SENIOR SENATE FEDERAL PROPOSAL NO. 4

INTRODUCED BY SENIOR SENATOR THOMPSON

LEGISLATIVE COUNSEL'S DIGEST

SFP 4: MEDICARE: DISCHARGE RIGHTS: NOTICE.

EXISTING FEDERAL LAW ESTABLISHES MEDICARE, WHICH IS A PUBLIC HEALTH INSURANCE PROGRAM FOR PERSONS 65 YEARS OF AGE AND OLDER AND SPECIFIED PERSONS WITH DISABILITIES WHO ARE UNDER 65 YEARS OF AGE. UNDER EXISTING LAW, A HOSPITAL IS REQUIRED TO PROVIDE AN INDIVIDUAL ENTITLED TO BENEFITS UNDER MEDICARE, AT OR NEAR THE TIME OF THE INDIVIDUAL’S ADMISSION AS AN INPATIENT TO THE HOSPITAL, WITH WRITTEN NOTICE OF THE INDIVIDUAL’S DISCHARGE RIGHTS.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD MODIFY FEDERAL MEDICARE LAW TO REQUIRE NOTICE OF DISCHARGE APPEAL RIGHTS TO BE POSTED IN A PATIENT’S ROOM.

VOTE: MAJORITY.

SFP 4: RELATING TO MEDICARE

WHEREAS, EXISTING FEDERAL MEDICARE LAW AND REGULATIONS REQUIRE HOSPITALS TO PROVIDE NOTICE TO INDIVIDUALS WHO ARE ENTITLED TO BENEFITS UNDER MEDICARE, AND WHO HAVE BEEN ADMITTED AS INPATIENTS TO THE HOSPITAL, OF THEIR DISCHARGE RIGHTS, INCLUDING THEIR RIGHT TO APPEAL THE PROPOSED DISCHARGE DATE; AND

WHEREAS, FEDERAL MEDICARE LAW AND REGULATIONS REQUIRE THAT THE NOTICE BE IN WRITING, THAT THE HOSPITAL OBTAIN AN ACKNOWLEDGMENT OF RECEIPT OF THE NOTICE SIGNED BY THE PATIENT, AND THAT THE NOTICE INFORM THE PATIENT THAT HE OR SHE WILL INCUR NO FINANCIAL LIABILITY WHILE AN APPEAL IS BEING CONSIDERED; AND

WHEREAS, THE NOTICE IS GENERALLY SENT HOME WITH THE PATIENT’S SPOUSE, FRIEND, OR RELATIVE AND DISREGARDED WITHOUT FURTHER REVIEW; AND

WHEREAS, THE HARM THAT MAY RESULT FROM DISCHARGE FROM THE HOSPITAL AT A TIME WHEN THE PATIENT FEELS UNABLE TO RECOVER IN A HOME SETTING IS POTENTIALLY SUBSTANTIAL; AND

WHEREAS, POSTING A NOTICE IN A PATIENT’S HOSPITAL ROOM WOULD POSE A MINIMAL BURDEN ON HOSPITALS; AND

WHEREAS, POSTING THE NOTICE IN A CONSPICUOUS LOCATION IS THE METHOD MOST LIKELY TO IMPART ACTUAL NOTICE TO THE PATIENT OF THEIR RIGHT TO APPEAL WITHOUT FINANCIAL LIABILITY; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT FEDERAL MEDICARE LAW REQUIRE NOTICE OF DISCHARGE APPEAL RIGHTS TO BE POSTED IN A PATIENT’S HOSPITAL ROOM; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHERRESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND THE SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

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RN 11 17658