Code Section Group

Health and Safety Code - HSC

DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850]

  ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. )

PART 1. GENERAL ADMINISTRATION [123100 - 123223]

  ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. )

CHAPTER 4. Written Materials For Patients [123222.1 - 123222.3]
  ( Chapter 4 added by Stats. 2002, Ch. 550, Sec. 2. )

123222.1.
  

(a)  Notwithstanding any other provision of law, any printed materials specified in subdivision (b), that are provided to a patient by an employee or authorized agent on behalf of a general acute care hospital, as defined in subdivision (a) of, a skilled nursing facility, as defined in subdivision (c) of, an intermediate care facility as defined in subdivision (d) of, a nursing facility, as defined in subdivision (k) of, Section 1250, or a residential care facility for the elderly, as defined in subdivision ( l) of Section 1569.2, shall be printed in at least a 12-point font that is clear and legible.

(b)  The section shall apply only to the following:

(1)  Admission and discharge papers and forms from general acute care hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.

(2)  Medical and therapeutic instructions prepared by the facility specifically for an individual upon his or her discharge from a general acute care hospital, a skilled nursing facility, an intermediate care facility, or a nursing facility.

(3)  Any contract for consent for hospitalization, or agreement to assume financial responsibility between a patient and any of the facilities specified in paragraph (1).

(4)  Instructions and forms for advance health care directives, as defined in Section 4605 of the Probate Code.

(5)  Information produced by the hospital or facility regarding the rights and responsibilities of patients or residents while receiving care at the hospital or facility, and regarding grievances and appeals, including forms and instructions.

(6)  Correspondence written, printed, or produced by any of the facilities specified in paragraph (1), or a residential care facility for the elderly.

(c)  Any entity described in paragraph (1) of subdivision (b), and any residential care facility for the elderly, may continue to use its supply of materials that exists on January 1, 2003, until that supply is exhausted or until January 1, 2006, whichever occurs first, and thereafter shall comply with the requirements of this section.

(d)  The hospital’s or facility’s policies and procedures are specifically excluded from the requirements of this section.

(Added by Stats. 2002, Ch. 550, Sec. 2. Effective January 1, 2003.)

123222.2.
  

(a)  (1)  Upon admission of a patient to a skilled nursing facility, as defined in subdivision (c) of, an intermediate care facility, as defined in subdivision (d) of, or a nursing facility, as defined in subdivision (k) of, Section 1250, the facility shall ask the patient if he or she would like the facility to provide the patient’s next of kin or agent under a durable power of attorney for health care with materials regarding patients’ rights and responsibilities. If the patient states that he or she would like these materials to be provided, the facility shall do so, in accordance with paragraph (2).

(2)  (A)  The materials provided by the facility pursuant to this subdivision shall include a comprehensive Patients’ Bill of Rights, as described in subdivision (d) of Section 1599.61. Until subdivision (d) of Section 1599.61 is fully implemented by the State Department of Health Services, the Patients’ Bill of Rights provided pursuant to this subdivision shall include all of the following:

(i)  The rights contained in Chapter 3.9 (commencing with Section 1599) of Division 2.

(ii)  The resident rights applicable to skilled nursing facilities, contained in Section 72527 of Title 22 of the California Code of Regulations.

(iii)  The resident rights applicable to intermediate care facilities, contained in Section 73523 of Title 22 of the California Code of Regulations.

(iv)  The resident rights applicable to long-term care facilities under Sections 483.10 to 483.25, inclusive, of Title 42 of the Code of Federal Regulations.

(B)  The facility may also provide written materials regarding the facility’s expectations of patients and patients’ responsibilities while the patient is receiving care at the facility. This paragraph shall not be construed to require the facility to create any additional written materials regarding the facility’s expectations of patients and patients’ responsibilities.

(b)  (1)  Upon admission of a patient to a general acute care hospital, as defined in subdivision (a) of Section 1250, the hospital shall ask the patient if he or she would like the hospital to provide the patient’s next of kin or agent under a durable power of attorney for health care with materials regarding patients’ rights and responsibilities. If the patient states that he or she would like these materials to be provided, the hospital shall do so, in accordance with paragraph (2).

(2)  (A)  The materials provided by the hospital pursuant to this subdivision shall include a comprehensive Patients’ Bill of Rights, including the regulatory patients’ rights for general acute care hospitals contained in Section 70707 of Title 22 of the California Code of Regulations, and the rights afforded to patients under Section 482.13 of Title 42 of the Code of Federal Regulations.

(B)  The hospital may also provide written materials regarding the hospital’s expectations of patients and patients’ responsibilities while the patient is receiving care at the hospital. This paragraph shall not be construed to require the hospital to create any additional written materials regarding the hospital’s expectations of patients and patients’ responsibilities.

(c)  Upon the request of the patient, or of the patient’s next of kin or agent under a durable power of attorney for health care, a representative of any facility or hospital providing patients’ rights information or other documentation described in this section shall explain the materials provided.

(d)  This section shall not be construed to require the disclosure of patient information that would otherwise be exempt from disclosure.

(Added by Stats. 2002, Ch. 550, Sec. 2. Effective January 1, 2003.)

123222.3.
  

(a) A health facility at which a mammography examination is performed shall, if a patient is categorized by the facility as having heterogeneously dense breasts or extremely dense breasts, based on the Breast Imaging Reporting and Data System established by the American College of Radiology, include in the summary of the written report that is sent to the patient, as required by federal law, the following notice:


Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer.

This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician.


(b) (1) This section shall not be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.

(2) This section shall not be deemed to require a notice that is inconsistent with the provisions of the federal Mammography Quality Standards Act (42 U.S.C. Sec. 263b) or any regulations promulgated pursuant to that act.

(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

(Amended by Stats. 2018, Ch. 332, Sec. 1. (SB 1034) Effective January 1, 2019. Repealed as of January 1, 2025, by its own provisions.)

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