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
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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
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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
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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