BILL ANALYSIS
AB 249
Page 1
GOVERNOR'S VETO
AB 249 (Carter)
As Amended May 5, 2009
2/3 vote
HEALTH 17-0 APPROPRIATIONS 15-0
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|Ayes:|Jones, Fletcher, Ammiano, |Ayes:|De Leon, Nielsen, |
| |Block, Carter, Conway, De | |Ammiano, |
| |La Torre, De | |Charles Calderon, Davis, |
| |Leon, Emmerson, Gaines, | |Duvall, Fuentes, Hall, |
| |Hall, Hayashi, Hernandez, | |Harkey, John A. Perez, |
| |Bonnie Lowenthal, Nava, | |Price, Skinner, Solorio, |
| |V. Manuel Perez, Salas | |Audra Strickland, |
| | | |Torlakson |
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|ASSEMBLY: |76-0 |(May 28, 2009) |SENATE: |38-0 |(August 24, |
| | | | | |2009) |
| | | | | | |
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SUMMARY : Imposes additional requirements for long-term care
health facilities (LTCFs) for the identification and tracking of
personal patient equipment and personal property.
Specifically, this bill adds the following to the written
patient personal property inventory already established in
existing law for LTCFs to require the:
1)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; and,
2)LTCF to assign and tag personal property without a unique
AB 249
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identification number at the request of the family or patient.
FISCAL EFFECT : The Assembly Appropriations Committee found no
direct costs to DPH to continue their oversight of LTCFs.
COMMENTS : While existing law already requires LTCFs to
institute a theft and loss program, according to the author,
there is a growing problem of medical equipment theft. The
author maintains that the victims - largely the elderly and
disabled - find that they cannot file a police report because
they cannot properly identify the equipment by serial number.
The author argues that LTCFs generally do not have a policy for
marking or otherwise identifying by owner a patient's vital
mobility, hearing, or breathing equipment. Failure to mark such
equipment, the author further argues, creates confusion for both
patients and staff because different patients often have similar
equipment, impeding law enforcement efforts to protect seniors.
According to DPH, its Licensing and Certification Division is
required to investigate consumer complaints about health care
facilities and incidents reported by facilities. Over the last
two calendar years (from January 1, 2007 to December 31, 2008)
DPH has received a total of 560 complaints or reported incidents
from LTCF's of "Misappropriation of Property", the allegation
category for incidents of theft and loss.
AARP, the American Federation of State, County and Municipal
Employees and the California Advocates for Nursing Home Reform
(CANHR) support this bill's intent to decrease the amount of
theft and loss within health facilities. AARP states that
nursing home residents need additional securities for their
personal property due to their frailty. CANHR states that loss
and theft of possessions remains one of the most common and
frustrating problems for nursing home residents and their
families.
The California Hospital Association (CHA) has concerns regarding
the requirements in this bill, noting that patients who spend
only a very few days in a LTCF do not require personal property
identification and that the proposed changes are overly
prescriptive and unnecessary.
AB 249
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GOVERNOR'S VETO MESSAGE :
"This bill is unnecessary and duplicative of requirements
already required for long-term care facilities."
Analysis Prepared by: Marjorie Swartz / HEALTH / (916)
319-2097
FN: 0003394