Bill Text: CA SB1152 | 2017-2018 | Regular Session | Introduced

California Senate Bill 1152 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Hospital patient discharge process: homeless patients.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-30 - Chaptered by Secretary of State. Chapter 981, Statutes of 2018. [SB1152 Detail]

Download: California-2017-SB1152-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1152

Introduced by Senator Hernandez

February 14, 2018

An act to amend Section 1262.4 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

SB 1152, as introduced, Hernandez. Hospital patient discharge process: homeless patients.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the licensure and regulation of health facilities. A violation of those provisions is a crime.

Existing law prohibits specified health facilities 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.

This bill would require those health facilities to include within the hospital discharge policy, a written homeless patient discharge planning policy and process, as specified. The bill would require the health facilities to develop a written plan for coordinating services and referrals for homeless patients including procedures for homeless patient discharge referrals, designated liaisons at each participating entity, and coordination protocols. Because violation of these requirements would be a crime, this bill would impose 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 Local Program: YES

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

SECTION 1.

Section 1262.4 of the Health and Safety Code is amended to read:

1262.4.

(a) No hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, may cause the transfer of homeless patients from one county to another county for the purpose of receiving supportive services from a social services agency, health care service provider, or nonprofit social services provider within the other county, without prior notification to, and authorization from, the social services agency, health care service provider, or nonprofit social services provider.

(b) (1) Each hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, shall include within its hospital discharge policy established pursuant to Section 1262.5, a written homeless patient discharge planning policy and process.
(2) The policy shall prohibit the discharge of a homeless patient to a location other than any of the following:
(A) To the patient’s residence. In the case of a homeless patient, “residence” for the purposes of this paragraph means the location identified to the hospital by the patient as his or her principal dwelling place.
(B) To another licensed health facility, as appropriate.
(C) To a social services agency, or a nonprofit social services provider, that has agreed, in writing, to accept the patient.
(D) An alternative destination as indicated, in writing, by the patient.
(3) The policy shall require that information regarding discharge or transfer shall be provided to the homeless patient in a culturally competent manner and in a language that is understood by the homeless patient.
(c) (1) As part of the homeless patient discharge planning process, the hospital shall ensure that all of the following conditions are met:
(A) The patient is properly hydrated at the time of discharge.
(B) The patient has received a meal within the two hours prior to discharge, unless medically indicated otherwise.
(C) The patient is clothed in weather-appropriate attire.
(D) The patient is permitted to remain in the facility for the time necessary to ensure that he or she is released during daytime hours or during hours where the receiving social services or other agency is open and available to receive the patient.
(E) The patient has a source of follow-up care, if medically necessary.
(F) The patient has been provided with an appropriate 30-day supply of all necessary medication.
(G) The patient has been provided with all necessary durable medical equipment.
(H) The patient is not discharged into inclement weather, without shelter.
(I) The patient has been offered screening for infectious disease common to the region.
(J) The patient has been offered appropriate vaccinations.
(K) The patient does not show signs of disorientation and is able to consent to discharge, or receives a psychiatric evaluation.
(L) The patient has been screened for, and provided assistance to enroll in, any affordable health insurance coverage for which he or she is eligible.
(2) Except as set forth in subparagraph (K) of paragraph (1), the patient may waive any of the conditions set forth in paragraph (1) upon the patient’s written request for discharge.
(d) As part of the homeless patient discharge planning policy and process, the hospital shall develop a written plan for coordinating services and referrals for homeless patients with the county behavioral health agency, health care and social services agencies in the region, health care providers, and nonprofit social services providers to assist with ensuring appropriate homeless patient discharge. The plan shall include procedures for homeless patient discharge referrals, designated liaisons at each participating entity, and coordination protocols.
~~(b)~~

(e) For purposes of this section, “homeless patient” means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or who is residing in a public or private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings.

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.