BILL ANALYSIS Ó SB 145 Page 1 Date of Hearing: August 26, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 145 (Pan) - As Amended May 5, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|13 - 5 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |8 - 2 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill prohibits a hospital from transporting a patient who, in the judgment of the attending physician or other licensed health care professional, is at risk of serious injury or death SB 145 Page 2 as a result of clinical alcohol intoxication to any other location, including but not limited to police custody, a correctional facility, or a county jail, unless the patient is medically stable or appropriately transferred to another licensed health facility. It also allows the California Department of Public Health (CDPH) to determine if a violation of this bill constitutes an immediate jeopardy violation and if so, to assess penalties accordingly. FISCAL EFFECT: Minor and absorbable fiscal impact to CDPH, if any. COMMENTS: 1)Purpose. According to the author, certain hospitals are transporting patients, who are admitted to their ER for acute alcohol poisoning, to police departments and correctional facilities by calling 911. The author states this bill stops a practice that poses a risk to patient safety and preserves 911 calls for true emergencies. This bill is co-sponsored by Service Employees International Union - United Healthcare Workers West (SEIU-UHW), and United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP). 2)Background. Federal law, commonly known as EMTALA (Emergency Medical Treatment & Labor Act), requires hospitals participating in Medicare (nearly every hospital) to provide stabilizing treatment for individuals with emergency medical conditions regardless of an individual's ability to pay. Under this law, hospitals are barred from patient transfer if SB 145 Page 3 the person is medically unstable, unless the patient cannot be stabilized or the patient requests a transfer. CDPH is currently permitted to assess an administrative penalty against hospitals for immediate jeopardy violations. "Immediate jeopardy" is a situation in which the licensee's noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury or death to the patient. This bill does not appear to expand existing authority. 3)Oppostion. The California Hospital Association opposes this bill as unnecessary. The California Nurses Association also opposes, contending the alleged problems it addresses are unsubstantiated. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081