Patient transfer: nonmedical reasons: notice to contact person or next of kin.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, as defined. Existing law prohibits the transfer of a person needing emergency services from one hospital to another for any nonmedical reason unless prescribed conditions are met. A knowing and intentional violation of those provisions is a crime. This bill would, in addition, require that, prior to a transfer of a patient for a nonmedical reason, the hospital ask the patient if there is a preferred contact person to be notified, and make a reasonable attempt to contact that person and alert him or her about the proposed transfer, and, if the patient is not able to respond, require that the hospital make a reasonable effort to ascertain the identity of the preferred contact person or the next of kin and alert him or her about the transfer. The bill would require that the hospital document any attempts to contact a preferred contact person or next of kin in the patient's medical record. Because a knowing and intentional 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.