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| 1 | + | Amended IN Assembly April 11, 2024 Amended IN Assembly April 01, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2899Introduced by Assembly Member GabrielFebruary 15, 2024An act to add Section 1276.45 to the Health and Safety Code, relating to health facilities.LEGISLATIVE COUNSEL'S DIGESTAB 2899, as amended, Gabriel. General acute care hospitals: licensed nurse-to-patient ratios.Under existing law, the State Department of Public Health adopted regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit within a general acute care hospital, among other health facilities. Existing regulations require licensed nurse-to-patient ratios to represent the maximum number of patients assigned to one licensed nurse at any one time, and define assigned to mean the licensed nurse has responsibility for the provision of care to a particular patient within their scope of practice.This bill would require the department, when transmitting to a general acute care hospital the action to be taken on a substantiated violation of the regulation establishing licensed nurse-to-patient ratios, to simultaneously transmit the same information to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.The bill would further require the department, if the action to be taken does not include a fine, to simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. The bill would require the statement to discuss, among other things, the investigatory steps taken by the department to investigate the claim of the violation, violation and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1276.45 is added to the Health and Safety Code, immediately following Section 1276.4, to read:1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 11, 2024 Amended IN Assembly April 01, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2899Introduced by Assembly Member GabrielFebruary 15, 2024An act to add Section 1276.45 to the Health and Safety Code, relating to health facilities.LEGISLATIVE COUNSEL'S DIGESTAB 2899, as amended, Gabriel. General acute care hospitals: licensed nurse-to-patient ratios.Under existing law, the State Department of Public Health adopted regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit within a general acute care hospital, among other health facilities. Existing regulations require licensed nurse-to-patient ratios to represent the maximum number of patients assigned to one licensed nurse at any one time, and define assigned to mean the licensed nurse has responsibility for the provision of care to a particular patient within their scope of practice.This bill would require the department, when transmitting to a general acute care hospital the action to be taken on a substantiated violation of the regulation establishing licensed nurse-to-patient ratios, to simultaneously transmit the same information to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.The bill would further require the department, if the action to be taken does not include a fine, to simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. The bill would require the statement to discuss, among other things, the investigatory steps taken by the department to investigate the claim of the violation, violation and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 11, 2024 Amended IN Assembly April 01, 2024 Amended IN Assembly March 11, 2024 | |
| 6 | 6 | ||
| 7 | - | Enrolled August 23, 2024 | |
| 8 | - | Passed IN Senate August 21, 2024 | |
| 9 | - | Passed IN Assembly May 22, 2024 | |
| 10 | 7 | Amended IN Assembly April 11, 2024 | |
| 11 | 8 | Amended IN Assembly April 01, 2024 | |
| 12 | 9 | Amended IN Assembly March 11, 2024 | |
| 13 | 10 | ||
| 14 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 15 | 12 | ||
| 16 | 13 | Assembly Bill | |
| 17 | 14 | ||
| 18 | 15 | No. 2899 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member GabrielFebruary 15, 2024 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Assembly Member Gabriel | |
| 23 | 20 | February 15, 2024 | |
| 24 | 21 | ||
| 25 | 22 | An act to add Section 1276.45 to the Health and Safety Code, relating to health facilities. | |
| 26 | 23 | ||
| 27 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | - | AB 2899, Gabriel. General acute care hospitals: licensed nurse-to-patient ratios. | |
| 28 | + | AB 2899, as amended, Gabriel. General acute care hospitals: licensed nurse-to-patient ratios. | |
| 32 | 29 | ||
| 33 | - | Under existing law, the State Department of Public Health adopted regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit within a general acute care hospital, among other health facilities. Existing regulations require licensed nurse-to-patient ratios to represent the maximum number of patients assigned to one licensed nurse at any one time, and define assigned to mean the licensed nurse has responsibility for the provision of care to a particular patient within their scope of practice.This bill would require the department, when transmitting to a general acute care hospital the action to be taken on a substantiated violation of the regulation establishing licensed nurse-to-patient ratios, to simultaneously transmit the same information to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.The bill would further require the department, if the action to be taken does not include a fine, to simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. The bill would require the statement to discuss, among other things, the investigatory steps taken by the department to investigate the claim of the violation and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 30 | + | Under existing law, the State Department of Public Health adopted regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit within a general acute care hospital, among other health facilities. Existing regulations require licensed nurse-to-patient ratios to represent the maximum number of patients assigned to one licensed nurse at any one time, and define assigned to mean the licensed nurse has responsibility for the provision of care to a particular patient within their scope of practice.This bill would require the department, when transmitting to a general acute care hospital the action to be taken on a substantiated violation of the regulation establishing licensed nurse-to-patient ratios, to simultaneously transmit the same information to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.The bill would further require the department, if the action to be taken does not include a fine, to simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. The bill would require the statement to discuss, among other things, the investigatory steps taken by the department to investigate the claim of the violation, violation and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 34 | 31 | ||
| 35 | 32 | Under existing law, the State Department of Public Health adopted regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit within a general acute care hospital, among other health facilities. Existing regulations require licensed nurse-to-patient ratios to represent the maximum number of patients assigned to one licensed nurse at any one time, and define assigned to mean the licensed nurse has responsibility for the provision of care to a particular patient within their scope of practice. | |
| 36 | 33 | ||
| 37 | 34 | This bill would require the department, when transmitting to a general acute care hospital the action to be taken on a substantiated violation of the regulation establishing licensed nurse-to-patient ratios, to simultaneously transmit the same information to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. | |
| 38 | 35 | ||
| 39 | - | The bill would further require the department, if the action to be taken does not include a fine, to simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. The bill would require the statement to discuss, among other things, the investigatory steps taken by the department to investigate the claim of the violation and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 36 | + | The bill would further require the department, if the action to be taken does not include a fine, to simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. The bill would require the statement to discuss, among other things, the investigatory steps taken by the department to investigate the claim of the violation, violation and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 40 | 37 | ||
| 41 | 38 | ## Digest Key | |
| 42 | 39 | ||
| 43 | 40 | ## Bill Text | |
| 44 | 41 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. Section 1276.45 is added to the Health and Safety Code, immediately following Section 1276.4, to read:1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 1276.45 is added to the Health and Safety Code, immediately following Section 1276.4, to read:1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 46 | 43 | ||
| 47 | 44 | The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | 46 | ## The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | - | SECTION 1. Section 1276.45 is added to the Health and Safety Code, immediately following Section 1276.4, to read:1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 48 | + | SECTION 1. Section 1276.45 is added to the Health and Safety Code, immediately following Section 1276.4, to read:1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. Section 1276.45 is added to the Health and Safety Code, immediately following Section 1276.4, to read: | |
| 54 | 51 | ||
| 55 | 52 | ### SECTION 1. | |
| 56 | 53 | ||
| 57 | - | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 54 | + | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 58 | 55 | ||
| 59 | - | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 56 | + | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 60 | 57 | ||
| 61 | - | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 58 | + | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any.(2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. | |
| 62 | 59 | ||
| 63 | 60 | ||
| 64 | 61 | ||
| 65 | 62 | 1276.45. (a) When the State Department of Public Health transmits to a general acute care hospital the action to be taken on a substantiated violation of Section 70217 of Title 22 of the California Code of Regulations or any successor regulation, the department shall simultaneously transmit the same information regarding the action to be taken, including, but not limited to, a corrective action plan, to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. | |
| 66 | 63 | ||
| 67 | 64 | (b) (1) If the action to be taken, as described in subdivision (a), does not include a fine, the department shall also simultaneously transmit a statement of the reasoning for not imposing a fine to the person who filed the claim of the violation and their collective bargaining agent or representative, if any. | |
| 68 | 65 | ||
| 69 | - | (2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine. | |
| 66 | + | (2) The statement of the reasoning shall discuss the manner in which the violation came to the attention of the department, the investigatory steps taken by the department to investigate the claim of the violation, the determinations made by the department regarding the claimed violation, and any mitigating evidence relied upon by the department to justify the decision not to impose a fine, and an analysis of the potential danger to patients posed by the violation. fine. |