āāEffective January 1, 2025, AB 1316 amends the definition of a psychiatric emergency medical condition and related patient transfer laws that apply to GACHs and APHs, to clarify they apply regardless of whether a patient is voluntary or involuntarily detained for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment under the LPS Act (Welfare & Institutions Code, Division 5, Part 1).
AB 1316 prohibits contractual duties among hospitals, physicians, and government agencies that are related to emergency care or patient transfers from unreasonably delaying or denying medically necessary care for a psychiatric emergency medical condition, regardless of whether the patient is voluntary or involuntarily detained under the LPS Act.
AB 1316 clarifies that a provider is not required to seek prior authorization to make a transfer for a patient with a psychiatric emergency medical condition unless otherwise required by law.
AB 1316 also requires the Department of Health Care Service's Medi-Cal program and Medi-Cal managed care plans to cover all emergency services and care necessary to relieve or eliminate a psychiatric emergency medical condition, regardless of duration or whether the patient is voluntary or involuntarily detained under the LPS Act.
The information in this AFL is a brief summary of the provisions of AB 1316. Facilities are responsible for following all applicable laws. CDPH's 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 HSC and the California Code of Regulations to ensure compliance.
For questions concerning this AFL, please contact your local district office.
Sincerely,
Original signed by Chelsea Driscoll
Chelsea Driscoll
Acting Deputy Directorā