SECTIONS 120392-120392.9 - California Statutes

HEALTH AND SAFETY CODE

SECTION 120392-120392.9

120392. For purposes of this chapter, the following definitions
apply:
(a) "Health care facility" means a skilled nursing facility as
defined in subdivision (c) of Section 1250, an intermediate care
facility as defined in subdivision (d) of Section 1250, or a nursing
facility as defined in subdivision (k) of Section 1250. This chapter
shall not apply to hospital-based skilled nursing facilities.
(b) "Medically contraindicated" means that the administration of
the influenza or pneumococcal vaccines to a person, because of a
medical condition of that person, would be detrimental to the person'
s health if the person receives either or both of the vaccines.

120392.2. (a) Each year, commencing October 1 to the following
April 1, inclusive, every health care facility, as defined in
subdivision (a) of Section 120392, shall offer, pursuant to Section
120392.4, immunizations for influenza and pneumococcal disease to
residents, aged 65 years or older, receiving services at the
facility, based upon the latest recommendations of the Advisory
Committee on Immunization Practices (ACIP) of the Centers for Disease
Control and Prevention, and the latest recommendations of
appropriate entities for the prevention, detection, and control of
influenza outbreaks in California long-term care facilities.
(b) Each health care facility, as defined in subdivision (a) of
Section 120392, shall offer, pursuant to Section 120392.4,
pneumococcal vaccine to all new admittees to the health care
facility, based on the latest recommendations of the ACIP.
(c) The facility shall be reimbursed the standard Medi-Cal rate
for an immunization provided to a Medi-Cal recipient, unless he or
she is also a Medicare recipient whose coverage includes
reimbursement for the immunization.

120392.4. (a) A resident who receives services at a health care
facility during the period of October 1 to April 1 shall have his or
her status for influenza and pneumococcal immunization determined by
his or her physician or facility medical director, and, if
appropriate, the facility shall offer to make the immunizations
available, unless the facility, through written policies and
procedures and using standardized nursing procedures, offers to make
the immunizations available without limitation as to the period when
the residents receive services at the facility.
(b) A health care facility shall obtain from a resident who
requests immunization services, or, if the person lacks the capacity
to make medical decisions, from the person legally authorized to make
medical decisions on the resident's behalf, informed consent for the
resident to be immunized by vaccination against influenza or
pneumococcal disease, or both, to be conducted by the facility while
the resident is receiving services at the facility.
(c) A health care facility shall comply with Section 1418.8 with
respect to a resident who lacks the capacity to make health care
decisions, and there is no person with legal authority to make these
decisions on behalf of the resident.
(d) The health care facility shall document in a resident's
medical record whether the resident has been offered the influenza
vaccine or the pneumococcal vaccine.

120392.6. No person who has been offered the vaccine as required
under this chapter may receive either an influenza vaccine or
pneumococcal vaccine pursuant to this chapter if any of the following
conditions exists:
(a) The vaccine is medically contraindicated, as described in the
product labeling approved by the federal Food and Drug Administration
or by the recommendations established by the Advisory Committee on
Immunization Practice (ACIP) of the Centers for Disease Control and
Prevention that are in effect at the time of vaccination.
(b) Receipt of the vaccine is against the resident's personal
beliefs.
(c) Receipt of the vaccine is against the resident's wishes, or,
if the person lacks the capacity to make medical decisions, is
against the wishes of the person legally authorized to make medical
decisions on the resident's behalf.

120392.8. (a) Notwithstanding any other provision of this chapter,
a health care facility shall not be required to offer immunizations
for influenza and pneumococcal disease under either of the following
circumstances:
(1) The facility is unable to obtain the vaccine due to a shortage
of the supply of vaccine.
(2) The resident refuses to pay for the vaccine and there is no
other funding source available to pay for the cost of the vaccine.
(b) If a health care facility, as defined in subdivision (a) of
Section 120392, fails to offer an immunization pursuant to this
chapter due to lack of availability of vaccine, a physician's refusal
to assess the resident or cooperate with the recommendations of the
provisions of this chapter, or lack of resident cooperation, the
failure shall not be the basis for issuing a deficiency or citation
against the facility's license.
(c) This chapter is intended to encourage immunizations for
residents in health care facilities, and the department shall
consider a facility's efforts to prevent a violation of this chapter
prior to issuing a deficiency or citation. The department may issue a
deficiency or citation for failure to comply with Section 120392.4.

120392.9. Pursuant to its standardized procedures and if it has the
vaccine in its possession, each year, commencing October 1 to the
following April 1, inclusive, a general acute care hospital, as
defined in subdivision (a) of Section 1250, shall offer, prior to
discharge, immunizations for influenza and pneumococcal disease to
inpatients, aged 65 years or older, based upon the adult immunization
recommendations of the Advisory Committee on Immunization Practices
of the federal Centers for Disease Control and Prevention, and the
recommendations of appropriate entities for the prevention,
detection, and control of influenza outbreaks in California general
acute care hospitals.