Bill Text: CA AB3161 | 2023-2024 | Regular Session | Amended
Bill Title: Health and care facilities: patient safety and antidiscrimination.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2). Re-referred to Com. on APPR. [AB3161 Detail]
Download: California-2023-AB3161-Amended.html
Amended
IN
Assembly
May 16, 2024 |
Amended
IN
Assembly
April 01, 2024 |
Introduced by Assembly Member Bonta (Coauthor: Assembly Member Jackson) |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law requires the department to prepare a staffing and systems analysis to ensure efficient and effective utilization of fees
collected, proper allocation of departmental resources to licensing and certification activities, survey schedules, complaint investigations, enforcement and appeal activities, data collection and dissemination, surveyor training, and policy development. Existing law requires the analysis be made available to interested persons and include specified information.
This bill would require the department, in preparing this report, to include demographic data from adverse events reported by health facilities and include the demographic data collected from complaints submitted, as specified.
(3)
(4)
(5)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1279.1 of the Health and Safety Code is amended to read:1279.1.
(a) (1) A health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 shall report an adverse event to the department no later than five days after the adverse event has been detected, or, if that event is an ongoing urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors, not later than 24 hours after the adverse event has been detected. Disclosure of individually identifiable patient information shall be consistent with applicable law.SEC. 2.
Section 1279.25 is added to the Health and Safety Code, to read:1279.25.
(a) The department shall include a section on the “Complaint Against a Health Care Facility/Provider” form on the department’s internet website and provide means for complaints submitted via mail, fax, or by telephone, for complaints involving a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250, or subdivision (a) of Section 1250.3, to collect the following information about the affected patient:SEC. 3.
Section 1279.3 of the Health and Safety Code is amended to read:1279.3.
(a) By January 1, 2015, and until January 1, 2026, the department shall provide information regarding reports of substantiated adverse events pursuant to Section 1279.1 and the outcomes of inspections and investigations conducted pursuant to Section 1279.1, on the department’s internet website and in written form in a manner that is readily accessible to consumers in all parts of California, and that protects patient confidentiality.(b)The department shall also compile and make available, to entities deemed appropriate by the department, data regarding these
reports of substantiated adverse events pursuant to Section 1279.1 and outcomes of inspections and investigations conducted pursuant to Section 1279.1, including demographic information pursuant to paragraph (2) of subdivision (a) of Section 1279.1.
Entities deemed appropriate by the department shall enter into a memorandum of understanding with the department that requires the inclusion of all data and all hospital information provided by the department. These entities may include universities, consumer organizations, or health care quality organizations.
(c)The department shall, upon request, compile and make available to the Department of Civil Rights and Department of Justice data regarding reports of substantiated adverse events pursuant to Section 1279.1 and the outcomes of inspections and investigations conducted pursuant to a report of an adverse event reported pursuant to Section
1279.1.
(d)
SEC. 4.
Section 1279.6 of the Health and Safety Code is amended to read:1279.6.
(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facility’s various health care professionals.In preparing the staffing and systems analysis required pursuant to Section 1266, the department shall report demographic data from adverse events reported by health facilities pursuant to paragraph (2) of subdivision (a) of Section 1279.1. The department shall also report demographic data collected from complaints submitted pursuant to subdivision (a) of Section 1279.25 and subdivision (e) of Section 1419.
The department shall develop an outreach program to provide patients, consumers, and members of the public all of the following information:
(a)The availability of the complaint process and how to submit a complaint regarding a health facility licensed by the department, including identification of, and contact information for, the district offices.
(b)How to file a discrimination complaint with the United States Department of Health and Human Services Office of Civil Rights and the Department of Civil Rights if there is a concern of discrimination on the basis of race, color, religion, ancestry, national origin,
disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, citizenship, primary language, or immigration status as set forth in Section 51 of the Civil Code.