California § 1439.9 - A skilled nursing facility, as defined in subdivision (c) of Section 1250, partic

§ 1439.9. A skilled nursing facility, as defined in subdivision (c) of Section 1250, partic

(a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, participating as a provider under the Medi-Cal program shall make publicly available its current daily resident census and nurse staffing data by meeting either of the following conditions: (1) The facility posts on its internet website the facility’s current daily resident census and nurse staffing data. (2) Upon request by telephone, the facility meets one or both of the following, based on the preference of the requester: (A) Within 24 hours of the request, the facility provides the facility’s current daily resident census and nurse staffing data to the requester verbally by means of telephone. (B) Within two business days of the request, the facility provides the facility’s current daily resident census and nurse staffing data to the requester in writing by means of email. To comply with a request to provide current daily resident census and nurse staffing data by means of email, the facility may email a photograph of its posted current daily resident census and nurse staffing data. (b) For purposes of this section, “current daily resident census” and “nurse staffing data” mean the data required to be posted by the facility pursuant to Section 483.35(g) of Title 42 of the Code of Federal Regulations corresponding to a given day in the case of paragraph (1) of subdivision (a), or corresponding to the day a request is made in the case of paragraph (2) of subdivision (a). (c) This section shall not be construed as precluding the provision of any information by a skilled nursing facility otherwise required by state or federal law, including, but not limited to, Section 483.35 of Title 42 of the Code of Federal Regulations. (d) A violation of this section is exempt from Sections 1290 and 1431. (e) (1) The Legislature hereby finds and declares that the estimated cost of complying with this section is de minimis and therefore the requirements imposed by this section shall not be reimbursable as a new state mandate pursuant to Article 3.8 (commencing with Section 14126) of this chapter or any other Medi-Cal ratesetting provisions of any law, regulation, or the California Medicaid State Plan. (2) In the event of a final judicial determination made by any state or federal court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in any action by any party or a final determination by the administrator of the Centers for Medicare and Medicaid Services, that reimbursement by the Medi-Cal program to long-term health care facilities for costs associated with this section is required by state or federal law or regulation, this section shall become operative only upon appropriation by the Legislature.