Health and care facilities: missing patients and participants.

Existing law provides for the licensure and regulation of the health facilities, as defined. Existing law requires certain types of health facilities, such as acute care hospitals and skilled nursing facilities, to 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, as specified. A person who violates the provisions governing health facilities is guilty of a misdemeanor, as specified. The Community Care Facilities Act provides for the licensure and regulation of community care facilities, as defined, including residential facilities and facilities that provide adult day programs. A person who violates the act is guilty of a misdemeanor. Existing law, the California Residential Care Facilities for the Elderly Act, requires the State Department of Social Services to license and regulate residential care facilities for the elderly, as defined. A person who violates the act is guilty of a misdemeanor. Existing law, the California Adult Day Health Care Act, provides for the licensure and regulation of adult day health care centers, as defined, by the State Department of Public Health. A person who negligently, repeatedly, or willfully violates the act is guilty of a misdemeanor. This bill would require specified health facilities, including various kinds of intermediate care facilities, congregate living health facilities, and skilled nursing facilities, community care facilities providing adult residential care or offering adult day programs, residential care facilities for the elderly, and adult day health care centers to develop and comply with an absentee notification plan for the purpose of addressing issues that arise when a patient, resident, or participant, as applicable, is missing from the facility. The bill would require the plan to include and be limited to a requirement that an administrator of the facility, or his or her designee, inform the patient's, resident's, or participant's authorized representative when that patient, resident, or participant is missing from the facility, except under specified circumstances, and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement. Because violations of these provisions would be misdemeanors, the 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.