SECTIONS 123222.1-123222.2 - California Statutes

HEALTH AND SAFETY CODE

SECTION 123222.1-123222.2

123222.1. (a) Notwithstanding any other provision of law, any
printed materials specified in subdivision (b), that are provided to
a patient by an employee or authorized agent on behalf of a general
acute care hospital, as defined in subdivision (a) of, a skilled
nursing facility, as defined in subdivision (c) of, an intermediate
care facility as defined in subdivision (d) of, a nursing facility,
as defined in subdivision (k) of, Section 1250, or a residential care
facility for the elderly, as defined in subdivision ( l) of Section
1569.2, shall be printed in at least a 12-point font that is clear
and legible.
(b) The section shall apply only to the following:
(1) Admission and discharge papers and forms from general acute
care hospitals, skilled nursing facilities, intermediate care
facilities, and nursing facilities.
(2) Medical and therapeutic instructions prepared by the facility
specifically for an individual upon his or her discharge from a
general acute care hospital, a skilled nursing facility, an
intermediate care facility, or a nursing facility.
(3) Any contract for consent for hospitalization, or agreement to
assume financial responsibility between a patient and any of the
facilities specified in paragraph (1).
(4) Instructions and forms for advance health care directives, as
defined in Section 4605 of the Probate Code.
(5) Information produced by the hospital or facility regarding the
rights and responsibilities of patients or residents while receiving
care at the hospital or facility, and regarding grievances and
appeals, including forms and instructions.
(6) Correspondence written, printed, or produced by any of the
facilities specified in paragraph (1), or a residential care facility
for the elderly.
(c) Any entity described in paragraph (1) of subdivision (b), and
any residential care facility for the elderly, may continue to use
its supply of materials that exists on January 1, 2003, until that
supply is exhausted or until January 1, 2006, whichever occurs first,
and thereafter shall comply with the requirements of this section.
(d) The hospital's or facility's policies and procedures are
specifically excluded from the requirements of this section.

123222.2. (a) (1) Upon admission of a patient to a skilled nursing
facility, as defined in subdivision (c) of, an intermediate care
facility, as defined in subdivision (d) of, or a nursing facility, as
defined in subdivision (k) of, Section 1250, the facility shall ask
the patient if he or she would like the facility to provide the
patient's next of kin or agent under a durable power of attorney for
health care with materials regarding patients' rights and
responsibilities. If the patient states that he or she would like
these materials to be provided, the facility shall do so, in
accordance with paragraph (2).
(2) (A) The materials provided by the facility pursuant to this
subdivision shall include a comprehensive Patients' Bill of Rights,
as described in subdivision (d) of Section 1599.61. Until subdivision
(d) of Section 1599.61 is fully implemented by the State Department
of Health Services, the Patients' Bill of Rights provided pursuant to
this subdivision shall include all of the following:
(i) The rights contained in Chapter 3.9 (commencing with Section
1599) of Division 2.
(ii) The resident rights applicable to skilled nursing facilities,
contained in Section 72527 of Title 22 of the California Code of
Regulations.
(iii) The resident rights applicable to intermediate care
facilities, contained in Section 73523 of Title 22 of the California
Code of Regulations.
(iv) The resident rights applicable to long-term care facilities
under Sections 483.10 to 483.25, inclusive, of Title 42 of the Code
of Federal Regulations.
(B) The facility may also provide written materials regarding the
facility's expectations of patients and patients' responsibilities
while the patient is receiving care at the facility. This paragraph
shall not be construed to require the facility to create any
additional written materials regarding the facility's expectations of
patients and patients' responsibilities.
(b) (1) Upon admission of a patient to a general acute care
hospital, as defined in subdivision (a) of Section 1250, the hospital
shall ask the patient if he or she would like the hospital to
provide the patient's next of kin or agent under a durable power of
attorney for health care with materials regarding patients' rights
and responsibilities. If the patient states that he or she would like
these materials to be provided, the hospital shall do so, in
accordance with paragraph (2).
(2) (A) The materials provided by the hospital pursuant to this
subdivision shall include a comprehensive Patients' Bill of Rights,
including the regulatory patients' rights for general acute care
hospitals contained in Section 70707 of Title 22 of the California
Code of Regulations, and the rights afforded to patients under
Section 482.13 of Title 42 of the Code of Federal Regulations.
(B) The hospital may also provide written materials regarding the
hospital's expectations of patients and patients' responsibilities
while the patient is receiving care at the hospital. This paragraph
shall not be construed to require the hospital to create any
additional written materials regarding the hospital's expectations of
patients and patients' responsibilities.
(c) Upon the request of the patient, or of the patient's next of
kin or agent under a durable power of attorney for health care, a
representative of any facility or hospital providing patients' rights
information or other documentation described in this section shall
explain the materials provided.
(d) This section shall not be construed to require the disclosure
of patient information that would otherwise be exempt from
disclosure.