Amended in Assembly April 15, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 620

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 amended, 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 negligently, 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 begin delete programs; end delete begin insert programs, end insert 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, or his or her designee, inform designated relatives or caretakers, or both, who are authorized to receive information regarding that patient or participant, begin delete and local law enforcement end delete when a patient or participant is missing from the facility begin insert and to include when local law enforcement should be notified end insert . Because negligent, repeated, or willful 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, or his or her designee, inform
designated relatives or caretakers, or both, who are authorized to
receive information regarding that patient, begin delete and local law
enforcement end delete when a patient is missing from the facility. begin insert The plan
shall include end insert begin insert when an administrator of the facility, or his or her
designee, should notify local law enforcement when a patient is
missing from the facility. end insert

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 begin delete , end delete 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, or his or her designee, inform
designated relatives or caretakers, or both, who are authorized to
receive information regarding that participant, begin delete and local law
enforcement end delete when an adult day program participant is missing
from the facility. begin insert The plan shall include end insert begin insert when an administrator of
the facility, or his or her designee, should notify local law
enforcement when an adult day program participant is missing
from the facility. end insert

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, or
his or her designee, inform designated relatives or caretakers, or
both, who are authorized to receive information regarding that
participant, begin delete and local law enforcement end delete when an adult day health
care participant is missing from the facility. begin insert The plan shall include end insert
begin insert when an administrator of the facility, or his or her designee, should
notify local law enforcement when an adult day health care
participant is missing from the facility. end insert

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.