BILL ANALYSIS Ó AB 2743 Page 1 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 AB 2743 Page 2 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 AB 2743 Page 3 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 AB 2743 Page 4 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. AB 2743 Page 5 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 AB 2743 Page 6 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 AB 2743 Page 7 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. AB 2743 Page 8 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, AB 2743 Page 9 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 AB 2743 Page 10 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. AB 2743 Page 11 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 AB 2743 Page 12 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 AB 2743 Page 13 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. AB 2743 Page 14 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 AB 2743 Page 15 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. AB 2743 Page 16 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 AB 2743 Page 17 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 AB 2743 Page 18 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 AB 2743 Page 19