BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 249|
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THIRD READING
Bill No: AB 249
Author: Carter (D), et al
Amended: 5/5/09 in Assembly
Vote: 21
SENATE HEALTH COMMITTEE : 10-0, 6/17/09
AYES: Alquist, Strickland, Aanestad, Cedillo, Cox,
DeSaulnier, Leno, Maldonado, Pavley, Wolk
NO VOTE RECORDED: Negrete McLeod
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/28/09 - See last page for vote
SUBJECT : Health facilities: marking patient devices
SOURCE : California Senior Legislature
DIGEST : This bill requires the patients 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.
ANALYSIS : Existing law:
1.States that 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.
CONTINUED
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2.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.
3.Requires a copy of the written inventory to be provided
to the resident or the person acting on the 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.
4.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.
5.Requires a copy of a current inventory to be made
available upon request to the resident, responsible
party, or other authorized representative.
6.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:
1.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.
2.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
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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.
Background
Existing 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
$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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/09)
California Senior Legislature (source)
AARP California
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
Contra Costa County Advisory Council on Aging
OPPOSITION : (Verified 6/29/09)
California Department of Public Health
Aging Services of California
ARGUMENTS IN SUPPORT : The California Senior Legislature
(CSL) and other senior advocacy groups, 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 : The Department of Public Health
(DPH) states 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,
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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
care.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
CTW:nl 6/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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