Amended in Assembly April 21, 2014

Amended in Assembly April 2, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2069


Introduced by Assembly Member Maienschein

February 20, 2014


An act to addbegin delete Sections 120392.10 andend deletebegin insert Sectionend insert 120393 to the Health and Safety Code, relating to immunizations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2069, as amended, Maienschein. Immunizations: influenza.

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(1) Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including general acute care hospitals.

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Existing law requires a general acute care hospital, as defined, to offer, each year commencing with October 1 to the following April 1, inclusive, prior to discharge, immunizations for influenza and pneumoccal disease to inpatients, 65 years of age or older, based upon the adult immunization recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, and the recommendations of appropriate entities for the prevention, detection, and control of influenza outbreaks in California general acute care hospitals, pursuant to the hospital’s standardized procedures and if the hospital has the vaccine in its possession.

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This bill, in addition, would require each general acute care hospital to annually provide, prior to discharge, educational information regarding influenza disease and the availability of a vaccine to protect against the influenza virus to persons who are between 6 months and 64 years of age, inclusive, beginning no later than October 1 and ending on the following April 1, pursuant to the standardized procedures of the hospital and in accordance with the recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention of the United States Department of Health and Human Services, as specified. This bill would also require a general acute care hospital that chooses to offer influenza vaccinations to patients who are between 6 months and 64 years of age, inclusive, to inform each inpatient that he or she may be required to pay for the cost of the vaccination.

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(2) Under

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begin insert Underend insert existing law, the State Department of Public Health administers various programs for the protection of public health. Existing law requires the department to submit a biennial report to the Legislature on the immunization status of young children in the state and the improvements made in ongoing methods of immunization outreach and education in communities where immunization levels are disproportionately low.

This bill would require the department to annually post specified educational information regarding influenza disease and the availability of influenza vaccinations on the department’s Internet Web site prior to the annual influenza season, and also would authorize the department to use additional available resources to educate the public regarding influenza, including, among other things, public service announcements. The bill would also make legislative findings and declarations relating to the influenza virus.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Influenza, commonly known as the flu, is a serious virus
4that can cause mild to severe illness, and at times can lead to death.
5The best way to prevent influenza is by getting an influenza vaccine
6each year.

P3    1(b) Complications of influenza can include bacterial pneumonia,
2ear infections, sinus infections, dehydration, and worsening of
3chronic medical conditions, including congestive heart failure,
4asthma, and diabetes.

5(c) Most experts believe that influenza viruses spread mainly
6by droplets made when people with the flu cough, sneeze, or talk.
7These droplets can land in the mouths or noses of people who are
8nearby. Less often, a person might also get the flu by touching a
9surface or object that has the influenza virus on it and then touch
10their own mouth, eyes, or nose.

11(d) The federal Centers for Disease Control and Prevention
12(CDC) recommends that everyone who is at least six months of
13age or older should get an influenza vaccine. This recommendation
14has been in place since February 24, 2010, whenbegin insert theend insert CDC’s
15Advisory Committee on Immunization Practices (ACIP) voted for
16“universal” influenza vaccination in the United States in order to
17expand protection against the spread of the influenza virus to more
18people.

19(e) The CDC estimates that the national and California seasonal
20influenza rates for the 2012-13 influenza season of individuals
21who are six months of age or older are 45 percent and 44.2 percent,
22respectively.

23(f) The public health implications related to influenza
24vaccinations are important to the State of California because an
25influenza vaccination can prevent a potentially deadly virus
26infection and the costs associated with hospitalization can be
27reduced.

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28

SEC. 2.  

Section 120392.10 is added to the Health and Safety
29Code
, immediately following Section 120392.9, to read:

30

120392.10.  

(a) Pursuant to its standardized procedures, each
31general acute care hospital, as defined in subdivision (a) of Section
321250, shall annually, beginning no later than October 1 and ending
33on the following April 1, provide, prior to discharge, educational
34information regarding influenza disease and the availability of a
35vaccine to protect against the influenza virus to persons who are
36between 6 months and 64 years of age, inclusive. The educational
37information provided shall be in accordance with the
38recommendations of the Advisory Committee on Immunization
39Practices of the federal Centers for Disease Control and Prevention
40of the United States Department of Health and Human Services,
P4    1and the recommendations of appropriate entities for the prevention,
2detection, and control of influenza outbreaks in California general
3acute care hospitals as the recommendations exist and are annually
4updated, if applicable, on January 1 of the year in which the
5educational information is provided. Nothing in this section shall
6be construed to require a hospital to cover the cost of a vaccination
7if a hospital chooses to offer the influenza vaccine to inpatients
8who are between 6 months and 64 years of age, inclusive.

9(b) A general acute care hospital that chooses to offer influenza
10vaccinations to patients who are between 6 months and 64 years
11of age, inclusive, shall inform each inpatient that he or she may
12be required to pay for the cost of the vaccination.

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13

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14begin insertSEC. 2.end insert  

Section 120393 is added to the Health and Safety Code,
15to read:

16

120393.  

(a) The State Department of Public Health shall
17annually post educational informationbegin insert, in accordance with the
18latest recommendations of the Centers for Disease Control and
19Prevention,end insert
regarding influenza disease and the availability of
20influenza vaccinations on the department’s Internet Web site prior
21to the annual influenza season. It is the intent of the Legislature
22to increase the average number of Californians who receive an
23influenza vaccination.

24(b) Thebegin delete influenzaend deletebegin insert educationalend insert information posted on the
25department’s Internet Web site pursuant to subdivision (a) shall
26include, but not be limited to, all of the following:

27(1) The health benefits of an influenza vaccination.

28(2) That the influenza vaccination may be a covered benefit for
29those with health insurance coverage.

30(3) That influenza vaccinations may be available for a minimal
31fee to those individuals who do not have health insurance coverage.

32(c) The department may use additional available resources to
33educate the public about the information described in subdivision
34(b), including public service announcements, media events, public
35outreach to individuals and groups who are susceptible to influenza,
36and any other preventive and wellness education efforts
37recommended by public health officials.



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