Amended in Senate July 11, 2013

Amended in Senate June 27, 2013

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, 1569.317, 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 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, and skilled nursing facilities, community care facilities providing begin insert adult end insert residential care or offering adult day programs, residential care facilities for the elderly, and adult day health care centers to develop begin delete , implement, end delete begin insert and end insert comply with begin delete , and review annually end delete 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 begin delete designated relatives or caretakers, or both, who are authorized to receive information regarding a patient, resident, or participant, end delete begin insert the patient’s, resident’s, or participant end insert begin insert ’s authorized representative end insert 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 1.  

Section 1279.8 is added to the Health and Safety
Code, to read:

1279.8.  

Every health facility, as defined in subdivision (c), (d),
(e), (g), (h), (i), or (m) of Section 1250, shall, for the purpose of
addressing issues that arise when a patient is missing from the
facility, develop begin delete , implement, end delete begin insert and end insert comply with begin delete , and review annually end delete
a patient safety plan begin delete , either as a stand-alone plan or end delete as part of the
written plans and procedures that are required pursuant to federal
or state law. The plan shall include a requirement that an
administrator of the facility, or his or her designee, inform
begin delete designated relatives or caretakers, or both, who are authorized to
receive information regarding a patient, end delete begin insert the patient’s authorized
representative end insert when that patient 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 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 adult end insert
residential care or offers an adult day begin delete program, or both, end delete begin insert program end insert
shall, for the purpose of addressing issues that arise when begin delete a end delete begin insert an
adult end insert resident or an adult day program participant is missing from
the facility, develop begin delete , implement, end delete begin insert and end insert comply with begin delete , and review
annually a resident or participant end delete begin insert a written end insert safety plan begin delete , either as a
stand-alone plan or as end delete begin insert for each resident or participant. The plan
shall be end insert part of the written Needs and Services Plan. The plan shall
include a requirement that an administrator of the facility, or his
or her designee, inform begin delete designated relatives or caretakers, or both,
who are authorized to receive information regarding a resident or
participant, end delete begin insert the resident’s or participant’s authorized representative end insert
when that resident or participant is missing from the facility. The
plan begin insert also end insert shall include the circumstances in which an administrator
of the facility, or his or her designee, shall notify local law
enforcement when a resident or participant is missing from the
facility.

SEC. 3.  

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

1569.317.  

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 begin delete , implement, end delete begin insert and end insert comply with begin delete , and review annually end delete a
resident safety plan begin delete , either as a stand-alone plan or end delete 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 begin delete designated relatives or caretakers, or both, who
are authorized to receive information regarding a resident, end delete begin insert the
resident’s authorized representative end insert 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.

SEC. 4.  

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

1584.5.  

Every adult day health care center shall, for the purpose
of addressing issues that arise when an adult day health care
participant is missing from the facility, develop begin delete , implement, end delete begin insert and end insert
comply with begin delete , and review annually end delete a participant safety plan, begin delete either
as a stand-alone plan or end delete as part of the individual plan of care, as
defined in Section 1570.7. The plan shall include a requirement
that an administrator of the facility, or his or her designee, inform
begin delete designated relatives or caretakers, or both, who are authorized to
receive information regarding a participant, end delete begin insert the participant’s
authorized representative end insert when that participant 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 participant is missing from the
facility.

SEC. 5.  

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.