BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 12, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2743  
          (Eggman) - As Introduced February 19, 2016


          SUBJECT:  Psychiatric bed registry.


          SUMMARY:  Requires the Department of Public Health (DPH) to  
          establish an Internet web-based electronic acute psychiatric bed  
          registry (hereafter registry) to collect, aggregate, and display  
          information regarding the availability of acute psychiatric beds  
          in psychiatric health facilities.  Specifically, this bill:  


          1)Defines "designated employee" as an employee designated by a  
            health facility to submit information for inclusion in the  
            registry and serve as the contact person to respond to  
            requests for information related to data reported to the  
            registry.



          2)Requires, prior to July 1, 2017, DPH to establish and operate  
            a registry to collect, aggregate, and display information  
            regarding the availability of acute psychiatric beds in health  
            facilities.


          3)Specifies that the purpose of the registry is to facilitate  
            the identification and designation of available beds in  








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            psychiatric health facilities for the temporary detention and  
            treatment of individuals who meet the criteria for temporary  
            detention under Section 5150 of the Welfare and Institutions  
            Code (WIC). 


          4)Requires DPH to notify each health facility when the registry  
            is operational and, on and after the date that the registry is  
            operational, the health facility to submit notification that  
            an acute psychiatric bed has become available.


          5)Requires, prior to July 1, 2017, a health facility to  
            designate an employee to submit information for inclusion in  
            the registry and serve as the contact person to respond to  
            requests for information related to data reported to the  
            registry.


          EXISTING LAW:


          1)Defines "designated facility" or "facility designated by the  
            county for evaluation and treatment" as a facility that is  
            licensed or certified as a mental health treatment facility or  
            a hospital, as defined by DPH regulations, and may include,  
            but is not limited to, a licensed psychiatric hospital, a  
            licensed psychiatric health facility, and a certified crisis  
            stabilization unit.

          2)Provides for the involuntary commitment and treatment of  
            individuals with specified mental disorders and for the  
            protection of committed individuals, with the declared goal of  
            ending inappropriate, indefinite, and involuntary commitment  
            of mentally disordered persons, developmentally disabled  
            persons, and persons impaired by chronic alcoholism.

          3)Establishes the Lanterman-Petris Short Act (LPS Act), which  
            authorizes a person to be involuntarily detained for a period  








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            of up to 72 hours for assessment, evaluation, and crisis  
            intervention, when, as a result of a mental disorder, the  
            person is a danger to him or herself or to others, or is  
            "gravely disabled."  

          4)Defines "gravely disabled" to mean a condition in which a  
            person, as a result of a mental disorder, is unable to provide  
            for his or her basic personal needs for food, clothing, or  
            shelter.  

          5)Allows, under the LPS Act, a person who is gravely disabled to  
            be involuntarily detained for further inpatient mental health  
            treatment for an additional 14 days, as provided, which can be  
            extended for 14 days if the person presents an imminent threat  
            of taking his or her own life.

          6)Allows, under the LPS Act, a court to order an imminently  
            dangerous person to be confined for further inpatient  
            intensive health treatment for an additional 180 days, as  
            provided.  

          7)Requires, when determining if probable cause exists to take a  
            person into custody, or cause a person to be taken into  
            custody, pursuant to WIC Section 5150, any person who is  
            authorized to take that person into custody to consider  
            available relevant information about the historical course of  
            the person's mental disorder if the authorized person  
            determines that the information has a reasonable bearing on  
            the determination as to whether the person is a danger to  
            others, or to himself or herself, or is gravely disabled as a  
            result of the mental disorder.
          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.


          COMMENTS: 


          1)PURPOSE OF THIS BILL.  According to the author, mental  








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            illness, like many other health conditions, when treated early  
            and with appropriate supports and services can resolve in  
            recovery.  Although 16% of California adults live with a  
            mental illness, more than 60% do not receive treatment.  From  
            2004 to 2013, the number of hospital beds in the state  
            remained largely unchanged, while the number of acute  
            psychiatric beds decreased by 22%.  A web-based psychiatric  
            bed registry would improve mental health service access by  
            getting patients dealing with mental health crises to the  
            appropriate professionals more quickly and streamlining  
            communication and reduce patient waiting time.


          2)BACKGROUND.  





             a)   LPS Act.  The LPS Act, enacted in the 1960s, was  
               intended to balance the goals of maintaining the  
               constitutional right to personal liberty and choice in  
               mental health treatment, with the goal of safety when an  
               individual may be a danger to oneself or others or is  
               gravely disabled.  At the time of its enactment, the LPS  
               Act was considered progressive because it afforded the  
               mentally disordered more legal rights than most other  
               states.  Since its passage in 1967, the law in the field of  
               mental health has accorded greater legal rights for  
               mentally disordered persons.  WIC Section 5150 of the LPS  
               Act allows peace officers, staff-members of  
               county-designated evaluation facilities, or other  
               county-designated professional persons to take an  
               individual into custody and place that person in a facility  
               for 72-hour treatment and evaluation if they believe that,  
               due to a mental disorder, the individual is a danger to  
               himself, herself, or others, or is gravely disabled and  
               unable to provide for basic personal needs for food,  
               clothing, or shelter due to a mental disability.








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             b)   Designated vs. Non Designated Facilities. Individual  
               counties are responsible for determining whether general  
               acute care hospitals, psychiatric health facilities, acute  
               psychiatric hospitals and other licensed facilities qualify  
               to be designated facilities. Designated facilities are  
               health facilities that have been designated by a local  
               emergency medical services agency (LEMSA) to perform  
               specified emergency medical services systems functions  
               pursuant to guidelines established by the LEMSA.  The  
               Department of Health Care Services is responsible for the  
               approval of designated facilities as determined by the  
               counties.  While peace officers and other authorized  
               individuals are required to take an individual first to a  
               designated facility, if one does not exist individuals are  
               transported to a non-designated facility, which is also any  
               facility participating in Medicare that is therefore  
               required by federal Emergency Medical Treatment and Active  
               Labor Act (EMTALA) laws to provide medical services to any  
               individual who shows up requiring medical attention.





             c)   EMTALA.  Sometimes referred to as the "Patient  
               Anti-Dumping Law," EMTALA was passed to address the problem  
               of hospitals refusing to treat indigent, uninsured, or  
               Medicaid patients, or "dumping" these patients by  
               transferring them to county hospitals or other charity  
               hospitals.  Congress enacted EMTALA in 1986 which requires  
               anyone coming to an emergency department to be stabilized  
               and treated, regardless of their insurance status or  
               ability to pay.  Section 1867 of the Social Security Act  
               imposes specific obligations on Medicare-participating  
               hospitals that offer emergency services to provide a  
               medical screening examination when a request is made for  
               examination or treatment for an emergency medical  
               condition, including active labor, regardless of an  
               individual's ability to pay.  Hospitals are then required  








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               to provide stabilizing treatment for patients with an  
               emergency medical condition. If a hospital is unable to  
               stabilize a patient within its capability, or if the  
               patient requests, an appropriate transfer should be  
               implemented.  As an enforcement mechanism, EMTALA also  
               established a private right of action. 



             d)   Office of Statewide Health Planning and Development  
               (OSHPD) reporting requirements.  Under existing law, OSHPD  
               is the single state agency that collects specified health  
               facility or clinic data for use by all state agencies.  All  
               licensed acute care hospitals, including psychiatric health  
               facilities, are required to file with OSHPD certain  
               reports, including a Hospital Discharge Abstract Data  
               Record that includes 19 specified patient-based data  
               elements for each admission, including date of birth, sex,  
               admission date, discharge date, principal diagnosis, other  
               diagnoses, principal procedures, and disposition of the  
               patient.  In addition to this discharge report, hospitals  
               are required to file an Emergency Care Data Record for each  
               patient encounter in a hospital emergency department, and  
               hospitals and freestanding ambulatory surgery clinics are  
               required to file an Ambulatory Surgery Data Record for each  
               patient encounter during which at least one ambulatory  
               surgery procedure is performed.  For all three reports,  
               OSHPD is permitted to make additions or deletions to the  
               data elements required in these reports, as long as OSHPD  
               adds no more than a net of 15 elements to each data set  
               over any five-year period, and as long as OSHPD considers  
               the costs and benefits of data collection and other factors  
               prior to adding or deleting any data element.



             e)   Psychiatric Bed Shortages. According to a 2011 OSHPD  
               data analyzed by the California Hospital Association (CHA),  
               California has lost 44 psychiatric facilities from  








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               1995-2011, either through the elimination of psychiatric  
               inpatient care, or complete hospital closure, representing  
               a 24% drop.  This represents a loss of almost 32%, or  
               nearly 3000 beds compared to 1995. California's bed rate is  
               one bed for every 5,975 people, as of 2011, compared to the  
               nation's average of one bed for every 4,758 people.   
               Additionally, 26 of California's 58 counties have no  
               inpatient psychiatric services.



             f)   Virginia Registry.  A large number of states have some  
               sort of computerized tracking database in place for acute  
               psychiatric beds, with wide variation on the type of bed  
               tracked.  Alabama, Connecticut, and Texas track available  
               beds only in their state hospitals or state-run funded beds  
               while some states, like Massachusetts, track private acute  
               care beds.  However, all states that have comprehensive  
               databases rely on voluntary participation.  The exception  
               to this is the state of Virginia, which launched the  
               Virginia Acute Psychiatric and Community Services Board Bed  
               Registry, a mandatory web-based registry in March of 2014.   
               A January 2016 report published by the Virginia Office of  
               the State Inspector General (OSIG report) examined the  
               utility of the registry as a tool for emergency services  
               staff to facilitate the identification and designation of  
               facilities for the  temporary detention and treatment of  
               individuals including the registry's successes, challenges,  
               and efficiencies, and the impact of the current   
               registry-related operations on various health facilities  
               and stakeholders.  While the OSIG report found full  
               compliance with the mandates in statute, a survey of  
               registry users indicated that for 55% of respondents it was  
               taking more time to locate a willing facility than prior to  
               the implementation of the registry.  Respondents attributed  
               this in part to a lack of uniformity in updating the  
               registry whenever there was a change in bed availability  
               requiring emergency services staff to make additional calls  
               to facilities or programs to confirm bed availability.   








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               Additionally, 36% of respondents indicated that the  
               registry did not improve the time that it took to identify  
               an available bed, and only 9% reported that the amount of  
               time it took to identify an available bed decreased.  The  
               OSIG report states that the lack of regular updating of the  
               registry, in addition to requiring duplicative efforts by  
               staff, resulted in diverting limited staff time and  
               resources, preventing individuals from placement in an  
               appropriate bed in the most efficient manner, and  
               preventing emergency services staff from proceeding to  
               other emergencies. The OSIG report also noted the following  
               strengths of the registry:



               i)     The registry is a 24-hour centralized resource for  
                 emergency services staff to identify potential available  
                 beds for individuals in crisis who are in need of a bed;
               ii)    Registry queries can be tailored by region, security  
                 level, age, and gender;


               iii)   The majority of survey participants indicated that  
                 the registry was user friendly;


               iv)    Private acute psychiatric facilities reported that  
                 the bed registry is a valuable tool for obtaining a  
                 broader view of admitting facilities and that the bed  
                 registry enables them to actively conduct outreach with  
                 regional facilities when their census is low;


               v)     Residential crisis stabilization units reported that  
                 the bed registry is helpful when an individual receiving  
                 services in their programs needs a higher level of care;  
                 and,










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               vi)    State facilities reported that the registry has  
                 provided a greater understanding of the available private  
                 and state operated facilities both within their area and  
                 other regions.





          3)SUPPORT.  The California Psychiatric Association (CPA), a  
            cosponsor of this bill, state that California is one of 24  
            states that lack a statewide computerized tracking database,  
            or other electronic system for the tracking of available  
            psychiatric beds in community based hospitals.  CPA argues  
            that the need is critical because the loss of about 3,000  
            California psychiatric beds in the last two decades has made  
            open beds more difficult to find.  CPA states that the sooner  
            patients can get into inpatient care, the sooner they can  
            start being treated.  A bed registry is one tool that would  
            help identify open beds not otherwise readily identifiable.  
            Finding an available bed can be laborious and a hit and miss  
            proposition which may take an inordinate amount of time.  CPA  
            concludes that an online web interface would give contact  
            information for the facility admissions coordinator to ensure  
            that the right person is available to discuss bed availability  
            and an online, statewide bed registry would streamline the  
            process of identification and would serve to more timely  
            provide access to beds appropriate for individual patients. 



            The Steinberg Institute, also a cosponsor of the bill, and the  
            California Chapter of the American College of Emergency  
            Physicians (Cal/ACEP) write in support of the measure that  
            individuals often receive their first assessment for a  
            psychiatric crisis in the emergency department.  However, once  
            that individual is assessed and found to need a more  
            specialized level of psychiatric crisis care, the problem of  
            access arises.  Reports of individuals languishing in an  








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            emergency department for hours and even days have increased  
            across the state, all because there isn't a known available  
            crisis bed that meets their needs.  The Steinberg Institute  
            and Cal/ACEP note that this is especially concerning  
            considering that the number of hospital's acute psychiatric  
            beds decreased 22% from 2004 to 2013, while all other hospital  
            beds remained largely unchanged.  Additionally, there are  
            reports that open beds are not being accessed, because their  
            availability is not known to the emergency department.





            The California State Sheriffs' Association (CSSA) write in  
            support of the bill that law enforcement officers often  
            encounter persons in the community who present a danger to  
            themselves or others because of mental health disorders.   
            Unfortunately, appropriate bed space for such persons is not  
            always readily available, and finding that bed space can be  
            difficult.  CSSA states that with this measure, mental health  
            patients will be more likely to be placed in an appropriate  
            environment, while law enforcement and medical professionals  
            will not have to take unnecessary steps to search for  
            available beds.





            The California Council of Community Behavioral Health Agencies  
            and Association of Regional Center Agencies states in support  
            of the measure that the shortage of psychiatric beds and  
            crisis care facilities is far too great to allow any spaces to  
            remain empty and that this registry should help psychiatric  
            patients find care more quickly and efficiently, when time is  
            of the essence.










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          4)OPPOSITION.  CHA, states that an electronic bed registry would  
            do little to improve the availability or access to inpatient  
            beds for individuals in need of emergency inpatient  
            psychiatric care and would redirect critical staff within the  
            hospitals to administrative functions and away from patient  
            care.  CHA argues that "real-time" bed registries have been  
            tried in other states (both on a voluntary and mandated basis)  
            and they have proven to be very difficult to implement and  
            have not shown significantly improved efficiencies.  CHA  
            argues that the vast majority (70%) of individuals with  
            behavioral health conditions in emergency departments can  
            receive treatment and be referred for follow-up care in  
            outpatient, community-based treatment settings.  The remaining  
            30% require a higher level of care and may be referred to a  
            variety of specialized behavioral health treatment settings in  
            both inpatient and outpatient crisis settings.  CHA concludes  
            that an electronic registry would not remove the necessity for  
            professionals to call facilities with available beds to  
            ascertain appropriateness for the patient, the capability and  
            capacity of the facility, nor the need to work with the  
            individual and family to make treatment decisions.
            


            The Hospital Corporation of America, Redlands Community  
            Hospital, St. Joseph Hospital, and dozens of other individual  
            hospitals write in opposition to the measure, stating that  
            gaining admission to a hospital psychiatric bed is a dynamic  
            and patient-centric process and every hospital must make  
            individual patient admission decisions based on a number of  
            factors including:  patient capacity and the therapeutic  
            milieu; treatment capabilities; staffing; physical plant  
            layout; a patient's legal status; and, a hospital's licensure  
            and physician availability.  They also argue that a bed  
            registry cannot provide truly meaningful information to  
            providers, patients, or their families and that logistical  








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            complexities far outweigh the value of such a registry and  
            hospitals will be forced to divert resources away from patient  
            care and towards maintaining a registry that provides  
            meaningless information. 





          5)RELATED LEGISLATION.  AB 1300 (Ridley-Thomas) makes numerous  
            changes to the provisions regarding evaluation procedures,  
            terms and lengths of detention, and criteria for release and  
            transfer protocol related to the involuntary detention of  
            individuals.  AB 1300 is pending in the Senate Health  
            Committee.                    



          6)PREVIOUS LEGISLATION.  AB 1194 (Eggman), Chapter 570, Statutes  
            of 2015, requires, when an individual is determining if a  
            person is a danger as a result of a mental health disorder,  
            the individual to consider available relevant information  
            about the historical course of the person's mental disorder,  
            if the individual concludes that the information has a  
            reasonable bearing on the determination and specifies danger  
            is not limited to danger of imminent harm.



          7)POLICY COMMENTS
    

             a)   Registry operation. The measure requires, after the  
               registry is operational, a facility to immediately notify  
               the registry when a bed becomes available at a health  
               facility. While immediate notification would be necessary  
               for the registry to be up-to-date and therefore to be most  
               useful to health care professionals, requiring an immediate  
               entry by the sole employee designated to do so may be  








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               impractical. The author may want to consider an amendment  
               allowing an initial grace period for entering data into the  
               registry. Additionally the author may wish to consider an  
               amendment permitting more than one individual at any given  
               health facility to enter information into the database.


             b)   Reporting requirements. As discussed above, health care  
               facilities, including acute psychiatric facilities, already  
               have extensive patient-level reporting requirements as  
               required by OSHPD, which cannot add more than a net of 15  
               elements to each data set over any five-year period, and  
               must consider the costs and benefits of data collection and  
               other factors prior to adding or deleting any data element.  
               The author may wish to consider requiring a more thorough  
               evaluation of the costs and benefits of data collection and  
               necessary data elements prior to implementing a mandatory  
               web-based registry.


             c)   Training requirements. As the Virginia Study indicates,  
               a lack of uniformity in updating and use of the registry  
               may result duplicative efforts by staff,  diverting   
               limited staff time  and resources,  preventing  individuals  
                from  placement  in  an  appropriate  bed  in the  most   
               efficient manner,  and  preventing  emergency  services   
               staff  from  proceeding  to  other  emergencies. For these  
               reasons, the author may wish to consider training  
               requirements for both the designated employee entering the  
               data and any health care professionals permitted access to  
               search the database. 


             d)   Database access. As currently drafted the measure does  
               not indicate who can utilize the electronic registry to  
               identify available beds.  The author may wish to consider  
               an amendment clarifying which health care professionals  
               have access to search the database.









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             e)   Voluntary implementation. While mandatory participation  
               in the registry for health facilities would be an essential  
               component to ensuring the most up-to-date information is  
               available in the registry, immediate statewide  
               implementation may not be practical. The author may wish to  
               consider creating a voluntary or pilot registry system. 


          8)COMMITTEE AMENDMENTS.


             a)   Technical amendments:


                 Facility definition. The Committee recommends an  
                 amendment clarifying the type of facility expected to  
                 utilize the registry. 


                    (b) "Psychiatric health facility" means an acute  
                    psychiatric hospital as defined by subdivision (b) of  
                    Section 1250 and a licensed health facility that  
                    provides a program certified by the State Department  
                    of Health Care Services pursuant to Section 5909 of  
                    the Welfare and Institutions Code.


                    


             b)   Type of beds. Psychiatric facilities and beds vary  
               widely in order to treat different patient needs. The  
               Committee recommends amendments that add fields to the  
               registry that provide information differentiating the type  
               of bed, and the facility in which it is available,  
               including the following: the license type of the facility,  
               what type of treatment the facility provides, whether an  
               available bed is secure, and the type of diagnosis for  








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               which an available bed is appropriate.


                           The department shall include at least the  
                 following fields in the registry to enable each  
                 psychiatric health facility to report and update the  
                 following information:


                    (1)         The contact information for the  
                      psychiatric health facility's designated employee


                    (2)         The license type of the facility


                    (3)         Whether the facility provides substance  
                      abuse treatment.


                    (4)         Whether the facility provides medical  
                      treatment.


                    (5)         Whether the available bed is secure


                    (6)         The types of diagnoses for which the  
                      available bed is appropriate.


          















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          REGISTERED SUPPORT / OPPOSITION:




          Support


          The Steinberg Institute (cosponsor)


          California Psychiatric Association (cosponsor)


          Association of Regional Center Agencies
          California Chapter of the American College of Emergency  
          Physicians
          California State Sheriff's Association
          The California Council of Community Behavioral Health Agencies


          Opposition



          Adventist Health
          Alameda Health System and John George Psychiatric Hospital
          Alvarado Parkway Institute
          Antelope Valley Hospital
          Association of California Healthcare Districts
          Aurora San Diego Behavioral Health Care LLC.
          Bakersfield Behavioral Healthcare Hospital
          Banner Lassen Medical Center
          BHC Alhambra Hospital
          California Hospital Association
          Canyon Ridge Hospital
          Chinese Hospital
          College Hospital Costa Mesa








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          Community Medical Centers
          Corona Regional Medical Center
          Cottage Health of Goleta Valley, Santa Barbara, and Santa Ynez  
          Valley
          Delano Regional Medical Center
          Desert Valley Hospital
          Dignity Health
          El Camino Hospital
          El Centro Regional Medical Center
          Fairchild Medical Center
          Feather River Hospital
          Fremont Hospital
          Gateways Hospital and Mental Health Center
          Glendale Adventist Medical Center
          Hemet Valley Medical Center
          Hoag Hospital in Newport Beach 
          Hoag Hospital Irvine
          Jerold Phelps Community Hospital
          John Muir Health
          Kindred Hospitals
          KPC Health
          Lodi Memorial Hospital
          Loma Linda University Behavioral Medicine Center
          Loma Linda University Health
          Loma Linda University Medical Center
          Madera Community Hospital
          Mayers Memorial Hospital District
          Methodist Hospital of Southern California
          Mission Hospital and Mission Hospital Laguna Beach
          Monterey Park Hospital
          Motion Picture and Television Fund Hospital
          NorthBay Healthcare
          Oak Valley Hospital District
          Orchard Hospital
          Palmdale Regional Medical Center
          Palomar Health
          Petaluma Valley Hospital
          Pioneers Memorial Healthcare District
          Plumas District Hospital 








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          Providence Health & Services - Southern California
          Redlands Community Hospital
          Redwood Memorial Hospital Fortuna
          Ridgecrest Regional Hospital
          Riverside Community Hospital
          San Antonio Regional Hospital
          San Bernardino Mountains Community Hospital
          San Gorgonio Memorial Hospital
          San Jose Behavioral Health
          Santa Rosa memorial Hospital
          Scripps Health
          Seneca Healthcare District
          Sharp HealthCare
          Sierra View Medical Center
          Sonoma Valley Hospital
          Southern Mono Healthcare District dba Mammoth Hospital
          Southwest Healthcare System
          Southwest Healthcare System - Rancho Springs & Inland Valley  
          Medical Centers
          St. Helena Hospital
          St. Joseph Hospital
          St. Joseph Hospital Eureka
          St. Jude Medical Center in Fullerton
          St. Mary Medical Center in Apple Valley
          St. Rose Hospital
          Temecula Valley Hospital
          The Hospital Corporation of America
          Ukiah Valley Medical Center
          United Hospital Association
          Watsonville Community Hospital 
          




          Analysis Prepared by:Paula Villescaz / HEALTH / (916) 319-2097











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