Amended
IN
Assembly
April 13, 2023 |
Introduced by Assembly Member Haney |
February 15, 2023 |
(a)(1)“Behavioral health emergency condition” means a psychiatric emergency medical condition, as defined in paragraph (1) of subdivision (k) of Section 1317.1, or a cognitive, mental health, substance use, or stress-related crisis that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either of the following:
(A)An immediate danger or risk of danger to themselves or to others.
(B)Immediately unable to provide for, or utilize, food, shelter, or clothing, due to a cognitive, mental health, substance use, or stress-related condition.
(2)A behavioral health emergency condition does not require a psychological evaluation or a psychiatric or mental health diagnosis.
(3)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or medical personnel.
(b)(1)“Behavioral health emergency services” means services provided by a general acute care hospital for medical screening, examination, and evaluation by a physician and surgeon or, to the extent permitted by applicable law, by other appropriate licensed persons under the supervision of a physician and surgeon, to determine if a behavioral health emergency condition exists, and if it does, the care, treatment, and surgery, if within the scope of that person’s license,
necessary to relieve or eliminate the behavioral health emergency condition, within the capability of the facility.
(2)Behavioral health emergency services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely assess a patient’s condition or determine the need for response and intervention by behavioral health emergency services personnel to respond to a behavioral health emergency condition or for a possible inpatient admission to the hospital that has a behavioral health emergency condition.
(3)This subdivision does not expand, restrict, or otherwise affect the scope of licensure or clinical privileges for clinical psychologists or other medical personnel.
(c)“General acute care hospital” has the same meaning as defined in
subdivision (a) of Section 1250.
(6)Procedures to ensure timely transfers or admissions as required under subdivision (g).
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(i)A patient who requires behavioral health emergency services with an order by a provider for admission to a general acute care hospital or transfer to another health facility, as defined in Section 1250, shall not be provided care and treatment as a patient receiving observation services, as defined in subdivision (a) of Section 1253.7, or in an observation unit, as defined in subdivision (c) of Section 1253.7, for more than 24 hours.
(j)
(1)Each transfer of a behavioral health emergency services patient.
(2)Each admission of a behavioral health emergency services patient to an inpatient psychiatric unit of the hospital, if any.
(3)Each patient readmission within 30 days of being discharged or transferred after receiving behavioral health emergency services at the hospital.
(4)Each patient who received behavioral health emergency services in an observation unit or while receiving observation services.
(b)(1)All hospitals providing behavioral health emergency services shall file with the department quarterly reports on forms prescribed by the department that describe the aggregate number for each of the data listed in subdivision (a) and reasons for transfer, admission, readmission, or placement in an observation unit or receipt of observation services.
(2)The department shall post quarterly reports pursuant to this subdivision on the department’s publicly accessible internet website within five calendar days of receipt by the department.
(c)
(d)
(e)
(1)Number of inpatient psychiatric visits and number of hours of services provided.
(2)Number of behavioral health emergency service visits and number of hours of services provided.
(3)Number of observation service visits and the number of hours of services provided, including the number of behavioral health emergency service hours provided during observation service visits.
(4)Number of behavioral health emergency service inpatient admissions, including the number of behavioral health emergency service admissions to an inpatient psychiatric unit.
(5)Number of behavioral health emergency service readmissions within 30 days of discharge or transfer.