BILL ANALYSIS �
AB 974
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 974 (Hall)
As Amended July 2, 2013
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |39-0 |(August 26, |
| | | | | |2013) |
-----------------------------------------------------------------
Original Committee Reference: HEALTH
SUMMARY : Establishes a requirement for hospitals seeking to
transfer a person from one facility to another for nonmedical
reasons to first ask for an emergency contact person who should
be notified and informed about any proposed transfer.
The Senate amendments require hospitals to document any attempts
to contact the next of kin or preferred contact person in the
patient's medical record, and allow a health care provider,
health care service plan, or contractor to use or disclose
medical information to assist in identifying or locating the
next of kin or preferred contact person.
AS PASSED BY THE ASSEMBLY , this bill required a hospital,
transferring a patient to another hospital for nonmedical
reasons after first providing emergency services and care, to
ask the patient if there is a preferred contact person who
should be notified, and prior to the transfer, make a reasonable
attempt to contact that person about the proposed transfer.
FISCAL EFFECT : According to the Senate Appropriations
Committee, potential costs of $130,000 per year for two years to
develop and adopt implementing regulations by the Department of
Public Health (DPH) [Licensing and Certification Program Fund].
DPH indicates that it may need to adopt implementing regulations
to clarify this bill's requirements on hospitals.
COMMENTS : According to the author, existing law does not
regulate the procedure for alerting an emergency contact or next
of kin of a patient's transfer between health facilities. The
author asserts that this has resulted in a statewide patchwork
of procedures that vary from one transfer agreement to another,
which can lead to situations of confusion and fear among
families whenever a patient is transferred and no emergency
AB 974
Page 2
contact has been alerted. The author states that California
hospitals that operate an emergency department are required to
provide care to any person regardless of that patient's
insurance status. However, once the patient has been stabilized
and is no longer in immediate danger, he or she can be
transferred from one hospital to another for nonmedical reasons.
The author proposes that existing law be amended to require
hospitals to obtain an emergency or next of kin contact and
notify the contact prior to the patient's transfer. If the
patient is not able to respond, the hospital must make a
reasonable effort to identify an emergency contact or next of
kin and alert them. Further, the author believes this
additional requirement will bring uniformity to patient
transfers between hospitals and provide patients and their loved
ones vital information, comfort, and peace of mind
Title 22 of the Californian Code of Regulations states that a
patient shall not be transferred to another health facility
unless certain conditions are met, including that the patient or
the person legally responsible for the patient has been
notified, or attempts have been made over a 24 hour period prior
to the transfer and the patient's responsible person cannot be
reached.
Health Access California writes in support of this bill, that
requiring hospitals to notify an emergency contact person before
transferring a patient who has been stabilized is a simple
measure of human dignity and beneficial for healthcare
consumers. California Advocates for Nursing Home Reform states
that informing the next of kin or other emergency contact is
essential for the health and safety of the elderly and people
with disabilities. These groups are often given little
information or no options about their transfers, and involving
their next of kin or emergency contact will help them make an
informed decision.
Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097
FN: 0001888
AB 974
Page 3