Legal, Regulatory, & Licensing

About Legal, Regulatory, & Licensing

CHA’s legal department works on behalf of member hospitals and health systems in a variety of ways:

  • Advocating before the courts both as a party in litigation and as amicus curiae in important appellate cases
  • Assisting hospital compliance officers, privacy officers, and other staff with compliance with the myriad federal and state laws that govern hospital administration and the delivery of health care. This includes CHA’s California Health Information Privacy Manual, a California-specific resource that compares privacy requirements under HIPAA to state laws, and the California Hospital Compliance Manual, which covers high-risk compliance issues.
  • Representing the interests of California hospitals before state and federal courts in lawsuits involving MICRA, reimbursement, labor and employment, medical staff, and other issues
  • Assistance with medical staff bylaws
  • Expertise in mental health law

This section also includes information about the California Department of Public Health’s (CDPH) Licensing and Certification Division, which is responsible for the licensure, regulation, inspection, and certification of health care facilities and certain health care professionals in California.

CHA Issues Summary of FFY 2022 Long-Term Care Hospital PPS Final Rule

CHA has issued a members-only summary, prepared by Health Policy Alternatives, Inc., of the federal fiscal year (FFY) 2022 long-term care hospital (LTCH) prospective payment system final rule issued by the Centers for Medicare & Medicaid Services. The policy and payment provisions in the final rule are effective for FFY 2022 discharges, beginning Oct. 1.

CMS to Rescind Prior Audit Denials for Mid-Build Exceptions

The Centers for Medicare & Medicaid Services (CMS) announced it is rescinding prior audit denials for hospitals that failed to qualify for the “mid-build exception” to the site-neutral payment policy. CMS will review each previously failing provider’s audit findings for compliance with statutory requirements, as well as for accuracy and completeness.

Biden Issues COVID-19 Action Plan with Vaccine Requirements for Health Care Workers, Federal Employees & Contractors, Private Sector Employees

Today President Biden announced his COVID-19 Action Plan. As part of the plan, President Biden issued an executive order requiring all federal executive branch workers to be vaccinated with no option for being regularly tested as an alternative and an executive order directing that this standard be extended to employees of contractors that do business with the federal government.  

Extension Available for Submitting Training Proof to Attorney General

On Aug. 23, the state Attorney General (AG) sent a letter to 191 California perinatal health care facilities asking them to submit, by Sept. 20, proof of compliance with Senate Bill (SB) 464 (Statutes of 2019, Ch. 533). This law requires hospitals to provide initial and refresher training to perinatal personnel on implicit bias in maternity care, effective Jan. 1, 2020.  

CHA Comments on CY 2022 Physician Fee Schedule Proposed Rule

CHA submitted comments on the calendar year (CY) 2022 physician fee schedule proposed rule. In the letter, CHA:  Urges CMS to work with Congress to address significant payment reductions to the proposed conversion factor and physician payments  Urges CMS to continue to support the expansion of telehealth by finalizing proposals to maintain Category 3 telehealth services until the end of CY […]

CHA Comments on No Surprises Act Regulation

CHA submitted comments on the interim final rule with comment period implementing the No Surprises Act.  In the letter, while CHA supports efforts to reduce patients’ out-of-pocket costs for health care, CHA raises a number of concerns with provisions of the interim final rule, including the qualified payment amount calculation and notice and consent process.   Additionally, CHA asks the tri-agencies to protect patients from confusion and consumers from higher premiums — resulting from […]

CDPH Requests Hospitals Submit Update of Emergency Contacts

On Aug. 24, the California Department of Public Health (CDPH) released All Facilities Letter (AFL) 21-33, which requests that hospitals and other licensed facilities provide contact information for a designated emergency contact and, optionally, an alternate point of contact. CDPH requests these updates from time to time through an AFL.