BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 620
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          Date of Hearing:  April 9, 2013

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
                    AB 620 (Buchanan) - As Amended:  April 2, 2013
           
          SUBJECT  :  Health and care facilities: missing patients and  
          participants.

           SUMMARY  :  Requires specified health facilities offering adult  
          day health programs and adult day health centers to develop,  
          implement, comply with, and review annually a patient safety  
          plan for the purposes of addressing issues that arise when a  
          patient is missing from the facility.  Specifically,  this bill  :

          1)Requires intermediate care facilities (ICFs), intermediate  
            care facilities/developmentally disabled habilitative  
            (ICF-DDH), intermediate care facilities/developmentally  
            disabled (ICF-DD), intermediate care  
            facilities/developmentally disabled-nursing (ICF-DDN),  
            congregate living health facilities, nursing facilities,  
            intermediate care facilities/developmentally  
            disabled-continuous nursing (ICF/DD-CN), and community care  
            facilities offering adult day programs and adult day health  
            centers (ADHCs) to develop, implement, comply with and review  
            annually a patient safety plan for the purposes of addressing  
            issues that arise when a patient is missing from the facility.

          2)Requires the safety plan to include a requirement that the  
            administrator of the facility, or his or her designee, inform  
            designated relatives or caretakers, or both, who are  
            authorized to receive information regarding the patient or  
            participant and inform local law enforcement when a patient is  
            missing from the facility.

           EXISTING LAW  :

          1)Provides for the licensure and regulation of health facilities  
            including ICFs and ADHCs by the Department of Public Health  
            (DPH).

          2)Provides for the licensure and regulation of community care  
            facilities and adult day programs by the Department of Social  
            Services (DSS).









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          3)Requires certain types of health facilities, including 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.

          4)Requires in federal regulations, ICF-DDHs, ICF-DDs, ICF-DDNs,  
            ICF/DD-CNs, and skilled nursing facilities (SNFs) to develop  
            and implement detailed written plans and procedures to meet  
            all potential emergencies and disasters such as fire, severe  
            weather, and missing clients or residents.

          5)Requires in state regulations, community care facilities to  
            prepare a written intake assessment and a needs and service  
            plan prior to admission for each individual resident or client  
            to determine if the licensee has the ability to provide the  
            services needed and the type and extent of care and  
            supervision needed.  Requires the assessment and needs and  
            service plan to include the following:
             a)   Consideration of the client's propensity for behaviors  
               that result in harm to self or others.

             b)   Physical condition, including: i) vision; ii)hearing;  
               iii) speech; iv) walking with or without equipment or other  
               assistance; v) dietary limitations; vi) medical history and  
               problems; and, vii) need for prescribed medications.

             c)   Determination of the amount of supervision necessary by  
               assessing if the individual: i) tends to wander; ii) is  
               confused or forgetful; iii) is capable of managing his/her  
               own cash resources; iv) actively participates in social  
               activities or is withdrawn; functional limitations  
               including physical impairments; or, v) has a documented  
               history of behaviors which may result in harm to self or  
               others.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author, current state  
            regulations require these long-term care facilities (LTFs) to  
            report to regulators when the facility has filed a missing  
            persons report with a law enforcement agency.  However, LTFs  








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            are not required to file a missing persons report with law  
            enforcement or to notify relevant family members or caregivers  
            when a person is missing.  The author states that the safety  
            of individuals living in care facilities, or participating in  
            a day program, is at risk, as is evidenced by recent cases.   
            According to an October 10, 2012 article in the Contra Costs  
            Times provided by the author, an 86-year old female resident  
            went missing from Julia's Home, an adult care home in Concord.  
             The woman was discovered missing by a caretaker at  
            approximately 4:30 pm, who then conducted a search for an hour  
            before notifying the police at 5:30 pm.  The resident, an  
            Alzheimer's patient who also suffered from terminal heart  
            failure, was found dead later that evening after a police dog  
            traced her scent.  The woman's relatives were never notified  
            about her missing.

           2)COMMUNITY CARE FACILITIES  .  According to information provided  
            by DSS, community care facilities offer a home like  
            environment that is less restrictive than the  
            institutionalized setting of a nursing home or developmental  
            center, for example.  Resident care and supervision needs are  
            determined on a case by case basis by the residents, their  
            responsible parties and the licensee, and the care plans are  
            documented in the resident record.  The residents have  
            personal rights allowing them to leave the facility if they  
            wish to do so.  However, supervision is to be provided in  
            cases where it is needed when a resident wants to leave.   
            Statute prohibits residents from being in a locked  
            environment.  The laws and regulations must be applied in a  
            balanced manner which protects the resident's right to depart  
            from the facility with the resident's need for required  
            supervision as the resident may be vulnerable to harm in the  
            community due to dementia or a number of other medical  
            diagnoses.  Licensees are currently required to contact  
            emergency personnel when needed.  Law enforcement and some  
            family members have expressed concerns with the licensee  
            calling 9-1-1 whenever an independent resident leaves the  
            facility. If the resident is not an immediate danger to  
            themselves or others, law enforcement has communicated that it  
            is an abuse of the 9-1-1 system.  Overuse of 9-1-1 has also  
            strained the relationship between licensees and law  
            enforcement.

          There are three types of community care facilities.  Adult  
            residential facilities are facilities of any capacity that  








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            provide 24-hour non-medical care for adults ages 18 through  
            59, who are unable to provide for their own daily needs.   
            Adults in these facilities may be physically handicapped,  
            developmentally disabled, and/or mentally disabled.  Adult day  
            programs are community-based facilities or programs that  
            provide care to persons 18 years of age or older in need of  
            personal services, supervision, or assistance essential for  
            sustaining the activities of daily living or for the  
            protection of these individuals on less than a 24-hour basis.   
            Residential care facilities for the elderly (RCFEs) provide  
            care, supervision, and assistance with activities of daily  
            living, such as bathing and grooming.  RCFEs may also provide  
            incidental medical services under special care plans.  RCFEs  
            provide services to persons 60 years of age and over and  
            persons under 60 with compatible needs.  RCFEs may also be  
            known as assisted living facilities, retirement homes, and  
            board and care homes and can range in size from six beds or  
            less to over 100 beds.  The residents in these facilities  
            require varying levels of personal care and protective  
            supervision.

          According to DSS, regulations state that if a client requires  
            protective supervision because of running/wandering away,  
            supervision may be enhanced by fencing yards, using  
            self-closing latches and gates, and installing operational  
            bells, buzzers, or other auditory devices on exterior doors to  
            alert staff when the door is opened.  However, DSS notes that  
            the fencing and devices must not substitute for appropriate  
            staffing.

           3)ELOPEMENT  .  According to federal SNF regulations, elopement  
            occurs when a resident leaves the premises or a safe area  
            without authorization (i.e., an order for discharge or leave  
            of absence) and/or any necessary supervision to do so.  A  
            resident who leaves a safe area may be at risk of (or has the  
            potential to experience) heat or cold exposure, dehydration,  
            and/or other medical complications, drowning, or being struck  
            by a motor vehicle.  Facility policies that clearly define the  
            mechanisms and procedures for monitoring and managing  
            residents at risk for elopement can help to minimize the risk  
            of a resident leaving a safe area without authorization and/or  
            appropriate supervision.  In addition, the resident at risk  
            should have interventions in their comprehensive plan of care  
            to address the potential for elopement. Furthermore, a  
            facility's disaster and emergency preparedness plan should  








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            include a plan to locate a missing resident.

           4)SUPPORT  .  The Alzheimer's Association writes in support of  
            this bill that they believe it is of great importance for  
            these facilities to have plans and procedures in place when  
            patients go missing under circumstances that are unusual or  
            suspicious.  This is of particular importance for those living  
            with Alzheimer's, as six in 10 wander at some point and in  
            these instances, it is critical that steps are taken  
            immediately since roughly 50% of these individuals risk  
            serious injury or death if not found in the first 24 hours.   
            The California Association of Psychiatric Technicians also  
            writes in support that this is a common-sense bill that  
            requires family members to be informed when loved ones bolt,  
            wander, or otherwise go missing and it also outlines the  
            involvement of law enforcement.

           5)LETTER OF CONCERN  .  The California Association of Health  
            Facilities (CAHF) has concerns about this bill.  CAHF explains  
            that their members currently have a federal requirement for a  
            patient safety plan that addresses missing patients.  CAHF's  
            concern is whether the new state requirements being developed  
            in this bill either conflict with federal law, or add a series  
            of new, burdensome requirements for facilities to implement.   
            CAHF states the current version of this bill does not conflict  
            with federal requirements.  However, it does add new  
            requirements for specific individuals and governmental  
            agencies that need to be notified.  Everyone is concerned when  
            a resident elopes or is missing and CAHF does not oppose this  
            bill's new notification requirements, but will ask for the  
            state Medi-Cal program to pay its fair share of the mandate.

           6)SUGGESTED AMENDMENTS  .  This bill requires the patient safety  
            plan to include a requirement that the facility inform  
            designated relatives or caretakers  and  notify law enforcement  
            when a patient/participant is missing; if, after contacting  
            the relative or caretaker, the facility discovers the person  
            is not missing, it is unclear if the facility would still be  
            required to notify law enforcement.  The Committee may want to  
            amend the bill to clarify that the plan should specify when  
            their facility should notify law enforcement when a patient is  
            missing. 

               The plan shall include a requirement that an  
               administrator of the facility, or his or her designee,  








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               inform designated 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.  The plan shall include  
               when an administrator of the facility, or his or her  
               designee, should notify local law enforcement when a  
               patient is missing from the facility.  

           7)RELATED LEGISLATION  .  AB 961 (Levine) requires DPH to complete  
            its investigation of an LTC facility and issue a citation, if  
            any, within specified time frames and authorizes DPH and DSS  
            to publicly notice facility investigation and evaluation  
            information as long as the facility has a license capacity of  
            16 beds or more and the name and personally identifiable  
            information of any person with developmental disabilities or  
            who is involuntarily detained is not included.

           8)PREVIOUS LEGISLATION  .

             a)   SB 1047 (Alquist), Chapter 651, Statutes of 2012,  
               authorizes a law enforcement agency to request the  
               California Highway Patrol to activate a "Silver Alert" if a  
               person 65 years of age or older is missing.

             b)   SB 38 (Alquist) of 2009 which would have required  
               development and implementation of a Silver Alert system,  
               was held on the Assembly Appropriations Committee's  
               Suspense File.

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          Alzheimer's Association
          California Association of Psychiatric Technicians

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Patty Rodgers / HEALTH / (916) 319-2097  












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