BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K Alquist, Chair
BILL NO: AB 249
A
AUTHOR: Carter
B
AMENDED: May 5, 2009
HEARING DATE: June 17, 2009
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CONSULTANT:
4
Bain/
9
SUBJECT
Health facilities: marking patient devices
SUMMARY
Requires the patient's written personal property inventory
in long-term health care (LTC) facilities to include a
listing, by a unique identification number, of all
patient-owned mobility, hearing, or breathing equipment.
CHANGES TO EXISTING LAW
Existing law:
Under existing law, LTC facilities must have a theft and
loss program that includes a written patient personal
property inventory upon admission that is retained during
the resident's stay in the LTC facility. Existing law
requires the program to include the establishment of a
method of marking, to the extent feasible, personal
property items for identification purposes upon admission
and, as added to the property inventory list, including
engraving of dentures and tagging of other prosthetic
devices.
Existing law requires a copy of the written inventory to be
provided to the resident or the person acting on the
Continued---
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resident's behalf. Upon a written request, subsequent
items brought into or removed from the facility must be
added to or deleted from the personal property inventory by
the LTC facility.
Existing law prohibits a LTC facility from being liable for
items which have not been requested for inclusion in the
inventory, or for items which have been deleted from the
inventory. Existing law requires a copy of a current
inventory to be made available upon request to the
resident, responsible party, or other authorized
representative.
Existing law permits the resident, resident's family, or a
responsible party to list those items which are not subject
to addition or deletion from the inventory, such as
personal clothing or laundry items which are subject to
frequent removal from the facility.
This bill:
This bill requires, as part of the written patient personal
property inventory in LTC facilities, the inventory to
include a listing by a unique identification number, of all
patient-owned mobility, hearing, or breathing equipment,
including, but not limited to, canes, walkers, wheelchairs,
hearing aids, and oxygen equipment.
Additionally, this bill requires the LTC facility, at the
request of the resident, the resident's family, or another
responsible party, to assign a unique identification number
and place a tag with that number on the item if it would
not cause permanent damage to the item, if the equipment
does not have a serial number or other unique
identification number.
FISCAL IMPACT
According to the Assembly Appropriations Committee, no
direct fiscal impact to the California Department of Public
Health (DPH) to continue oversight of LTC facilities.
BACKGROUND AND DISCUSSION
According to the author, this bill is intended to address
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the growing problem of patient equipment theft and to
enlist the assistance of long-term care facilities in this
effort. The author states the victims - largely the
elderly and disabled - of this growing problem find that
they cannot file a police report because they cannot
properly identify the equipment by serial number. The
author argues that LTC facilities generally do not have a
policy for marking or otherwise identifying by owner a
patient's vital mobility, hearing, or breathing equipment
such as canes, walkers, hearing aids, and oxygen equipment.
Failure to mark such equipment, the author further argues,
creates confusion for both patients and staff because
different patients often have similar equipment, which
impedes law enforcement efforts to protect seniors.
Existing law and complaint data received by DPH
Current law requires that a theft and loss program
implemented by a LTC facility must include a written
patient personal property inventory, which is established
upon admission and is retained during the resident's stay
in the LTC facility. The policy must include the
establishment of a method of marking, to the extent
feasible, personal property items for identification
purposes upon admission and, as added to the property
inventory list, including engraving of dentures and tagging
of other prosthetic devices.
The facility's policy regarding theft and investigative
procedures must be posted, and all employees must receive
an orientation on the policies and procedures within 90
days of employment. Documentation of lost and stolen
patient property with a value of $25 or more and, upon
request, the documented theft and loss record for the past
12 months must be made available to the state, the county
health department, or law enforcement agencies and to the
office of the State Long-Term Care Ombudsman in response to
a specific complaint. The documentation must, at minimum,
include a description of the article, its estimated value,
the date and time the theft or loss was discovered (if
determinable), the date and time the loss or theft
occurred, and the action taken.
LTC facilities must report to the local law enforcement
agency within 36 hours when the facility administrator has
reason to believe patient property with a current value of
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$100 or more has been stolen. Copies of those reports for
the preceding 12 months must be made available to the state
and law enforcement agencies. LTC facilities must also
maintain a secured area for patients' property upon the
request of the patient or the patient's responsible party.
LTC facilities must provide a lock for the resident's
bedside drawer or cabinet upon the request of, and at the
expense of, the resident, the resident's family, or
authorized representative.
The Licensing and Certification Division of DPH responds to
complaints regarding theft. DPH indicates over the last
four calendar years (from January 1, 2005 to December 31,
2008) that it has received a total of 955 intakes
(including complaints and facility reported incidents) from
LTC facilities of "Misappropriation of Property," the
allegation category that captures incidents such as theft
and loss.
Argument in Support
This bill is sponsored by the California Senior Legislature
(CSL) and supported by senior advocacy groups, who argue
that its implementation will help patients recover their
medical equipment should it be stolen. CSL argues marking
patient-owned mobility, hearing, or breathing equipment
such as canes, walkers, wheelchairs, hearing aids, and
oxygen equipment will prevent unnecessary confusion for
staff and patients as patients often have similar
equipment, and unmarked equipment can be misplaced or
stolen, resulting in the patient being left without the
property they depend on for their comfort.
Arguments in Opposition
DPH writes in opposition that it currently reviews a LTC
facility's patient's personal property inventory during an
investigation of a complaint of lost or stolen property, or
any other time it is warranted. DPH indicates if it finds
that requiring a listing of all patient-owned mobility,
hearing, or breathing equipment, by unique identification
number is necessary, this requirement could be accomplished
administratively under its current statutory authorities.
Aging Services of California argues this bill micro-manages
existing facility property tracking systems and adds more
uncompensated tasks that are focused away from patient
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care.
PRIOR ACTIONS
Assembly Floor: 76-0
Appropriations: 15-0
Assembly Health: 17-0
POSITIONS
Support: California Senior Legislature (sponsor)
AARP California
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
Contra Costa County Advisory Council on Aging
Support (prior version):
Area Agency on Aging
American Federation of State, County and Municipal
Employees, AFL-CIO
Oppose: California Department of Public Health
Aging Services of California
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