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AB-714 Communicable disease reporting.(2021-2022)



Current Version: 03/11/21 - Amended Assembly Compare Versions information image


AB714:v98#DOCUMENT

Amended  IN  Assembly  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 714


Introduced by Assembly Member Maienschein

February 16, 2021


An act to amend Section 13100.1 1275.41 of the Health and Safety Code, relating to fire protection. health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 714, as amended, Maienschein. Fire protection: Office of the State Fire Marshal. Communicable disease reporting.
(1) Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and to specify the requirements for a health officer, as defined, to report each listed disease and condition. Existing law generally makes a violation of the reporting requirements pertaining to these listed diseases and conditions a crime. Existing law requires, in the event of a declared emergency related to a communicable disease, a skilled nursing facility to report communicable disease data to the State Department of Public Health, residents of the skilled nursing facility, and their representatives and family members, as specified, and makes a violation of this reporting requirement a crime. Existing law requires the department to post data relating to the total number of disease-related deaths and suspected disease-related deaths reported from skilled nursing facilities on its internet website on a weekly basis.
This bill instead would require a health facility, as defined to include a skilled nursing facility and other health or care facilities, to report communicable disease data to the department, patients or residents of the health facility, and their representatives and family members, as specified. By increasing the reporting duties on these health facilities, the bill would expand an existing crime, thereby imposing a state-mandated local program. The bill would require the department to post data relating to the total number of disease-related deaths and suspected disease-related deaths reported from these health facilities on its internet website on a weekly basis.
(2) 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.

Existing law creates the Office of the State Fire Marshal in the Department of Forestry and Fire Protection to foster, promote and develop ways and means of protecting life and property against fire and panic.

This bill would make a nonsubstantive change to this provision.

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

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


SECTION 1.

 Section 1275.41 of the Health and Safety Code is amended to read:

1275.41.
 (a) (1) In the event of a declared emergency related to a communicable disease, a skilled nursing facility, as defined in subdivision (c) of Section 1250, A health facility shall report communicable disease data in a format and schedule as required by the State Department of Public Health.
(2) The communicable disease data reported pursuant to this section shall include, but not be limited to, information about each disease-related death and suspected disease-related death, which shall be reported to the State Department of Public Health within 24 hours of the death.
(3) The State Department of Public Health shall make the total number of disease-related deaths and suspected disease-related deaths reported pursuant to this section and the location health facility at which they occurred, in a manner that protects patients’ medical privacy, the medical privacy of the patient or resident, available on its internet website on a weekly basis.
(b) During a declared emergency related to a communicable disease, a skilled nursing A health facility shall notify patients or residents and their representatives and family members about cases of the communicable disease in compliance with state and federal privacy laws, as instructed by the department.
(c) Notwithstanding any other law, the department may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter (AFL) or similar instruction.
(d) For purposes of this section only, “health facility” means the health facilities defined in subdivisions (c), (d), (e), (g), (h), (i), (k), (m), and (n) of Section 1250.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 13100.1 of the Health and Safety Code is amended to read:
13100.1.

The functions of the office shall be to foster, promote, and develop ways and means of protecting life and property against fire and panic.