Bill Text: CA SB687 | 2009-2010 | Regular Session | Amended

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Bill Title: Long-term health care facilities: health-care-associated

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB687 Detail]

Download: California-2009-SB687-Amended.html

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BILL NUMBER: SB 687	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senator Alquist

                        FEBRUARY 27, 2009

   An act to add Section 1418.65 to the Health and Safety Code,
relating to long-term health care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 687, as amended, Alquist. Long-term health care facilities:
health-care-associated infection.
   Existing law provides for the licensure and regulation by the
State Department of Public Health of health care facilities,
including long-term health care facilities. Existing law, the
Long-Term Care, Health Safety, and Security Act of 1973, imposes
various requirements on long-term health care facilities. Violation
of these provisions is a crime.
   This bill would prohibit a long-term health care facility from
refusing to place a patient based on the fact that the patient has
been diagnosed with a health-care-associated infection, or tested
positive for the presence of an organism. The bill would require a
long-term health care facility to take specified measures for a
patient diagnosed with a health-care-associated infection. This bill
would also require a long-term health care facility to maintain a
record of health-care-associated infections, and would require
facility staff to receive education and training regarding the
control of health-care-associated infections, as specified. By
creating new crimes, 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1418.65 is added to the Health and Safety Code,
to read:
   1418.65.  (a)  No   Consistent with state
laws in effect on January 1, 2010, that regulate the terms of
readmission of residents to long-term health care facilities after
hospitalization, no  person shall be refused placement in a
long-term health care facility based on the diagnosis of a
health-care-associated infection or a positive test for the presence
of an organism.
   (b) A long-term health care facility shall implement appropriate
infection control measures for a patient diagnosed with an infection.

   (c) A long-term health care facility shall maintain a record of
infections, including, at a minimum, the name of each resident with
an infection, the date of infection, the causative agent of the
infection, if known, and the origin or site of infection. This record
shall be available for inspection by the State Department of Public
Health and the local health officer.
   (d) Facility staff shall receive appropriate education and
training regarding the control of health-care-associated infections
annually, and more frequently, as needed.
  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.