Hospitals: self-identification procedure: human trafficking or domestic violence.

Existing law provides for the licensing, regulation, and inspection of various types of health facilities by the State Department of Public Health, including general acute care hospitals. Existing law imposes certain requirements on licensed general acute care hospitals, including, among others, maintaining a medical records system and complying with the standards for the examination and treatment of victims of sexual assault and attempted sexual assault, as specified. Existing law generally makes a violation of these provisions a misdemeanor. Existing law makes it a crime of human trafficking for a person to deprive or violate the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect or maintain any violation of specified crimes. Existing law sets forth provisions for the prevention of domestic violence, including procedures for the issuance of protective orders. This bill would require all general acute care hospitals with an emergency department to adopt and implement policies and procedures to facilitate the self-identification of an emergency department patient as a victim of human trafficking or domestic violence, as defined, to hospital personnel. The bill would require the policies and procedures to meet certain minimum requirements, including, among others, providing for patient confidentiality and facilitating a reasonably prompt, private, and voluntary interview of the patient by medical personnel, as defined, for the purpose of providing certain information to the patient relating to local services and resources for victims of human trafficking or domestic violence, if any. The bill would authorize general acute care hospitals subject to these provisions to track specified information related to the use of the self-identification procedure. The bill would limit the liability of a general acute care hospital, including its directors, officers, employees, medical staff, contracted health care providers, agents, and specified licensed persons, acting in compliance with provisions described above for any injuries or damages arising from, or related to, a patient who is offered or receives the information described above or who self-identifies, as specified, so long as the hospital has acted in good faith. By creating new requirements for certain health facilities, thereby expanding the scope of an existing 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.