BILL NUMBER: AB 620	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 20, 2013

   An act to add Sections 1279.8, 1507.15, and 1584.5 to the Health
and Safety Code, relating to health and care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 620, as introduced, Buchanan. Health and care facilities:
missing patients and participants.
   Existing law provides for the licensure and regulation of the
health facilities, as defined. Existing law requires certain types of
health facilities, such as acute care hospitals and skilled nursing
facilities, to develop, implement, and comply with a patient safety
plan for the purpose of improving the health and safety of patients
and reducing preventable patient safety events, as specified. A
person who violates the provisions governing health facilities is
guilty of a misdemeanor, as specified.
   The Community Care Facilities Act provides for the licensure and
regulation of community care facilities, as defined, including
facilities that provide adult day programs. A person who violates the
act is guilty of a misdemeanor.
   Existing law, the California Adult Day Health Care Act, provides
for the licensure and regulation of adult day health care centers, as
defined. A person who neglegently, repeatedly, or willfully violates
the act is guilty of a misdemeanor.
   This bill would require specified health facilities, including
various kinds of intermediate care facilities, congregate living
health facilities, and nursing facilities, community care facilities
offering adult day programs; and adult day health care centers to
develop, implement, comply with, and review annually a safety plan
for the purpose of addressing issues that arise when a patient or
participant is missing from the facility. The bill would require the
plan to include a requirement that an administrator of the facility
inform relatives or caretakers, or both, who are authorized to
receive information regarding that patient or participant, and local
law enforcement when a patient or participant is missing from the
facility. Because violations of these provisions would be
misdemeanors, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1279.8 is added to the Health and Safety Code,
to read:
   1279.8.  Every health facility, as defined in subdivision (d),
(e), (g), (h), (i), (k), or (m) of Section 1250, shall develop,
implement, comply with, and review annually a patient safety plan for
the purpose of addressing issues that arise when a patient is
missing from the facility. The plan shall include a requirement that
an administrator of the facility inform relatives or caretakers, or
both, who are authorized to receive information regarding that
patient, and local law enforcement when a patient is missing from the
facility.
  SEC. 2.  Section 1507.15 is added to the Health and Safety Code, to
read:
   1507.15.  Every community care facility that provides an adult day
program shall develop, implement, comply with, and review annually,
a participant safety plan for the purpose of addressing issues that
arise when an adult day program participant is missing from the
facility. The plan shall include a requirement that an administrator
of the facility inform relatives or caretakers, or both, who are
authorized to receive information regarding that participant, and
local law enforcement when an adult day program participant is
missing from the facility.
  SEC. 3.  Section 1584.5 is added to the Health and Safety Code, to
read:
   1584.5.  Every adult day health care center shall develop,
implement, comply with, and review annually a participant safety plan
for the purpose of addressing issues that arise when an adult day
health care participant is missing from the facility. The plan shall
include a requirement that an administrator of the facility inform
relatives or caretakers, or both, who are authorized to receive
information regarding that participant, and local law enforcement
when an adult day health care participant is missing from the
facility.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.