Amended in Assembly April 2, 2014

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 begin delete Section end delete begin insert Sections end insert 120392.10 begin insert and 120393 end insert to the Health and Safety Code, relating to begin delete health facilities. end delete begin insert immunizations. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2069, as amended, Maienschein. begin delete Health facilities: end delete begin insert Immunizations: end insert influenza.

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Under

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begin insert (1) end insert begin insert   end insert begin insert Under end insert 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 entities 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 annually 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, beginning no later than October 1 and ending on the following April 1, pursuant to the standardized procedures of the hospital 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 chooses to offer influenza vaccinations to patients who are between 6 months and 64 years of age, inclusive, to inform each inpatient that he or she may be required to pay for the cost of the vaccination.

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(2) Under existing law, the State Department of Public Health administers various programs for the protection of public health. Existing law requires the department to submit a biennial report to the Legislature on the immunization status of young children in the state and the improvements made in ongoing methods of immunization outreach and education in communities where immunization levels are disproportionately low.

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This bill would require the department to annually post specified educational information regarding influenza disease and the availability of influenza vaccinations on the department’s Internet Web site prior to the annual influenza season, and also would authorize the department to use additional available resources to educate the public regarding influenza, including, among other things, public service announcements. The bill would also make legislative findings and declarations relating to the influenza virus.

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

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

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begin insert SECTION 1. end insert   

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begin insert The Legislature finds and declares all of the
following: end insert

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(a) Influenza, commonly known as the flu, is a serious virus that
can cause mild to severe illness, and at times can lead to death.
The best way to prevent influenza is by getting an influenza vaccine
each year.

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(b) Complications of influenza can include bacterial pneumonia,
ear infections, sinus infections, dehydration, and worsening of
chronic medical conditions, including congestive heart failure,
asthma, and diabetes.

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(c) Most experts believe that influenza viruses spread mainly
by droplets made when people with the flu cough, sneeze, or talk.
These droplets can land in the mouths or noses of people who are
nearby. Less often, a person might also get the flu by touching a
surface or object that has the influenza virus on it and then touch
their own mouth, eyes, or nose.

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(d) The federal Centers for Disease Control and Prevention
(CDC) recommends that everyone who is at least six months of
age or older should get an influenza vaccine. This recommendation
has been in place since February 24, 2010, when CDC’s Advisory
Committee on Immunization Practices (ACIP) voted for
“universal” influenza vaccination in the United States in order to
expand protection against the spread of the influenza virus to more
people.

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(e) The CDC estimates that the national and California seasonal
influenza rates for the 2012-13 influenza season of individuals
who are six months of age or older are 45 percent and 44.2
percent, respectively.

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(f) The public health implications related to influenza
vaccinations are important to the State of California because an
influenza vaccination can prevent a potentially deadly virus
infection and the costs associated with hospitalization can be
reduced.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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, 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, 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 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
educational information is provided. Nothing in this section shall
be construed to require a hospital to cover the cost of a vaccination
if a hospital chooses to offer the influenza vaccine to inpatients
who are between 6 months and 64 years of age, inclusive.

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

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begin insert SEC. 3. end insert   

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begin insert Section 120393 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 120393. end insert   

(a) The State Department of Public Health shall
annually post educational information regarding influenza disease
and the availability of influenza vaccinations on the department’s
Internet Web site prior to the annual influenza season. It is the
intent of the Legislature to increase the average number of
Californians who receive an influenza vaccination.

(b) The influenza information posted on the department’s
Internet Web site pursuant to subdivision (a) shall include, but not
be limited to, all of the following:

(1) The health benefits of an influenza vaccination.

(2) That the influenza vaccination may be a covered benefit for
those with health insurance coverage.

(3) That influenza vaccinations may be available for a minimal
fee to those individuals who do not have health insurance coverage.

(c) The department may use additional available resources to
educate the public about the information described in subdivision
(b), including public service announcements, media events, public
outreach to individuals and groups who are susceptible to
influenza, and any other preventive and wellness education efforts
recommended by public health officials.

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