HomeMy WebLinkAboutMINUTES - 07211987 - 1.32 TO IOARD OF SUPERVISORS
FRCM: Phil Batchelor Cwtr
County Administrator
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DATE: July 20, 1987 ��a;)�/
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SUBJECT: `
Legislation: Assembly Bill 214 (Margolin)
SPECIFIC REQUEST S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in support of AB 214 by Assemblyman Margolin
which further regulates the treatement of hospital emergency room
patients and prohibits basing an emergency patient' s treatment .on
the patient' s race, ethnicity, religion, national origin,
citizenship, age, sex., preexisting medical condition, -physical or
mental handicap, insurance status, economic status, or ability to
pay for medical services, unless the circumstances are medically
significant . to the provision of appropriate medical care to the
individual.
BACKGROUND:
Much . has been discussed in the media over the last few months
about medically inappropriate transfers of emergency room
patients allegedly because the patient was unable to pay for
care. Assemblyman Margolin has introduced AB 214 in an effort. to
address this problem. AB 214 prohibits a hospital from basing an
emergency room patient' s treatment on a variety of criteria
including insurance status, economic status, or ability to pay
for medical care. AB 214 also proposes to regulate the transfer
of emergency room patients between hospitals. AB 214 prohibits
the transfer of a .patient who needs emergency services from one
hospital to another for any non-medical reason unless each of the
following conditions are met:
1 . The person is examined .and evaluated by a physician prior to
transfer.
2. The person has been provided with sufficient emergency
services and care that it can be determined that the
transfer will .not create a medical hazard to the person.
3 . - The transferring physician has notified and has obtained the
consent to the transfer_ by a physician at the receiving
hospital that the patient meets ,the hospital' s admission
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ,ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S 1 GNATURE I S 1: . 't'i� _
ACTION OF BOARD ON jU1y 21 1987
ACPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
Imo__- UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator Jul, 2 2
cc: ,Health Services Director ATTESTED _
Senator Daniel Boatwright PHIL BATCHELOR, CLERK OF THE .BOARD OF
Senator Nicholas Petri s SUPERVISORS AND COUNTY ADMINISTRATOR
Jackson/Barish & Associates
Assemblyman 'Burt Margolin GLVt3�
BY ,DEPUTY
M382/7-83 -
Page 2
3 . (continued)
criteria in that the hospital has the appropriate bed,
personnel and equipment necessary to treat the patient.
4 . That the transferring physician provides appropriate
personnel and equipment to effect the transfer.
5. All of the patient' s pertinent medical records and test
results accompany the patient.
6 . The records transferred with the patient include a
"Memorandum of Transfer" signed by the transferring
physician which contains relevant transfer information. AB
214 specifies what must be contained in the memorandum.
7 . The transfer conforms to transfer protocols established by
the State Department of Health Services.
AB 214 also makes compliance with transfer protocols a condition
of licensure of the hospital and provides for various penalties
for failure to comply with the provisions of the bill relating to
transfers of patients.
AB 214 goes a long way toward addressing the problem which Contra
Costa County and other county hospitals have had in the past few
years where patients have been allegedly transferred for
non-medical reasons, including lack of insurance and the
inability to pay for services rendered. AB 214 specifically
provides that the restrictions on transfers do not apply to
transfers made for medical reasons or at the request of the
patient. The bill only deals with the issue of transfers made
for non-medical reasons. Assemblyman Margolin has courageously
attempted to address a serious problem which has been the subject
of numerous investigations and lawsuits in recent months in this
County. The Health Services Director recommends that the Board
support AB 214 and this office concurs with that recommendation.
AB 214 passed the Assembly Health Committee March 17 by a vote of
13 :1. The bill passed the Assembly Ways and Means Committee June
24 by a vote of 13 :10 and the full Assembly June 25 by a vote of
48: 29.