Bill Text: CA AB844 | 2019-2020 | Regular Session | Amended
Bill Title: Health facilities: mandated hospital services and activities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB844 Detail]
Download: California-2019-AB844-Amended.html
Amended
IN
Assembly
March 05, 2019 |
Assembly Bill | No. 844 |
Introduced by Assembly Member Irwin |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides for the licensure and regulation of clinical laboratories and various clinical laboratory healthcare professionals by the State Department of Public Health. A violation of these provisions is a crime. Existing law requires a clinical laboratory license and the license or current renewal permit of each person performing tests to be conspicuously posted in the clinical laboratory.
This bill would further authorize those licenses or renewal permits to be stored in a file or maintained electronically, and would require them to be produced to the department upon request. By expanding the circumstances upon which a crime may
apply, the bill would impose a state-mandated local program.
Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. A violation of these provisions is a crime. Existing law prescribes standards of adequacy, safety, sanitation, staffing, and services that apply to health facilities, based on the type of health facility and the needs of the persons served by those facilities. Notwithstanding those provisions, existing law authorizes the department to review and approve, if appropriate, applications for program flexibility.
This bill would require a health facility that has been granted program flexibility to post a single notification immediately adjacent to the facility’s license, stating that program flexibility has been granted by the department and the location where each program flexibility request and approval may be viewed. By expanding the
circumstances upon which a crime may apply, the bill would impose a state-mandated local program.
Existing law requires a general acute care hospital to annually post on its internet website its updated policy with respect to the availability of language assistance services to the public. Existing law also requires the hospital to annually provide that updated policy to the department, and a description of its efforts to ensure adequate communication between patients with language or communication barriers. Existing law requires the department to further make those updated policies available on its internet website.
This bill would repeal the requirement that a hospital provide those updated policies to the department, and repeal the requirement that the department also post those policies on its internet website.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Part 7 (commencing with Section 1179.200) is added to Division 1 of the Health and Safety Code, to read:PART 7. Consumer Health Care Affordability Act Estimates of Legislation Proposing Mandated Hospital Services or Activities
1179.200.
(a) This act shall be known and may be cited as the Consumer Health Care Affordability Act.1179.202.
There is hereby established an independent, nonpartisan body whose purpose is to advise the Governor and the Legislature on the financial impact of proposed mandated hospital services and activities.1179.204.
(a) The chair of a policy or fiscal committee that will consider a bill proposing mandated specific hospital services or activities shall ensure that the bill is forwarded to the independent, nonpartisan body to estimate the financial impacts of the proposed mandate pursuant to this part. To ensure the independent, nonpartisan body has all the pertinent information, an author of a bill requiring hospitals to offer or provide a mandated service or activity that has not previously been required shall prepare detailed background information regarding the proposal.1179.206.
The independent, nonpartisan body shall provide an analysis to the appropriate policy and fiscal committees of the Legislature not later than 60 days after receiving a request made pursuant to Section 1179.204. In addition, the independent, nonpartisan body shall post an analysis on the internet.1179.208.
(a) In assessing and preparing a written analysis of the financial impact of a proposed mandated hospital service or activity pursuant to this part, the independent, nonpartisan body shall use individuals with appropriate knowledge and expertise to determine the estimated financial impact.The clinical laboratory license and the license or current renewal permit of each person performing tests in the laboratory shall be conspicuously posted in the clinical laboratory, stored in a file or files, or maintained electronically, and produced to the department upon request.
A health facility, as defined in Section 1250, that has been granted program flexibility pursuant to Section 1276, shall post a single notification immediately adjacent to the facility’s license, stating that program flexibility has been granted by the department and the location where each program flexibility request and approval may be viewed.
(a)(1)The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The Legislature further finds and declares that access to basic healthcare services is the right of every resident of the state, and that access to information regarding basic healthcare services is an essential element of that right.
(2)Therefore, it is the intent of the Legislature that when language or communication barriers exist between patients and the staff of any general acute care hospital, arrangements shall be made for interpreters or bilingual professional staff to ensure adequate and speedy communication between patients and staff.
(b)As used in this section:
(1)“Interpreter” means a person fluent in English and in the necessary second language, who can accurately speak, read, and readily interpret the necessary second language, or a person who can accurately sign and read sign language. Interpreters shall have the ability to translate the names of body parts and to describe competently symptoms and injuries in both languages. Interpreters may
include members of the medical or professional staff.
(2)“Language or communication barriers” means:
(A)With respect to spoken language, barriers that are experienced by individuals who are limited-English-speaking or non-English-speaking individuals who speak the same primary language and who comprise at least 5 percent of the population of the geographical area served by the hospital or of the actual patient population of the hospital. In cases of dispute, the State Department of Public Health shall determine, based on objective data, whether the 5 percent population standard applies to a given hospital.
(B)With respect to sign language, barriers that are experienced by individuals who are deaf and whose primary language is
sign language.
(c)To ensure access to healthcare information and services for limited-English-speaking or non-English-speaking residents and deaf residents, licensed general acute care hospitals shall:
(1)Review existing policies regarding interpreters for patients with limited-English proficiency and for patients who are deaf, including the availability of staff to act as interpreters.
(2)(A)Adopt and review annually a policy for providing language assistance services to patients with language or communication
barriers. The policy shall include procedures for providing, to the extent possible, as determined by the hospital, the use of an interpreter whenever a language or communication
barrier exists, except when the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall ensure, to the extent possible, as determined by the hospital, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day.
(B)The hospital shall, on or before July 1, 2016, and every January 1 thereafter, make the updated policy and a notice of availability of language assistance services available to the public on its internet website. The notice shall be in English and in the other languages most commonly spoken in the hospital’s service area. For
purposes of this paragraph, the hospital shall make the notice available in the language of individuals who meet the definition of having a language barrier pursuant to subparagraph (A) of paragraph (2) of subdivision
(b). However, a hospital is not required to make the notice available in more than five languages other than English.
(3)Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter, and the telephone numbers where complaints may be filed concerning interpreter service problems, including, but not limited to, a TDD number for the deaf or hard of hearing. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the entrance, and in outpatient areas. Notices shall inform patients that interpreter services are available upon request, shall list the languages for which interpreter services are available, shall instruct patients to direct complaints regarding interpreter services to the department, and
shall provide the local address and telephone number of the department, including, but not limited to, a TDD number for the deaf or hard of hearing.
(4)Identify and record a patient’s primary language and dialect on one or more of the following: patient medical chart, hospital bracelet, bedside notice, or nursing card.
(5)Prepare and maintain as needed a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area serviced who have the ability to translate the names of body parts, injuries, and symptoms.
(6)Notify employees of the hospital’s commitment to provide interpreters to all patients who request them.
(7)Review all standardized written forms, waivers, documents, and informational materials available to patients upon admission to determine which to translate into languages other than English.
(8)Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers.
(9)Consider developing community liaison groups to enable the hospital and the limited-English-speaking and deaf communities to ensure the adequacy of the interpreter services.
(d)Noncompliance with this section shall be reportable to licensing authorities.
(e)Section 1290 does not apply to this section.
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.