Health care facilities: notification of next of kin.

The Health and Safety Code section is renumbered from 1293.3 to 1280.7, placing it in a different part of the code.

Penalties are now explicitly labeled 'continuing civil penalties,' clarifying that the $200-per-day accrual continues until the violation is cured rather than being a one-time assessment.

A new procedural right is created: a licensee who disputes a civil penalty assessment may request a hearing pursuant to Section 131071 within 10 working days of receiving notification of the penalty.

A specific deadline is added: the penalty for failing to notify the county public administrator is measured from the fifth business day following a person's death, rather than an undefined period determined by the State Department of Public Health.

Section 7600.5 of the Probate Code is expanded to cover 'a health facility other than a general acute care hospital or a skilled nursing facility' in addition to the previously listed types, broadening which facilities must notify the public administrator when someone dies without known next of kin.

The definition of 'known next of kin' is moved from the Probate Code section (7600.4) into the Health and Safety Code section (1280.7), and the definitions in Section 7600.4 are now stated to apply to both Section 7600.4 and Section 7600.5.

The term 'licensee' is added alongside 'person in charge' in several provisions, clarifying that the licensed entity itself (not just the individual in charge) bears responsibility and holds procedural rights under the bill.

The bill's scope is narrowed from all hospitals, convalescent hospitals, and board and care facilities to only general acute care hospitals and skilled nursing facilities. Other facility types remain covered by the existing Section 7600.5 with its immediate notice requirement.

The state-mandated local program designation is changed from yes to no, removing the fiscal note that the bill creates a new crime requiring reimbursement analysis.

Section 1569.492 of the Health and Safety Code is removed entirely, eliminating the separate civil penalty provision for residential care facilities for the elderly (RCFEs) and the Department of Social Services' role in assessing penalties. All enforcement is now consolidated under the Department of Public Health.

A new civil penalty of $200 per day (up to $50,000) is added for failing to notify the county public administrator, separate from and in addition to the existing penalty for failing to notify next of kin.

Two new ways to satisfy the notification requirement are added: (1) the facility notifies the designated resident representative or has the body transferred to a hospital after death, and (2) the person informed the hospital or facility in writing prior to death that they do not want their known next of kin notified.

The deadline for notifying the county public administrator changes from 48 hours to two business days.

Hospitals and facilities must now provide the county public administrator with identifying information including the decedent's full legal name, social security number, driver's license or other identification, residence at time of death or last known address, and any available contact information for known next of kin.

A new definitions subsection is added to Section 7600.4 defining 'general acute care hospital,' 'known next of kin' (a relative by blood, marriage, or registered domestic partnership identified to the facility), 'reasonable attempt,' 'resident representative,' and 'skilled nursing facility.'

The deadline for a hospital or facility to notify the county public administrator after a death changed from 48 hours to two business days, giving facilities additional time when a death occurs on a weekend or holiday.

A new exemption was added to both Section 7600.4 and Section 7600.5 of the Probate Code stating that the bill does not apply to the death of an incarcerated individual in the custody of the Department of Corrections and Rehabilitation, because next of kin notifications for incarcerated persons are already governed by Sections 5022 and 6401 of the Penal Code.

The State Department of Public Health's authority to assess civil penalties was expanded from covering only the penalty for failing to notify next of kin (subdivision a) to covering both that penalty and the separate penalty for failing to notify the county public administrator (subdivision b).

New Probate Code Section 7600.4 created specifically for general acute care hospitals and skilled nursing facilities, establishing a separate notification regime distinct from other health care facilities.

Section 7600.5 now applies only to hospitals that are NOT general acute care hospitals, convalescent hospitals that are NOT skilled nursing facilities, and board and care facilities - effectively carving out the higher-tier facilities into the new section.

Section 7600.4(c) defines 'reasonable attempt' as a documented, good-faith effort within 72 hours of death using available contact information, including telephone, voicemail, text message, or email.

New 48-hour deadline for notifying the public administrator when next of kin cannot be located (previously only 'immediate notice' was required under the old version).

Penalty assessment under Section 1293.3 now explicitly requires compliance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code (formal administrative hearing procedures), and the State Department of Public Health is named by full title.

The new section allows the person in charge or their designee to make notification attempts, adding flexibility for facility operations.

State-mandated local program designation changed from 'yes' to 'no,' removing the fiscal obligation that would have required state reimbursement to local agencies.