AB 3161: Health facilities: patient safety and antidiscrimination.

Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. The patient safety plan requires specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility, and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. A violation of these provisions is a crime.

This bill would require the reporting system to include anonymous reporting options. The bill would also require analysis of patient safety events by specified sociodemographic factors to identify disparities in these events and would state the intent of the Legislature that a health facility use prescribed stratification categories for this requirement and that a health facility, for certain sociodemographic factors, only be required to disclose information that is voluntarily provided by the patient or client. The bill would require that the safety plan include a process for addressing racism and discrimination and its impacts on patient health and safety, including monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities, and encouraging facility staff to report suspected instances of racism and discrimination. The bill would require, beginning January 1, 2026, and biannually thereafter, that health facilities submit patient safety plans to the departments licensing and certification division. The bill would authorize the department to impose a fine not to exceed $5,000 on health facilities for failure to adopt, update, or submit patient safety plans, and would authorize the department to grant an automatic 60-day extension to submit biannual patient safety plans. The bill would require the department to make all patient safety plans submitted by health facilities available to the public on its internet website. By expanding the requirements on health facilities, the bill would expand the definition of a crime and would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.