AB 2598: Health care facilities: notification of next of kin.

Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals and skilled nursing facilities, by the State Department of Public Health. A violation of these provisions is generally a crime.

Under existing law, if a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility is required to give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located, and if the person in charge fails to do so, the hospital or facility is liable for the cost of internment, as specified, and specified losses incurred by the estate or beneficiaries as a result of the failure to notify.

This bill would instead require the licensee in charge of a general acute care hospital or a skilled nursing facility to make a reasonable attempt to notify any known next of kin, as specified. The bill would state that this requirement is met if a skilled nursing facility notifies the persons resident representative or has the body transferred to a hospital after death, or if the person notified the hospital or facility, prior to death and in writing, that they do not want their known next of kin to be notified of their presence or death. The bill would require, if a reasonable attempt is made or the person expressed a desire that next of kin not be notified, as specified, that the hospital or facility give notice to the public administrator as described above.

The bill would make a hospital or facility that fails to notify any known next of kin liable for a continuing civil penalty of $200 per day, up to a maximum of $50,000, measured from the time it would take to make a reasonable attempt to notify the next of kin until the actual knowledge by the next of kin of the decedents death. The bill would also make a hospital or facility that fails to notify the county public administrator, as specified, liable for a continuing civil penalty of up to $200 per day, up to a maximum of $50,000, measured from the 5th business day following a persons death until the county public administrator is notified. The bill would authorize a licensee that disputes the assessment of a civil penalty to, within 10 working days of the notification of the penalty, request a hearing pursuant to specified law.