​SB 963 requires each GACH with an ED to adopt and implement P&Ps by January 1, 2025, to facilitate the self-identification of a GACH ED patient as a victim of human trafficking or domestic violence to hospital personnel. ​

The P&Ps must meet all of the following minimum requirements:

• Provide for patient confidentiality in accordance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).
• Provide the ED patient with a safe and discreet means of informing hospital personnel that they are a victim of human trafficking or domestic violence.
• Facilitate a reasonably prompt and private interview of the self-identifying patient by medical personnel to provide information to the patient regarding local services and resources for victims of human trafficking or domestic violence, if any. However, the patient may choose to decline the private interview.
• Incorporate principles of trauma-informed care.

The bill allows GACH's subject to this section to track the use of its self-identification procedure, including the total number, ages, and racial demographics of self-identifying ED patients, to the extent that this information is provided by the patient.

The bill does not increase a GACH's obligation to report the identity of any patient, including those self-identifying as a victim of human trafficking or domestic violence, to CDPH or any law enforcement agency beyond its existing duty to report under Article 2 (commencing with Section 11160) or Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.

The bill limits a GACH's liability, including its directors, officers, employees, medical staff, contracted health care providers, agents, and medical personnel, acting in compliance with the bill for any injuries or damages arising from, or related to, a patient who self-identifies to hospital personnel or is offered or receives the information provided under the GACH's P&Ps regarding victim services and resources.

The GACH's liability limitation provided by the bill includes injuries inflicted by a trafficker or abuser that are based on the GACH's acts or omissions taken in accordance with its implementing P&Ps, so long as the GACH has acted in good faith. However, the liability limitation does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct.

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 the HSC and the California Code of Regulations to ensure compliance.

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

Sincerely,

Original signed by Chelsea Driscoll

Chelsea Driscoll

Acting Deputy Director