AMENDED IN SENIOR SENATE OCTOBER 31, 2012

AMENDED IN SENIOR ASSEMBLY OCTOBER 30, 2012

SENIOR ASSEMBLY PROPOSAL NO. 42

INTRODUCED BY SENIOR ASSEMBLY MEMBER ROSENBERG

LEGISLATIVE COUNSEL'S DIGEST

AP 42: LONG-TERM CARE FACILITIES: PATIENT PROPERTY

UNDER EXISTING LAW, A LONG-TERM CARE FACILITY THAT FAILS TO MAKE REASONABLE EFFORTS TO SAFEGUARD PATIENT PROPERTY IS REQUIRED TO REIMBURSE A PATIENT FOR OR REPLACE STOLEN OR LOST PATIENT PROPERTY AT ITS THEN CURRENT VALUE. THE FACILITY IS PRESUMED TO HAVE MADE REASONABLE EFFORTS TO SAFEGUARD PATIENT PROPERTY IF THE FACILITY HAS SHOWN CLEAR AND CONVINCING EVIDENCE OF ITS EFFORTS TO MEET SPECIFIED REQUIREMENTS, INCLUDING ESTABLISHING A WRITTEN PATIENT PERSONAL PROPERTY INVENTORY UPON A RESIDENT’S ADMISSION AND RETAINING THE INVENTORY DURING THE RESIDENT’S STAY, AND ESTABLISHING A METHOD OF MARKING, TO THE EXTENT FEASIBLE, PERSONAL PROPERTY ITEMS FOR IDENTIFICATION PURPOSES UPON ADMISSION, INCLUDING ENGRAVING OF DENTURES AND TAGGING OF OTHER PROSTHETIC DEVISES.

EXISTING LAW REQUIRES A COPY OF A CURRENT INVENTORY TO BE MADE AVAILABLE UPON REQUEST TO THE RESIDENT, RESPONSIBLE PARTY, OR OTHER AUTHORIZED REPRESENTATIVE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE LONG-TERM HEALTH CARE FACILITIES TO RECORD THE SERIAL NUMBER, IF ANY, OF ANY ASSISTIVE DEVICE, INCLUDING, BUT NOT LIMITED TO, WHEELCHAIRS, OXYGEN TANKS, HEARING AIDS, AND WALKERS ON THE PATIENT’S WRITTEN PERSONAL PROPERTY INVENTORY UPON THE PATIENT’S ADMISSION, AND GIVE THE PATIENT A COPY OF THE PERSONAL PROPERTY INVENTORY.

VOTE: MAJORITY.

AP 42: RELATING TO LONG-TERM CARE FACILITIES: PATIENT PROPERTY

WHEREAS, THEFT OF ASSISTIVE DEVICES FROM LONG-TERM HEALTH CARE FACILITIES IS AN EVERYDAY OCCURRENCE, RESULTING IN MANY THOUSANDS OF DOLLARS LOST BY PATIENTS EACH YEAR; AND

WHEREAS, MOST PATIENTS AND THEIR FAMILIES ARE TRAUMATIZED AT THE TIME OF ADMISSION AND UNAWARE OF THE IMPORTANCE OF RECORDING THE SERIAL NUMBER OF AN ASSISTIVE DEVICE ON THE WRITTEN PATIENT PERSONAL PROPERTY INVENTORY; AND

WHEREAS, PATIENTS AND THEIR FAMILIES ENDURE A SIGNIFICANT FINANCIAL BURDEN WHEN AN ASSISTIVE DEVICE IS STOLEN AND A REPLACEMENT ASSISTIVE DEVICE MUST BE PURCHASED; AND

WHEREAS, MANY PATIENTS AND THEIR FAMILIES CANNOT AFFORD REPLACEMENT ASSISTIVE DEVICES, SUCH AS A WHEELCHAIR, LONG-TERM HEALTH CARE FACILITIES ARE NOT REQUIRED TO SUPPLY A REPLACEMENT WHEELCHAIR, AND MEDICARE WILL COVER THE COST OF ONLY ONE WHEELCHAIR PER PERSON EVERY FIVE YEARS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT LONG-TERM CARE FACILITIES BE REQUIRED TO RECORD THE SERIAL NUMBER, IF ANY, OF ANY ASSISTIVE DEVICE, INCLUDING, BUT NOT LIMITED TO, WHEELCHAIRS, OXYGEN TANKS, HEARING AIDS, AND WALKERS ON THE PATIENT’S WRITTEN PERSONAL PROPERTY INVENTORY UPON THE PATIENT’S ADMISSION, AND GIVE THE PATIENT A COPY OF THE PERSONAL PROPERTY INVENTORY; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

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