HomeMy WebLinkAboutMINUTES - 02141984 - 1.27 d
TO: BOARD OF SUPERVISORS �,( }
FROM: M. G. Wingett, County Administrator Cont
Costa
DATE: February 6, 1984 Cougy
SUBJECT: Legislation: SB 1340 (Mello) and AB 2258 (Davis)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support fDr SB 1340 and AB 2258.
BACKGROUND:
SB 1340 by Senator Mello and AB 2258 by Assemblyman Davis are identical bills which
generally increase the penalties for violation of various statutes relating to long-
term health care facilities. Specifically, SB 1340 and AB 2258 do the following:
1 . In addition to the existing maximum fine of $1 ,000 or 180 days in jail ,
or both, for violating certain licensure and other regulatory requirements
for health facilities, these bills would provide that conviction of willfully
or repeatedly violating these requirements may be punished by a fine of up
to $10,000 or 180 days in jail, or both.
2. Specify that any willful falsification or willful material omission in the
health care record for a patient in a long-term health care facility is a
Class "A" violation:
3. Increase the civil. penalty for a Class "A" violation from not less than
$1 ,000 and not more than $5,000 to not less than $1 ,000 and not more than
$10,000.
4. Increase the civil penalty for a Class "B" violation from not less than $50
and not more than $250 to not less than $100 and not more than $1 ,000.
5. Add as presumptions rebuttable only by clear and convincing evidence that
failure to enter the administration of medications, treatments, or other
care in the, health care record of a patient in a long-term health care
facility is presumed to mean that the medications, treatments, or care were
not provided and that entering into the health care record of a patient in
a long-term health care facility the administration of medications, treat-
ments, or care which in fact were not provided is presumed to have been done
with the knowledge that the entry was false..
To the extent that SB 1340 and AB 2258 give the State Department of Health Services
and the courts additional latitude to punish willful and repeat violators of long-term
health care facility licensing and other regulations and make convictions easier
when health care records are not maintained accurately, these bills are consistent
with current Board policy and, therefore, deserve the support of the Board of Supervisors.
CONTINUED ON ATTACHMENT: YES SIGNATURE: C. l— ��LL Z/11 (/e�f
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON February I APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT _ ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISOR ON THE DATE SHOWN.
Acting Health Services Director
CC: Legislative Del eoati on &, CSAC ATTESTED /
Chair, Assembly "Committee on Aging/Long Term Care J.R. OLSSON, cou Y CLERK
Health & Welfare Committee of Senate AND EX OFFICIO CLERK OF THE BOARD
Senator Mello; Assemblyman Davis 2S
M382/7-83
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BY , DEPUTY