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Revised patient dumping penalties backed
By Aurelio Rojas - Bee Capitol Bureau
Published 12:00 am PDT Wednesday, June 27, 2007
Story appeared in MAIN NEWS section, Page A4
Legislation barring hospitals in California from transporting a patient to a location other than the person's residence without the patient's consent cleared an Assembly committee Tuesday after the author agreed to water down the bill.
Originally, hospital administrators convicted of "patient dumping" under Senate Bill 275 would have been subject to a misdemeanor, a $2,000 fine and up to one year in jail -- and the hospital fined up to $10,000.
Patient dumping is most pervasive in Los Angeles' Skid Row, but also occurs in other cities in the state, including Sacramento.
State Sen. Gil Cedillo, D-Los Angeles, agreed to a phase in the penalties in his bill after the Democrats who control the Assembly Health Committee balked at criminalizing the first offense -- and threatened to kill the legislation.
The first violation would now be an administrative violation subject to a $100,000 fine against the hospital and enforced by the state Department of Health Services.
The second violation would be prosecuted in court as a civil violation with the hospital subject to a $250,000 fine.
Only after the third violation, could hospital officials be charged with a misdemeanor and the hospital fined up to $500,000.
Hospital officials said criminalizing patient dumping after the first offense could exclude hospitals from the federal Medicare and state Medi-Cal programs and force them to shut their doors.
Cedillo called the argument a "scare tactic" and said there was no documented evidence of any hospital having to close after being charged with a misdemeanor.
The amended bill, which still requires Assembly and Senate approval, passed on an 11-5 party-line vote with Democrats in favor and Republicans opposing it.
About the writer:
- The Bee's Aurelio Rojas can be reached at (916) 326-5545 or arojas@ sacbee.com.
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