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 residential facilities and facilities that provide adult day programs. A person who violates the act is guilty of a misdemeanor.
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.
Existing law, the California Adult Day Health Care Act, provides for the licensure and regulation of adult day health care centers, as defined, by the State Department of Public Health. 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, andbegin insert skilledend insert nursing facilities, community care facilities providing residential care or offering adult day programs, residential care facilities for the elderly, and adult day health care centers to develop, implement, comply with, and review annually a safety plan, as specified, for the purpose of addressing issues that arise when a patient, resident, or participant, as applicable, 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 a patient, resident, or participant, when that patient, resident, or participant is missing from the facility and to include the circumstances in which local law enforcement must 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 1279.8 is added to the Health and Safety
2Code, to read:
Every health facility, as defined in subdivisionbegin insert (c),end insert (d),
4(e), (g), (h), (i),begin delete (k),end delete or (m) of Section 1250, shall, for the purpose
5of addressing issues that arise when a patient is missing from the
6facility, develop, implement, comply with, and review annually a
P3 1patient safety plan, either as a stand-alone plan or as part of the
2written plans and procedures that are required pursuant to federal
3or state law. The plan shall include a requirement that an
4administrator of the facility, or his or her designee, inform
5designated relatives or caretakers, or both, who are
authorized to
6receive information regarding a patient, when that patient is missing
7from the facility. The plan shall include the circumstances in which
8an administrator of the facility, or his or her designee, shall notify
9local law enforcement when a patient is missing from the facility.
Section 1507.15 is added to the Health and Safety
11Code, to read:
Every community care facility that provides
13residential care or offers an adult day program, or both, shall, for
14the purpose of addressing issues that arise when a resident or an
15adult day program participant is missing from the facility, develop,
16implement, comply with, and review annually a resident or
17
participant safety plan, either as a stand-alone plan or as part of
18the written Needs and Services Plan. The plan shall include a
19requirement that an administrator of the facility, or his or her
20designee, inform designated relatives or caretakers, or both, who
21are authorized to receive information regarding a resident or
22participant, when that resident or participant is missing from the
23facility. The plan shall include the circumstances in which an
24administrator of the facility, or his or her designee, shall notify
25local law enforcement when a resident or participant is missing
26from the facility.
Section 1569.317 is added to the Health and Safety
28Code, to read:
Every residential care facility for the elderly, as
30defined in Section 1569.2, shall, for the purpose of addressing
31issues that arise when a resident is missing from the facility,
32develop, implement, comply with, and review annually a resident
33safety plan, either as a stand-alone plan or as part of the written
34record of the care the resident will receive in the facility, as
35described in Section 1569.80. The plan shall include a requirement
36that an administrator of the facility, or his or her designee, inform
37designated relatives or caretakers, or both, who are authorized to
38receive information regarding a resident, when that resident is
39missing from the facility. The plan shall include the circumstances
40in which an administrator of the
facility, or his or her designee,
P4 1shall notify local law enforcement when a resident is missing from
2the facility.
Section 1584.5 is added to the Health and Safety Code,
4to read:
Every adult day health care center shall, for the purpose
6of addressing issues that arise when an adult day health care
7participant is missing from the facility, develop, implement, comply
8with, and review annually a participant safety plan, either as a
9stand-alone plan or as part of the individual plan of care, as defined
10in Section 1570.7. The plan shall include a requirement that an
11administrator of the facility, or his or her designee, inform
12designated relatives or caretakers, or both, who are authorized to
13receive information regarding a participant, when that participant
14is missing from the facility. The plan shall include the
15circumstances in which an administrator of the facility, or his or
16her designee, shall notify local law
enforcement when
a participant
17is missing from the facility.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
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