BILL NUMBER: AB 1382 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Health (Pan (Chair), Logue (Vice Chair),
Ammiano, Bonilla, Bonta, Roger Hernández, Lowenthal, Mitchell,
Nazarian, Wieckowski, and Wilk)
FEBRUARY 27, 2013
An act to amend Sections 128735, 128736, and 128737 of the Health
and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1382, as introduced, Committee on Health. Reporting.
Existing law requires certain health facilities and freestanding
ambulatory surgery clinics to file, with the Office of Statewide
Health Planning and Development, specified reports containing various
patient and health data information.
This bill would require reporting of the preferred language spoken
rather than the principal language spoken, and the external causes
of morbidity rather than the external cause of injury. The bill would
delete the requirement to report other external causes of injury,
and would make other technical and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 128735 of the Health and Safety Code is amended
to read:
128735. An organization that operates, conducts, owns, or
maintains a health facility, and the officers thereof, shall make and
file with the office, at the times as the office shall require, all
of the following reports on forms specified by the office that shall
be in accord, if applicable, with the systems of accounting and
uniform reporting required by this part, except that the reports
required pursuant to subdivision (g) shall be limited to hospitals:
(a) A balance sheet detailing the assets, liabilities, and net
worth of the health facility at the end of its fiscal year.
(b) A statement of income, expenses, and operating surplus or
deficit for the annual fiscal period, and a statement of ancillary
utilization and patient census.
(c) A statement detailing patient revenue by payer, including, but
not limited to, Medicare, Medi-Cal, and other payers, and revenue
center, except that hospitals authorized to report as a group
pursuant to subdivision (d) of Section 128760 are not required to
report revenue by revenue center.
(d) A statement of cashflows, including, but not limited to,
ongoing and new capital expenditures and depreciation.
(e) A statement reporting the information required in subdivisions
(a), (b), (c), and (d) for each separately licensed health facility
operated, conducted, or maintained by the reporting organization,
except those hospitals authorized to report as a group pursuant to
subdivision (d) of Section 128760.
(f) Data reporting requirements established by the office shall be
consistent with national standards, as applicable.
(g) A Hospital Discharge Abstract Data Record that includes all of
the following:
(1) Date of birth.
(2) Sex.
(3) Race.
(4) ZIP Code.
(5) Principal Preferred language
spoken.
(6) Patient social security number, if it is contained in the
patient's medical record.
(7) Prehospital care and resuscitation, if any, including all of
the following:
(A) "Do not resuscitate" (DNR) order at on
admission.
(B) "Do not resuscitate" (DNR) order after admission.
(8) Admission date.
(9) Source of admission.
(10) Type of admission.
(11) Discharge date.
(12) Principal diagnosis and whether the condition was present
at on admission.
(13) Other diagnoses and whether the conditions were present
at on admission.
(14) External cause of injury causes of
morbidity and whether present on admission .
(15) Principal procedure and date.
(16) Other procedures and dates.
(17) Total charges.
(18) Disposition of patient.
(19) Expected source of payment.
(20) Elements added pursuant to Section 128738.
(h) It is the intent of the Legislature that the patient's rights
of confidentiality shall not be violated in any manner. Patient
social security numbers and other data elements that the office
believes could be used to determine the identity of an individual
patient shall be exempt from the disclosure requirements of the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
(i) A person reporting data pursuant to this section shall not be
liable for damages in an action based on the use or misuse of
patient-identifiable data that has been mailed or otherwise
transmitted to the office pursuant to the requirements of subdivision
(g).
(j) A hospital shall use coding from the International
Classification of Diseases in reporting diagnoses and procedures.
SEC. 2. Section 128736 of the Health and Safety Code is amended to
read:
128736. (a) Each hospital shall file an Emergency Care Data
Record for each patient encounter in a hospital emergency department.
The Emergency Care Data Record shall include all of the following:
(1) Date of birth.
(2) Sex.
(3) Race.
(4) Ethnicity.
(5) Principal Preferred language
spoken.
(6) ZIP Code.
(7) Patient social security number, if it is contained in the
patient's medical record.
(8) Service date.
(9) Principal diagnosis.
(10) Other diagnoses.
(11) Principal external cause of injury
External causes of morbidity .
(12) Other external cause of injury.
(13)
(12) Principal procedure.
(14)
(13) Other procedures.
(15)
(14) Disposition of patient.
(16)
(15) Expected source of payment.
(17)
(16) Elements added pursuant to Section 128738.
(b) It is the expressed intent of the Legislature that the
patient's rights of confidentiality shall not be violated in any
manner. Patient social security numbers and any other data elements
that the office believes could be used to determine the identity of
an individual patient shall be exempt from the disclosure
requirements of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(c) No person reporting data pursuant to this section shall be
liable for damages in any action based on the use or misuse of
patient-identifiable data that has been mailed or otherwise
transmitted to the office pursuant to the requirements of subdivision
(a).
(d) Data reporting requirements established by the office shall
be consistent with national standards as applicable.
(e) This section shall become operative on January 1, 2004.
SEC. 3. Section 128737 of the Health and Safety Code is amended to
read:
128737. (a) Each general acute care hospital and freestanding
ambulatory surgery clinic shall file an Ambulatory Surgery Data
Record for each patient encounter during which at least one
ambulatory surgery procedure is performed. The Ambulatory Surgery
Data Record shall include all of the following:
(1) Date of birth.
(2) Sex.
(3) Race.
(4) Ethnicity.
(5) Principal Preferre d
language spoken.
(6) ZIP Code.
(7) Patient social security number, if it is contained in the
patient's medical record.
(8) Service date.
(9) Principal diagnosis.
(10) Other diagnoses.
(11) Principal procedure.
(12) Other procedures.
(13) Principal external cause of injury, if known
External causes of morbidity .
(14) Other external cause of injury, if known.
(15)
(14) Disposition of patient.
(16)
(15) Expected source of payment.
(17)
(16) Elements added pursuant to Section 128738.
(b) It is the expressed intent of the Legislature that the patient'
s rights of confidentiality shall not be violated in any manner.
Patient social security numbers and any other data elements that the
office believes could be used to determine the identity of an
individual patient shall be exempt from the disclosure requirements
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(c) No person reporting data pursuant to this section shall be
liable for damages in any action based on the use or misuse of
patient-identifiable data that has been mailed or otherwise
transmitted to the office pursuant to the requirements of subdivision
(a).
(d) Data reporting requirements established by the office shall be
consistent with national standards as applicable.
(e) This section shall become operative on January 1, 2004.