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EDMUND G. BROWN JR.
Governor

State of Californiaā€”Health and Human Services Agency
California Department of Public Health


AFL 15-29
December 30, 2015


TO:
Primary Care Clinics

SUBJECT:
Assembly Bill (AB) 1177 ā€“ Written Transfer Agreements


ā€‹AUTHORITY:      Health and Safety Code section 1204.2


All Facilities Letter (AFL) Summary

This AFL notifies primary care clinics (PCCs) of the chaptering of AB 1177, which eliminates the requirement that a licensed PCC enter into a written transfer agreement with a nearby hospital as a condition of licensure.

Effective January 1, 2016, AB 1177 (Chapter 704, Statutes of 2015) eliminates the requirement that licensed PCCs enter into a written transfer agreement with one or more nearby hospitals as a condition of licensure, except for PCCs that provide services as an alternative birthing center.

Each PCC will be required to send copies of all medical records related to the patientā€™s transfer containing specified information with each patient at the time of transfer, or in the case of emergency, as promptly as possible. Alternatively, a PCC may enter into a written transfer agreement with a local hospital that provides for the transfer of medical records.

Because the new requirements conflict with existing regulatory requirements, the California Department of Public Health (CDPH) is required to repeal section 75047 of Title 22 of the California Code of Regulations no later than July 1, 2016.

The information in this AFL is a brief summary of the provisions of AB 1177. Facilities are responsible for following all applicable laws. The CDPH failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text of all applicable sections of the Health and Safety Code.

If you have any questions regarding this AFL, please contact your respective district office.

 

Sincerely,

Original signed by Scott Vivona for

Jean Iacino
Deputy Director

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