BILL NUMBER: AB 1382CHAPTERED BILL TEXT CHAPTER 599 FILED WITH SECRETARY OF STATE OCTOBER 5, 2013 APPROVED BY GOVERNOR OCTOBER 5, 2013 PASSED THE SENATE SEPTEMBER 3, 2013 PASSED THE ASSEMBLY APRIL 11, 2013 INTRODUCED BY Committee on Health (Pan (Chair), Logue (Vice Chair), Ammiano, Bonilla, Bonta, Roger Hernndez, Lowenthal, Mitchell, Nazarian, Wieckowski, and Wilk) FEBRUARY 27, 2013 An act to amend Sections 128735, 128736, and 128737 of the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGEST AB 1382, Committee on Health. Reporting. Existing law requires certain health facilities and freestanding ambulatory surgery clinics to file, with the Office of Statewide Health Planning and Development, specified reports containing various patient and health data information, including principal language spoken by the patient and the external cause of injury. This bill would require reporting of the preferred language spoken rather than the principal language spoken, and the external causes of morbidity rather than the external cause of injury. The bill would delete the requirement to report other external causes of injury, and would make other technical and conforming changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 128735 of the Health and Safety Code is amended to read: 128735. An organization that operates, conducts, owns, or maintains a health facility, and the officers thereof, shall make and file with the office, at the times as the office shall require, all of the following reports on forms specified by the office that shall be in accord, if applicable, with the systems of accounting and uniform reporting required by this part, except that the reports required pursuant to subdivision (g) shall be limited to hospitals: (a) A balance sheet detailing the assets, liabilities, and net worth of the health facility at the end of its fiscal year. (b) A statement of income, expenses, and operating surplus or deficit for the annual fiscal period, and a statement of ancillary utilization and patient census. (c) A statement detailing patient revenue by payer, including, but not limited to, Medicare, Medi-Cal, and other payers, and revenue center, except that hospitals authorized to report as a group pursuant to subdivision (d) of Section 128760 are not required to report revenue by revenue center. (d) A statement of cashflows, including, but not limited to, ongoing and new capital expenditures and depreciation. (e) A statement reporting the information required in subdivisions (a), (b), (c), and (d) for each separately licensed health facility operated, conducted, or maintained by the reporting organization, except those hospitals authorized to report as a group pursuant to subdivision (d) of Section 128760. (f) Data reporting requirements established by the office shall be consistent with national standards, as applicable. (g) A Hospital Discharge Abstract Data Record that includes all of the following: (1) Date of birth. (2) Sex. (3) Race. (4) ZIP Code. (5) Preferred language spoken. (6) Patient social security number, if it is contained in the patient's medical record. (7) Prehospital care and resuscitation, if any, including all of the following: (A) "Do not resuscitate" (DNR) order on admission. (B) "Do not resuscitate" (DNR) order after admission. (8) Admission date. (9) Source of admission. (10) Type of admission. (11) Discharge date. (12) Principal diagnosis and whether the condition was present on admission. (13) Other diagnoses and whether the conditions were present on admission. (14) External causes of morbidity and whether present on admission. (15) Principal procedure and date. (16) Other procedures and dates. (17) Total charges. (18) Disposition of patient. (19) Expected source of payment. (20) Elements added pursuant to Section 128738. (h) It is the intent of the Legislature that the patient's rights of confidentiality shall not be violated in any manner. Patient social security numbers and other data elements that the office believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (i) A person reporting data pursuant to this section shall not be liable for damages in an action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the office pursuant to the requirements of subdivision (g). (j) A hospital shall use coding from the International Classification of Diseases in reporting diagnoses and procedures. SEC. 2. Section 128736 of the Health and Safety Code is amended to read: 128736. (a) Each hospital shall file an Emergency Care Data Record for each patient encounter in a hospital emergency department. The Emergency Care Data Record shall include all of the following: (1) Date of birth. (2) Sex. (3) Race. (4) Ethnicity. (5) Preferred language spoken. (6) ZIP Code. (7) Patient social security number, if it is contained in the patient's medical record. (8) Service date. (9) Principal diagnosis. (10) Other diagnoses. (11) External causes of morbidity. (12) Principal procedure. (13) Other procedures. (14) Disposition of patient. (15) Expected source of payment. (16) Elements added pursuant to Section 128738. (b) It is the expressed intent of the Legislature that the patient's rights of confidentiality shall not be violated in any manner. Patient social security numbers and any other data elements that the office believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (c) No person reporting data pursuant to this section shall be liable for damages in any action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the office pursuant to the requirements of subdivision (a). (d) Data reporting requirements established by the office shall be consistent with national standards as applicable. (e) This section shall become operative on January 1, 2004. SEC. 3. Section 128737 of the Health and Safety Code is amended to read: 128737. (a) Each general acute care hospital and freestanding ambulatory surgery clinic shall file an Ambulatory Surgery Data Record for each patient encounter during which at least one ambulatory surgery procedure is performed. The Ambulatory Surgery Data Record shall include all of the following: (1) Date of birth. (2) Sex. (3) Race. (4) Ethnicity. (5) Preferred language spoken. (6) ZIP Code. (7) Patient social security number, if it is contained in the patient's medical record. (8) Service date. (9) Principal diagnosis. (10) Other diagnoses. (11) Principal procedure. (12) Other procedures. (13) External causes of morbidity. (14) Disposition of patient. (15) Expected source of payment. (16) Elements added pursuant to Section 128738. (b) It is the expressed intent of the Legislature that the patient' s rights of confidentiality shall not be violated in any manner. Patient social security numbers and any other data elements that the office believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (c) No person reporting data pursuant to this section shall be liable for damages in any action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the office pursuant to the requirements of subdivision (a). (d) Data reporting requirements established by the office shall be consistent with national standards as applicable. (e) This section shall become operative on January 1, 2004.