BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 57

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          GOVERNOR'S VETO
          AB 57 (Price)
          As Introduced December 5, 2008
          2/3 vote


           HEALTH    13-6                  HIGHER EDUCATION    6-3         

           
           ----------------------------------------------------------------- 
          |Ayes:|Jones, Ammiano, Block,    |Ayes:|Portantino, Block, Fong,  |
          |     |Carter,     De La Torre,  |     |Galgiani, Ma, Ruskin      |
          |     |De Leon, Hall, Hayashi,   |     |                          |
          |     |Hernandez, Bonnie         |     |                          |
          |     |Lowenthal, Nava, Hill,    |     |                          |
          |     |Salas                     |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Fletcher, Adams, Conway,  |Nays:|Conway, Cook, Huber       |
          |     |Emmerson, Gaines, Audra   |     |                          |
          |     |Strickland                |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 


           APPROPRIATIONS      10-5                                        

           
           -------------------------------- 
          |Ayes:|De Leon, Ammiano, Davis,  |
          |     |Fuentes, Hall,  John A.   |
          |     |Perez, Price, Skinner,    |
          |     |Solorio, Torlakson        |
          |     |                          |
          |-----+--------------------------|
          |Nays:|Nielsen, Duvall, Harkey,  |
          |     |Miller,                   |
          |     | Audra Strickland         |
          |     |                          |
           -------------------------------- 
           ----------------------------------------------------------------- 










                                                                  AB 57

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          |ASSEMBLY:  |48-31|(May 21, 2009)  |SENATE: |22-14|(September 1,  |
          |           |     |                |        |     |2009)          |
          |           |     |                |        |     |               |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Requires the Department of Public Health (DPH) to  
          establish a procedure for collecting and reviewing the written  
          staffing plans developed by University of California (UC)  
          hospitals.  Specifically,  this bill  :  

          1)Requires the collection and review procedure developed by DPH  
            to include all of the following:

             a)   Review of the reliability of the patient classification  
               system for validating staffing requirements;

             b)   Potential adjustments in the patient classification  
               system, as specified; and,

             c)   Staff input about the patient classification system, the  
               system's required revisions, and the overall staffing plan.

          2)Authorizes DPH to limit the time frame for collection of the  
            information to specific periods if necessary to reduce the  
            volume.

          3)Sunsets the provisions of this bill on July 1, 2013.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, fee-supported special fund cost of  
          approximately $10,000 to DPH to review staffing plans submitted  
          by the five UC medical centers.  Unknown, likely absorbable  
          staffing costs to UC to provide DPH with staffing reports and  
          evidence of patient classification methodologies. 

           COMMENTS  :  The sponsor of this bill, the American Federation of  
          State, County and Municipal Employees (AFSCME), writes that UC  
          hospitals comprise a crucial component of the state's health  
          care system and, as such, it is necessary to ensure that these  
          facilities maintain adequate staffing levels.  AFSCME believes  
          the expanded oversight and review provided by this bill will  










                                                                  AB 57

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          allow for appropriate monitoring of staffing levels and patient  
          care requirements at UC hospitals while safeguarding public  
          health.

          According to UC, the five medical centers they operate support  
          the clinical teaching programs of UC's medical and health  
          sciences schools and provide more than 138,000 inpatient  
          discharges, 261,000 emergency room visits and more than 3.6  
          million outpatient visits each year.  Collectively, these UC  
          medical centers comprise one of the largest health care systems  
          in California and one of the two largest Medi-Cal providers in  
          the state.  The UC health system operates Level I trauma centers  
          in four of its five regions.  A major provider to uninsured and  
          underinsured patients in Sacramento, San Diego, and Orange  
          Counties, the UC system also has relationships with more than  
          100 affiliated veterans, county, and community-based health  
          facilities throughout California.

          Current regulations require hospitals to meet established  
          nurse-to-patient ratios and to develop a written staffing plan  
          for registered nurses and other licensed and unlicensed  
          personnel that reflects patient care needs based on a patient  
          classification system.  Hospitals use various types of  
          non-nursing professional and technical staff to provide direct  
          patient care, including respiratory therapists, phlebotomists,  
          radiology technicians and similar specialists.  However,  
          according to DPH, hospitals may use non-nursing staff only if  
          they are authorized to provide those services.  DPH also  
          indicates that while it does not review procedures hospitals use  
          to determine non-nursing staffing levels, it would investigate  
          complaints related to hospital staffing, including use of  
          non-nurse personnel. If a patient suffered harm and  
          understaffing was determined to be a causative factor, DPH  
          states that it would issue a deficiency notice. 
           
          GOVERNOR'S VETO MESSAGE  :

          "I have vetoed similar bills in previous years.  The reasons for  
          my veto have not changed.  For this reason, I am unable to sign  
          this bill."











                                                                  AB 57

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           Analysis Prepared by:     Marjorie Swartz / HEALTH / (916)  
          319-2097 



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