BILL NUMBER: SB 145 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 23, 2015
INTRODUCED BY Senator Pan
JANUARY 27, 2015
An act to add Section 1262.3 100235
to the Health and Safety Code, relating to health
facilities. care.
LEGISLATIVE COUNSEL'S DIGEST
SB 145, as amended, Pan. Health facilities: patient
transporting. Robert F. Kennedy Farm Workers Medical
Plan.
Existing state law requires, for the 2015-16 fiscal year, the
State Department of Health Care Services to provide a grant to a
health benefit plan that is funded by contributions from agricultural
employers, as specified, upon an appropriation of funds for this
purpose. Under existing federal law, the Robert F. Kennedy Farm
Workers Medical Plan is a nonprofit voluntary employees beneficiary
association that provides payments for health care and other benefits
to its members.
This bill would require the department to annually reimburse the
Robert F. Kennedy Farm Workers Medical Plan up to $3,000,000 per year
for claim payments that exceed $70,000 made by the plan on behalf of
an eligible employee or dependent for a single episode of care on or
after September 1, 2016. The bill would require the department to
make the reimbursement payment within 60 days after it receives
specified claims data from the plan.
Existing law provides for the licensure and regulation of health
facilities by the State Department of Health Care Services. A
violation of these provisions is a crime.
Existing law requires each hospital to have in effect a written
discharge planning policy and process that requires appropriate
arrangements for posthospital care and a process that requires that
each patient be informed, orally or in writing, of the continuing
care requirements following discharge from the hospital, as
specified.
Existing law also prohibits a hospital from causing the transfer
of homeless patients from one county to another county for the
purpose of receiving supportive services from a social service
agency, health care service provider, or nonprofit social service
agency within the other county, without prior notice and
authorization, as specified.
This bill would prohibit a general acute care hospital, acute
psychiatric hospital, or special hospital from causing a patient who,
in the judgment of the attending physician or other licensed health
care professional, acting within the scope of his or her practice, is
at risk of serious injury or death as a result of clinical alcohol
intoxication, to be transported to another location except when the
patient is either medically stabilized or appropriately transferred
to another health facility pursuant to another provision of law. The
bill would authorize the department, if it determines that a hospital
has violated the requirements of the bill, to determine further that
the violation is an immediate jeopardy violation pursuant to
specified law and regulations, and to assess penalties accordingly.
By expanding the scope of an existing crime, this bill would
result in a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The Robert F. Kennedy Farm Workers Medical Plan is a joint
labor-management health plan for farm workers organized under Section
302(c)(5) of the federal Labor Management Relations Act of 1947.
(b) This plan has been in existence for more than 45 years and has
provided vital health services to farm workers and their families,
enabling them to lead healthier lives, make better use of their
available income, and achieve self-sufficiency.
(c) The plan has focused on primary and preventive care and has
significantly alleviated the burden on publicly funded health
resources in the plan's coverage areas.
(d) The plan has saved the state significant sums of money that
would have otherwise been expended to provide health care.
(e) The Legislature has determined that the plan is the most
efficient and least expensive means to deliver health care services
to farm workers and their families within the plan's coverage areas.
Thus, it is in the state's interest to expand the range of health
care services provided by the plan without threatening the plan's
financial viability.
SEC. 2. Section 100235 is added to the
Health and Safety Code , to read:
100235. (a) The department shall annually reimburse the Robert F.
Kennedy Farm Workers Medical Plan for claim payments that exceed
seventy thousand dollars ($70,000) made by the plan on behalf of an
eligible employee or dependent for a single episode of care on or
after September 1, 2016. This reimbursement shall not exceed three
million dollars ($3,000,000) per year.
(b) To seek reimbursement, commencing after September 1, 2017, and
annually thereafter, the plan shall submit to the department
completed data, verified by an independent certified public
accountant, for claims paid by the plan for services during the
preceding year from September 1 to August 31, inclusive.
(c) (1) If the department receives claims data from the plan
pursuant to subdivision (b), the department shall analyze that data
to determine the aggregate amount of claims that exceed seventy
thousand dollars ($70,000) paid by the plan on behalf of an eligible
employee or dependent for any separate episode of care.
(2) No later than 60 days after the department receives claims
data submitted by the plan, the department shall reimburse the plan
the amount determined pursuant to paragraph (1), up to the amount of
three million dollars ($3,000,000) per year.
SECTION 1. Section 1262.3 is added to the
Health and Safety Code, to read:
1262.3. (a) A general acute care hospital, acute psychiatric
hospital, or special hospital shall not cause a patient who, in the
judgment of the attending physician or other licensed health care
professional, acting within his or her scope of practice, is at risk
of serious injury or death as a result of clinical alcohol
intoxication, to be transported to another location, including, but
not limited to, police custody, a correctional facility, or a county
jail, except when the patient is medically stabilized, as defined in
subdivision (j) of Section 1317.1, or appropriately transferred to
another licensed health facility pursuant to another law.
(b) If the department determines that a hospital has violated
subdivision (a), the department may determine that the violation is
an immediate jeopardy violation pursuant to Section 1280.3 and
regulations promulgated thereunder, and may assess penalties
accordingly.
(c) Nothing in this section shall be construed to contradict any
other law related to workplace violence prevention, including, but
not limited to, workplace violence standards adopted by the
Occupational Safety and Health Standards Board.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.