​SNF Daily Data

Effective January 1, 2025, a SNF participating as a provider under the Medi-Cal program must make publicly available its current daily resident census and nurse staffing data by posting that information on its website or, in response to a telephonic request and in accordance with the requestor's preferences, providing it verbally within 24 hours or by email within 2 business days. The email response may include a photograph of the SNF's posted current daily resident census and nurse staffing data.

“Current daily resident census” and “nurse staffing data”​ have the same meaning as in Title 42, Code of Federal Regulations (CFRs), section 483.35(g).

This bill does not preclude the SNF from providing any additional information otherwise required by state or federal law, including, but not limited to, CFR section 483.35.

LTC Notices of Involuntary Transfer or Discharge

SB 1354 expands the required contents of the written notice a LTC health facility must give to a resident or their representative in advance of an i​nvoluntary transfer or discharge. Effective January 1, 2025, all such notices must state not only the reason for the transfer or discharge, but also include the following statement:

“At the time of admission, this facility is an enrolled provider with the following: ____ Medi-Cal ____ Medicare.

If we participate in Medi-Cal, you will not be discharged from the facility or transferred within the facility, solely as a result of changing your manner of purchasing the services from private payment or Medicare to Medi-Cal, except for a potential transfer within the facility from a private room to a semiprivate room.

If we participate in Medi-Cal, you may be eligible for the Long-Term Care Medi-Cal program to help pay for your stay in the facility. For more information, refer to the attached notice DHCS 7077, Notice Regarding Standards for Medi-Cal Eligibility, from the State Department of Health Care Services. Medi-Cal, Medicare, or a private payo​r may require that the resident pay a copayment, coinsurance, or a deductible, all of which the facility considers to be the resident's share of cost.​​​”

This bill does not affect the facility's responsibility to promptly notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge, as specified in HSC section 1439.7.

Payment Source Discrimination

SB 1354 strengthens the prohibition against facility discrimination based on a resident's payment source. LTC health facilities certified for Medi-Cal must provide the aid, care, service, and other benefits available under Medi-Cal to its Medi-Cal residents in the same manner, by the same methods, and at the same scope, level, and quality as provided to the general public, regardless of payment source. This requirement is applicable to, but is not limited to, admission practices, room selection and placements except as specified in WIC section 14124.7(a) and (c), and meal provisions.

CDPH's failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text of all applicable sections of the HSC and the California Code of Regulations to ensure compliance.

If you have any questions or concerns regarding this AFL, please contact your district office.

Sincerely,

Original signed by Chelsea Driscoll

Chelsea Driscoll

Acting Deputy Director​