BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 389 (Chau) - Hospitals: language assistance services
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|Version: June 19, 2015 |Policy Vote: HEALTH 9 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 29, 2015 |Consultant: Brendan McCarthy |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 389 would require hospitals to post their language
assistance policies on their websites. The bill would also
require both the Department of Public Health and the Office of
Statewide Health Planning and Development to post each
hospital's language assistance policy on their respective
websites.
Fiscal
Impact:
One-time costs of $270,000 in the first year and $200,000 in
the second year to develop policies and regulations and create
an information system by the Office of Statewide Health
Planning and Development (California Health Data and Planning
Fund). According to the Office, it would need to develop an
automated system to allow each licensed hospital to upload its
language assistance policy, rather than manually posting up
to 300 policies each year.
AB 389 (Chau) Page 1 of
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Ongoing costs of about $125,000 per year to ensure hospitals
have access to the new information technology system, ensure
that all hospitals have uploaded current language assistance
policies, and respond to questions and complaints from the
public by the Office of Statewide Health Planning and
Development (California Health Data and Planning Fund).
Potential one-time costs up to $150,000 to develop regulations
by the Department of Public Health, if another technology
arises that replaces internet websites (Licensing and
Certification Program Fund). The bill requires the Department
of Public Health, by regulation, to direct hospitals to post
their language assistance policies using any future technology
that replaces internet websites.
Minor costs for the Department of Public Health to post
hospital language assistance policies on its website
(Licensing and Certification Program Fund).
Background: Under current law, the Department of Public Health licenses
general acute care hospitals and other health facilities. The
Office of Statewide Health Planning and Development, amongst
other duties, collects and makes available to the public data on
hospital finances and operations.
Current law requires hospitals to adopt language assistance
policies to assist limited English speaking patients and
patients with hearing impairments. Language assistance policies
must provide, to the extent possible, interpretation services to
patients. Hospitals are required to transmit their language
assistance policies to the Department of Public Health and to
post them in conspicuous locations within the facility.
Proposed Law:
AB 389 would require hospitals to post their language
assistance policies on their websites. The bill would also
require both the Department of Public Health and the Office of
Statewide Health Planning and Development to post each
hospital's language assistance policy on their respective
websites.
Specific provisions of the bill would:
AB 389 (Chau) Page 2 of
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Require hospitals to make their language assistance policies
available on their internet websites (beginning July 1, 2016
and updated in January each year);
Require the policies to be written in English and up to five
languages most commonly spoken in a hospital's service area;
If a subsequent technology replaces internet websites, the
bill would require the Department of Public Health, by
regulation, to direct hospitals to use the subsequent
technology to post language assistance policies;
Require hospitals to provide their language assistance
policies to the Department of Public Health (beginning on July
1, 2016 and each January thereafter), including information on
the hospital's efforts to ensure communication with patients;
Require the Department to post all hospital language
assistance policies on its website or a subsequent technology
that replaces internet websites;
Require hospitals to provide their language assistance
policies to the Office of Statewide Health Planning and
Development (beginning on July 1, 2016 and each January
thereafter);
Require the Office to post all hospital language assistance
policies on its website or a subsequent technology that
replaces internet websites.
Related
Legislation: AB 635 (Atkins) would establish a Medi-Cal
interpretation program to provide and reimburse for certified
medical interpretations services. That bill will be heard in
this committee.
Staff
Comments: The requirement in the bill for two state agencies to
post the same information is redundant. Because Department of
Public Health licenses hospitals and investigates complaints
against hospitals, it would be most appropriate for the
Department of Public Health to host this consumer protection
information.
The only costs that may be incurred by a local agency relate to
crimes and infractions. Under the California Constitution, such
costs are not reimbursable by the state.
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