About Laws & Regulations
Navigating the vast network of health care laws and regulations is difficult. To help hospitals, CHA produces manuals and guidebooks, including the Consent Manual, a one-stop resource for all legal requirements related to patient consent for medical treatment, release of medical information, reporting requirements and more; the Model Medical Staff Bylaws and Rules, which outline the framework for working relationships among medical staff, hospital administrators and governing bodies; and the California Hospital Compliance Manual, which covers high-risk compliance issues. CHA also represents California hospitals’ interests in court on issues, including reimbursement, labor and employment, and more.
Hospitals Must Report Community Benefit Activities to HCAI
What’s happening: On Jan. 31, the Office of Administrative Law approved the final adopted program regulations that standardize how hospitals must report their community benefit activities to the Department of Health Care Access and Information (HCAI). They went into effect immediately.
What else to know: The approved regulations specify the information hospitals are required to include in their community benefits plans and reports, the deadlines for submitting the required reports, and the method of submission. These regulations were also filed with the Secretary of State.
Medicare Patient Reclassification Notices Now in Effect
What’s happening: Effective Feb. 14, providers are required to issue a Medicare Change of Status Notice (MCSN) to eligible patients who were admitted as hospital inpatients, but the hospital subsequently reclassified them as outpatients who are receiving observation services.
What else to know: This requirement only applies to patients with traditional Medicare as the primary payer. The form and its instructions are available to download.
HCAI Issues Advisory Guide for Building, Remodeling Acute Psychiatric Facilities
What’s happening: The Department of Health Care Access and Information (HCAI) recently released an advisory guide for new construction of acute psychiatric hospitals, psychiatric nursing units provided within general acute care hospitals, and special treatment programs within skilled-nursing facilities — and remodeling or alterations to existing structures of this kind.
What else to know: The advisory guide includes new structural requirements; basic and supplemental services; and mechanical, engineering, and plumbing requirements.
CHA Presentation Details Hospitals’ Role in Health Care Ecosystem
What’s happening: As part of CHA’s efforts to educate new and existing lawmakers on hospitals’ role in the health care ecosystem, Kathryn Austin Scott, senior vice president, state relations and advocacy, and vice presidents of advocacy Kalyn Dean, Mark Farouk, and Vanessa Gonzalez hosted a “Hospital 101” legislative staff briefing on Jan. 14.
California Air Resources Board Seeks Feedback on Climate Disclosure Regulations
What’s happening: The California Air Resources Board (CARB) is working to implement Senate Bill (SB) 253 (2023) and SB 261 (2023), also known as the climate disclosure bills, and seeks feedback by March 21 on several technical questions related to implementation for regulatory development.
What else to know: These climate disclosure bills aim to improve transparency via new reporting requirements for certain businesses in California. The requirements are related to the businesses’ greenhouse gas emissions and climate risks.
CDPH Issues All Facilities Letter on Public Notice for Inpatient Psychiatric, Perinatal Services Closures
What’s happening: The California Department of Public Health’s All Facilities Letter 25-05, issued on Feb. 3, notifies general acute care and acute psychiatric hospitals of the enactment of Senate Bill (SB) 1300 (Chapter 894, Statutes of 2024).
What else to know: Per SB 1300, a hospital that is closing an inpatient psychiatric unit or perinatal unit is, as of Jan. 1, required to provide public notice of the proposed elimination at least 120 days prior to the service line’s elimination (increased from 90 days).
2025 HR Conference Offers Continuing Education Credits
What’s happening: In partnership with the Hospital Association of Southern California, CHA will host the two-day 2025 HR Conference in Long Beach, taking place Feb. 19 from noon to 5 p.m. and Feb. 20 from 8 a.m. to 4 p.m.
What else to know: The conference will cover topics relevant to human resource (HR) professionals, and professional continuing education (CE) credits are available to registrants who complete certain requirements. Registration is open for CHA members.
CHA Comments on Medicare Advantage Proposals for 2026
What’s happening: CHA submitted comments in response to the Centers for Medicare & Medicaid Services’ (CMS) proposed policy and technical changes to Medicare Advantage (MA) and Part D programs for contract year 2026.
What else to know: Finalization of the proposed rule is expected in April — in time for MA plans to bid to CMS and offer MA products for plan year 2026. The rule, once finalized, will take effect Jan. 1, 2026.
Health Facilities Must Work With College Nursing Programs on Clinical Placements
What’s happening: Effective Jan. 1, Assembly Bill (AB) 1577 (2024) added Section 12775 to the Health and Safety Code, requiring health facilities and clinics to meet with a community college or California State University that has an approved school of nursing upon the college’s request and work in good faith to meet the nursing program’s clinical placement needs.
What else to know: Beginning in 2026, if a health facility or clinic lacks the capability or capacity to meet the college’s needs, the Department of Health Care Access and Information (HCAI) will require written justification within 30 days of the meeting, subject to a $1,000 fine for failure to provide the justification.
HHS Proposes Updates to HIPAA Security Rule
What’s happening: The U.S. Department of Health and Human Services’ (HHS) proposed revisions to the Health Insurance Portability and Accountability Act (HIPAA) Security Rule aim to strengthen cybersecurity protections for electronic protected health information (ePHI).
What else to know: Comments on the proposed rule are due by March 7.