BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 974
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 974 (Hall)
          As Amended July 2, 2013
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 9, 2013)   |SENATE: |39-0 |(August 26,    |
          |           |     |                |        |     |2013)          |
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           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  








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          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  
          











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