Bill Text: CA AB2644 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Skilled nursing facilities: deaths: reporting.

Spectrum: Bipartisan Bill

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 287, Statutes of 2020. [AB2644 Detail]

Download: California-2019-AB2644-Amended.html

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Amended  IN  Assembly  June 04, 2020

Amended  IN  Assembly  May 20, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2644

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Introduced by Assembly Member Wood

February 20, 2020

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An act to add Section 102777 to the Health and Safety Code, relating to skilled nursing facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2644, as amended, Wood. Skilled nursing facilities: deaths: reporting.

Existing law creates the State Department of Public Health and directs the State Public Health Officer to act as the State Registrar of Vital Statistics (State Registrar). Existing law requires the State Registrar to establish registration districts within the state for the purpose of registering births and deaths, and requires the department to enforce these provisions. Existing law requires every death to be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death and prior to any disposition of the human remains. A failure to furnish information or file a certificate under these provisions is a crime.

Existing law requires the county coroner to investigate, among others, all deaths known or suspected as due to contagious disease and constituting a public hazard. Existing law requires a funeral director, physician, or other person who has charge of a deceased person’s body, when death occurred as a result of those circumstances, to immediately notify the county coroner. A violation of those provisions is a crime.

In the event of a declared emergency related to a communicable disease, this bill would require a skilled nursing facility to report each suspected disease-related death to the county coroner State Department of Public Health within 24 hours of that death, and the county coroner to report that death to the State Registrar within 24 hours of receipt of that notification. death. The bill would require the State Department of Public Health to report certain information related to those deaths on its internet website on a weekly basis.

Because a failure to comply with certain of these provisions would be a crime, and by adding to the duties of the county coroner, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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: YES  

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Bill Text

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

SECTION 1.

 Section 102777 is added to the Health and Safety Code, to read:

102777.

 (a) In the event of a declared emergency related to a communicable disease, a skilled nursing facility, as defined in subdivision (c) of Section 1250, shall report each suspected disease-related death to the county coroner State Department of Public Health within 24 hours. The county coroner shall report the suspected disease-related death to the State Registrar, within 24 hours of being notified of the suspected disease-related death.

(b) The State Department of Public Health shall make the total number of suspected disease-related deaths reported pursuant to this section, and the location at which they occurred, in a manner that protects patients’ medical privacy, available on its internet website on a weekly basis.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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.