Amended in Senate June 6, 2013

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, begin insert 1569.317, end insert 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 begin insert residential facilities and end insert facilities that provide adult day programs. A person who violates the act is guilty of a misdemeanor.

begin insert

Existing law, the California Residential Care Facilities for the Elderly Act, requires the State Department of Social Services to license and regulate residential care facilities for the elderly, as defined. A person who violates the act is guilty of a misdemeanor.

end insert

Existing law, the California Adult Day Health Care Act, provides for the licensure and regulation of adult day health care centers, as defined begin insert , by the State Department of Public Health end insert . 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 begin insert providing residential care or end insert offering adult day programs, begin insert residential care facilities for the elderly, end insert and adult day health care centers to develop, implement, comply with, and review annually a safety plan begin insert , as specified, end insert for the purpose of addressing issues that arise when a patient begin insert , resident, end insert or participant begin insert , as applicable, end insert 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 begin delete that end delete begin insert a end insert patient begin insert , resident, end insert or participant, when begin delete a end delete begin insert that end insert patient begin insert , resident, end insert or participant is missing from the facility and to include begin delete when end delete begin insert the circumstances in which end insert local law enforcement begin delete should end delete begin insert must end insert be notified. 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 begin insert , for the purpose of
addressing issues that arise when a patient is missing from the
facility, end insert develop, implement, comply with, and review annually a
patient safety plan begin delete for the purpose of addressing issues that arise
when a patient is missing from the facility end delete begin insert , either as a stand-alone
plan or as part of the written plans and procedures that are
required pursuant to federal or state law end insert . 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 begin delete that end delete begin insert a end insert patient, when
begin delete a end delete begin insert that end insert patient is missing from the facility. The plan shall include
begin delete when end delete begin insert the circumstances in which end insert an administrator of the facility,
or his or her designee, begin delete should end delete begin insert shall end insert notify 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
begin insert residential care or offers end insert an adult day program begin insert , or both, end insert shall begin insert , for
the purpose of addressing issues that arise when a resident or an
adult day program participant is missing from the facility, end insert develop,
implement, comply with, and review annually a begin insert resident or end insert
participant safety plan begin delete for the purpose of addressing issues that
arise when an adult day program participant is missing from the
facility end delete begin insert , either as a stand-alone plan or as part of the written Needs
and Services Plan end insert . 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 begin delete that end delete begin insert a resident or end insert participant, when
begin delete an adult day program end delete begin insert that resident or end insert participant is missing from
the facility. The plan shall include begin delete when end delete begin insert the circumstances in which end insert
an administrator of the facility, or his or her designee, begin delete should end delete begin insert shall end insert
notify local law enforcement when begin delete an adult day program end delete begin insert a resident
or end insert participant is missing from the facility.

begin insert

begin insert SEC. 3. end insert   

Section 1569.317 is added to the Health and Safety
Code, to read:

begin insert 1569.317. end insert   

Every residential care facility for the elderly, as
defined in Section 1569.2, shall, for the purpose of addressing
issues that arise when a resident is missing from the facility,
develop, implement, comply with, and review annually a resident
safety plan, either as a stand-alone plan or as part of the written
record of the care the resident will receive in the facility, as
described in Section 1569.80. 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 a resident, when that resident is
missing from the facility. The plan shall include the circumstances
in which an administrator of the facility, or his or her designee,
shall notify local law enforcement when a resident is missing from
the facility.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 1584.5 is added to the Health and Safety Code,
to read:

1584.5.  

Every adult day health care center shall begin insert , for the purpose
of addressing issues that arise when an adult day health care
participant is missing from the facility, end insert develop, implement, comply
with, and review annually a participant safety plan begin delete for the purpose
of addressing issues that arise when an adult day health care
participant is missing from the facility end delete begin insert , either as a stand-alone
plan or as part of the individual plan of care, as defined in Section
1570.7 end insert . 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 begin delete that end delete begin insert a end insert participant, when begin delete an adult day health care end delete begin insert that end insert
participant is missing from the facility. The plan shall include begin delete when end delete
begin insert the circumstances in which end insert an administrator of the facility, or his
or her designee, begin delete should end delete begin insert shall end insert notify local law enforcement when
begin delete an adult day health care end delete begin insert a end insert participant is missing from the facility.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.