Health care facilities: notification of next of kin., the official text

An act to add Section 1293.3 to the Health and Safety Code, and to amend Section 7600.5 of, and to add Section 7600.4 to, the Probate Code, relating to health care facilities.

LEGISLATIVE COUNSEL'S DIGEST

Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals and skilled nursing facilities, by the State Department of Public Health. A violation of these provisions is generally a crime.
Under existing law, if a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility is required to give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located, and if the person in charge fails to do so, the hospital or facility is liable for the cost of internment, as specified, and specified losses incurred by the estate or beneficiaries as a result of the failure to notify.
This bill would instead require the person in charge of a general acute care hospital or a skilled nursing facility to make a reasonable attempt to notify any known next of kin, as specified. The bill would state that this requirement is met if a skilled nursing facility notifies the person’s resident representative or has the body transferred to a hospital after death, or if the person notified the hospital or facility, prior to death and in writing, that they do not want their known next of kin to be notified of their presence or death. The bill would require, if a reasonable attempt is made or the person expressed a desire that next of kin not be notified, as specified, that the hospital or facility give notice to the public administrator as described above.
The bill would make a hospital or facility that fails to notify any known next of kin liable for a civil penalty of $200 per day, up to a maximum of $50,000, measured from the time it would take to make a reasonable attempt to notify the next of kin, as determined by the State Department of Public Health, until the actual knowledge by the next of kin of the decedent’s death. The bill would also make a hospital or facility that fails to notify the county public administrator, as specified, liable for a civil penalty of up to $200 per day, up to a maximum of $50,000, measured from the time it would take to provide notice to the county public administrator, as determined by the department, until the county public administrator is notified. The bill would authorize the department to assess the penalty after notice and an opportunity to be heard.

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

SECTION 1.
Section 1293.3 is added to the Health and Safety Code, to read:
1293.3.
(a) Notwithstanding any other provision of this chapter, a general acute care hospital, as defined in subdivision (a) of Section 1250, or a skilled nursing facility, as defined in subdivision (c) of Section 1250, that violates Section 7600.4 of the Probate Code by failing to make a reasonable attempt to notify any known next of kin shall be liable for a civil penalty in the amount of two hundred dollars ($200) for each day of the violation, up to fifty thousand dollars ($50,000), measured from the time it would take to make a reasonable attempt to notify the next of kin, as determined by the State Department of Public Health, until the actual knowledge by the next of kin of the decedent’s death.
(b) Notwithstanding any other provision of this chapter, a general acute care hospital, as defined in subdivision (a) of Section 1250, or a skilled nursing facility, as defined in subdivision (c) of Section 1250, that violates Section 7600.4 of the Probate Code by failing to notify the county public administrator shall be liable for a civil penalty in the amount of two hundred dollars ($200) for each day of the violation, up to fifty thousand dollars ($50,000), measured from the time it would take to provide notice to the county public administrator, as determined by the State Department of Public Health, until the county public administrator is notified.
(c) The State Department of Public Health may, after notice and an opportunity to be heard, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, assess the penalties described in subdivisions (a) and (b).
(d) This section does not preclude the application of any other existing civil remedies provided by law.

SEC. 2.
Section 7600.4 is added to the Probate Code, to read:
7600.4.
(a) (1) (A) If a person dies in a general acute care hospital or a skilled nursing facility, the person in charge of the hospital or facility or their designee shall make a reasonable attempt to notify any known next of kin that the person died in the hospital or facility.
(B) If the body of a person is transferred to a hospital after death, the person in charge of the hospital or their designee shall make a reasonable attempt to notify any known next of kin that the person’s body is being held by the hospital.
(2) The requirements of paragraph (1) may also be met by the hospital or facility in either of the following ways:
(A) The facility notifies the designated resident representative of the person who died in the facility or has their body transferred to a hospital after death.
(B) The hospital or facility is informed by the person, prior to death and in writing, that they do not want their known next of kin to be notified of their presence or death.
(b) If, after either a reasonable attempt described in paragraph (1) of subdivision (a), the person in charge of the hospital or facility or their designee cannot locate any next of kin, or the requirements of paragraph (2) of subdivision (a) are satisfied, the person in charge, or their designee, shall give notice within two business days of the fact that the person died in the hospital or facility or died and is being held by the hospital, to the public administrator of the county in which the hospital or facility is located. If the notice required by this section is not given, the hospital or facility is liable for both of the following:
(1) Any cost of interment incurred by the estate or the county as a result of the failure.
(2) Any loss to the estate or beneficiaries caused by loss, injury, waste, or misappropriation of property of the decedent as a result of the failure.
(c) If a hospital or facility is required to notify the county public administrator pursuant to subdivision (b), the hospital or facility shall provide the county public administrator with any identifying information they have available that may assist the county public administrator in identifying the decedent and their known next of kin, including, but not limited to, the decedent’s full legal name, social security number, driver’s license, or other identification, residence at the time of death or last known address, and any available contact information for known next of kin.
(d) For purposes of this section, the following definitions apply:
(1) “General acute care hospital” or “hospital” has the same meaning as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(2) “Known next of kin” means a relative of the person by blood, marriage, or registered domestic partnership, identified to the hospital or facility by the person or person’s representative, or identified by information contained in the person’s belongings.
(3) “Reasonable attempt” means a documented, good-faith effort by the hospital or facility to contact any known next of kin within 72 hours of a person’s death using any contact information available to the hospital or facility at the time, including, but not limited to, speaking to the next of kin via telephone or leaving a voicemail message and, if available, sending a text message or an email to the next of kin.
(4) “Resident representative” has the same meaning as used in subdivision (a) of Section 1599.15 of the Health and Safety Code.
(5) “Skilled nursing facility” or “facility” has the same meaning as defined in subdivision (c) of Section 1250 of the Health and Safety Code.

SEC. 3.
Section 7600.5 of the Probate Code is amended to read:
7600.5.
If a person dies in a hospital that is not a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, a convalescent hospital that is not a skilled nursing facility, as defined in subdivision (c) of Section 1250 of the Health and Safety Code, or a board and care facility without known next of kin, the person in charge of the hospital or facility shall give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located. If the notice required by this section is not given, the hospital or facility is liable for both of the following:
(a) Any cost of interment incurred by the estate or the county as a result of the failure.
(b) Any loss to the estate or beneficiaries caused by loss, injury, waste, or misappropriation of property of the decedent as a result of the failure.