Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2069

Introduced by Assembly Member Maienschein

February 20, 2014

An act to add Section 120392.10 to the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2069, as amended, Maienschein. Health facilities: influenza.

Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including general acute care hospitals.

Existing law requires a general acute care hospital, as defined, to offer, each year commencing with October 1 to the following April 1, inclusive, prior to discharge, immunizations for influenza and pneumoccal disease to inpatients, 65 years of age or older, based upon the adult immunization recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, and the recommendations of appropriate begin delete entitles end delete begin insert entities end insert for the prevention, detection, and control of influenza outbreaks in California general acute care hospitals, pursuant to the hospital’s standardized procedures and if the hospital has the vaccine in its possession.

This bill, in addition, would require each general acute care hospital to begin delete offer prior to discharge onsite vaccinations for influenza to inpatients who are children 6 months to 59 months of age and persons 50 years to 64 years of age, end delete annually begin delete , end delete begin insert provide, prior to discharge, educational information regarding influenza disease and the availability of a vaccine to protect against the influenza virus to persons who are between 6 months and 64 years of age, inclusive, end insert beginning no later than October 1 and ending on the following April 1, begin delete except when there is a state vaccine shortage or when a physician does not recommend that the patient receive an influenza vaccine due to potential health hazards, end delete pursuant to the standardized procedures of the hospital begin delete , if it has the vaccine in its possession, end delete and in accordance with the recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention of the United States Department of Health and Human Services, as specified. This bill would also require a general acute care hospital that begin delete offers vaccinations pursuant to the above-described provision to end delete begin insert chooses to offer influenza vaccinations to patients who are between 6 months and 64 years of age, inclusive, to end insert inform each inpatient that he or she may be required to pay for the cost of the vaccination.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 120392.10 is added to the Health and
Safety Code, immediately following Section 120392.9, to read:

120392.10.  

(a) Pursuant to its standardized procedures begin delete and if
it has the vaccine in its possession end delete , each general acute care hospital,
as defined in subdivision (a) of Section 1250, shall annually,
beginning no later than October 1 and ending on the following
April 1, begin delete except when there is a state vaccine shortage or when a
physician does not recommend that the patient receive an influenza
vaccine due to potential health hazards, offer prior to discharge
onsite vaccinations for influenza to inpatients who are children six
months to 59 months of age and persons 50 years to 64 years of
age, end delete begin insert provide, prior to discharge, educational information regarding
influenza disease and the availability of a vaccine to protect against
the influenza virus to persons who are between 6 months and 64
years of age, inclusive. The educational information provided shall
be end insert in accordance with the recommendations of the Advisory
Committee on Immunization Practices of the federal Centers for
Disease Control and Prevention of the United States Department
of Health and Human Services, and the recommendations of
appropriate entities for the prevention, detection, and control of
influenza outbreaks in California general acute care hospitals as
the recommendations exist and are annually updated, if applicable,
on January 1 of the year in which the begin delete vaccine is offered end delete begin insert educational
information is provided end insert . Nothing in this section shall be construed
to require a hospital to cover the cost of a vaccination begin delete provided
pursuant to this section end delete begin insert if a hospital chooses to offer the influenza
vaccine to inpatients who are between 6 months and 64 years of
age, inclusive end insert .

(b) A general acute care hospital that begin delete offers vaccinations
pursuant to subdivision (a) end delete begin insert chooses to offer influenza vaccinations
to patients who are between 6 months and 64 years of age,
inclusive, end insert shall inform each inpatient that he or she may be required
to pay for the cost of the vaccination.