CHA’s legal department advocates vigorously before the courts on behalf of California hospitals, both as a party in litigation and as amicus curiae in important appellate cases. In addition, the CHA legal department prepares legal memoranda and manuals to help hospitals understand and comply with state and federal laws. The CHA legal department also supports CHA staff in their advocacy efforts before the state legislature and regulatory agencies.
CHA’s legal department advocates vigorously before the courts on
behalf of California hospitals, both as a party in litigation and
as amicus curiae in important appellate cases. In
addition, the CHA legal department prepares legal memoranda and
manuals to help hospitals understand and comply with state and
federal laws. The CHA legal department also supports CHA staff in
their advocacy efforts before the state legislature and
On Sept. 18, Gov. Newsom signed Assembly Bill 685
(Reyes, D-Grand Terrace), requiring employers to provide
notice to employees and their representatives when an employee
has been exposed to COVID-19 in the workplace. The law goes
into effect on Jan. 1, 2021.
November 4, Central and Northern California
November 10, Southern California
9:00 a.m. – 12:00 p.m., Pacific Time
A complimentary, CHA members-only webinar
The California Department of Public Health (CDPH) and the California Hospital Association (CHA) share many goals. They both want to advance high-quality health care and well-being for Californians — and they are communicating and partnering towards those ends.
On Monday, the Office for Civil Rights at the U.S. Department of
Health and Human Services issued guidance for
health care providers on complying with federal civil rights laws
during the COVID-19 public health emergency. The guidance focuses
on prohibitions against discrimination based on race, color,
and national origin, and includes many practical considerations
and actions hospitals can take to ensure equitable access to
On July 3, the California Department of Public Health issued
two sets of proposed regulations for public comment. One
regulation package addresses hospital adverse events reporting,
while the other addresses medical information breach reporting.
CHA is analyzing the proposals and will submit comments.
On April 20, the California Attorney General issued a published opinion clarifying
the time period within which a Business and Professions Code
section 805 report must be filed. Section 805 requires a
report to be filed with the relevant state healing arts licensing
agency “within 15 days after the effective date” of certain
actions taken by a peer review body against specified health care
Federal law requires hospitals and other Health Insurance
Portability and Accountability Act (HIPAA)-covered entities to
report all 2019 HIPAA privacy breaches affecting fewer than 500
patients to the Office for Civil Rights of the U.S. Department of
Health and Human Services (HHS) by Feb. 29.
The California Department of Public Health (CDPH) has issued
guidance, in three different All Facilities Letters (AFLs),
about new laws that apply to hospitals and health facilities: one
regarding medical exams of sexual assault victims, one on
employees’ rights during a CDPH investigation or inspection, and
one on written notice to patients about their right to be free of
CHA has submitted its comment
letter in response to the Office of Inspector General’s (OIG)
proposed rule to revise safe harbors under the anti-kickback
statute (AKS) and civil monetary penalty (CMP) rules regarding
beneficiary inducements. The proposed rule would create new safe
harbors for value-based arrangements and patient engagement, and
would expand other existing safe harbors.
CHA has submitted its comment
letter on the Centers for Medicare & Medicaid Services’ (CMS)
proposed rule to modernize regulations under the physician
self-referral law – also known as the
Stark Law. While CHA generally supports many of the
provisions outlined in the proposed rule, additional changes are
needed to advance the shared goals of care coordination and
reduced administrative burden.
CHA has submitted
comments on the Substance Abuse and Mental Health Services
Administration’s (SAMHSA) proposed changes to the Confidentiality
of Substance Use Disorder (SUD) Patient Records (Part 2)