Bill Text: CA AB774 | 2019-2020 | Regular Session | Amended

California Assembly Bill 774 (Prior Session Legislation)

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

Bill Title: Health facilities: reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB774 Detail]

Download: California-2019-AB774-Amended.html

Amended IN Assembly April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 774

Introduced by Assembly Member Reyes

February 19, 2019

An act to ~~amend~~ amend, repeal, and add Section 128736 of the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 774, as amended, Reyes. Health facilities: reporting.

Existing law requires hospitals to file an Emergency Care Data Record for each patient encounter in a hospital emergency department with the Office of Statewide Health Planning and Development. Existing law requires the record to contain specified patient and health data information, including the service date and the disposition of the patient.

This bill would additionally require the ~~report~~ report, until January 1, 2027, to include the time of registration ~~and, as applicable,~~ and the date and time of admission, transfer, ~~and~~ or discharge, as well as the location of the discharge ~~and transfer.~~ or transfer, including the name of the facility, if applicable.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 128736 of the Health and Safety Code is amended to read:

128736.

(a) Each hospital shall file an Emergency Care Data Record for each patient encounter in a hospital emergency department. The Emergency Care Data Record shall include all of the following:

(1) Date of birth.

(2) Sex.

(3) Race.

(4) Ethnicity.

(5) Preferred language spoken.

(6) ZIP Code.

(7) Patient social security number, if it is contained in the patient’s medical record.

(8) Service date and time of registration.

(9) Principal diagnosis.

(10) Other diagnoses.

(11) External causes of morbidity.

(12) Principal procedure.

(13) Other procedures.

(14) Disposition of patient, including ~~all of the following, as applicable:~~ the following:

(A) Date and time of ~~admission.~~ admission, date and time of transfer, or date and time of discharge.

~~(B)Date and time of transfer.~~
~~(C)Date and time of discharge.~~
~~(D)~~

(B) Location of ~~discharge.~~ discharge, including the name of the facility, if applicable.

~~(E)~~

(C) Location of ~~transfer.~~ transfer, including the name of the facility, if applicable.

(15) Expected source of payment.

(16) Elements added pursuant to Section 128738.

(b) It is the expressed intent of the Legislature that the patient’s rights of confidentiality shall not be violated in any manner. Patient social security numbers and any other data elements that the office believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(c) No person reporting data pursuant to this section shall be liable for damages in any action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the office pursuant to the requirements of subdivision (a).

(d) Data reporting requirements established by the office shall be consistent with national standards as applicable.

~~(e)This section shall become operative on January 1, 2004.~~
(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 2.

Section 128736 is added to the Health and Safety Code, to read:

128736.
(a) Each hospital shall file an Emergency Care Data Record for each patient encounter in a hospital emergency department. The Emergency Care Data Record shall include all of the following:
(1) Date of birth.
(2) Sex.
(3) Race.
(4) Ethnicity.
(5) Preferred language spoken.
(6) ZIP Code.
(7) Patient social security number, if it is contained in the patient’s medical record.
(8) Service date.
(9) Principal diagnosis.
(10) Other diagnoses.
(11) External causes of morbidity.
(12) Principal procedure.
(13) Other procedures.
(14) Disposition of patient.
(15) Expected source of payment.
(16) Elements added pursuant to Section 128738.
(b) It is the expressed intent of the Legislature that the patient’s rights of confidentiality shall not be violated in any manner. Patient social security numbers and any other data elements that the office believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(c) No person reporting data pursuant to this section shall be liable for damages in any action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the office pursuant to the requirements of subdivision (a).
(d) Data reporting requirements established by the office shall be consistent with national standards as applicable.
(e) This section shall become operative on January 1, 2027.