BILL ANALYSIS Ó AB 620 Page 1 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). AB 620 Page 2 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 AB 620 Page 3 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 AB 620 Page 4 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 AB 620 Page 5 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, AB 620 Page 6 inform designated relatives or caretakers, or both, who are authorized to receive information regarding that patient,and local law enforcementwhen 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 AB 620 Page 7