Title 2 ADMINISTRATION
Chapter 2.76 DEPARTMENT OF HEALTH SERVICES*
2.76.010 Continuation of department and director.
2.76.020 References to superseded offices.
2.76.030 Definitions.
2.76.040 Director--Duties generally.
2.76.045 Authority to collect on delinquent health services accounts.
2.76.046 Director--Reducing patient account liabilities.
2.76.050 Director--Accounts to be kept.
2.76.060 Purchasing--Items for aid to indigents.
2.76.070 Purchasing--Transportation for indigents.
2.76.080 Cemetery--Orders for cremation or interment--Records required.
2.76.120 County medical facilities--Chapter applicability--Exception.
2.76.130 County medical facilities--Priority of admission.
2.76.140 County medical facilities--Pay patients accepted in certain instances.
2.76.150 County medical facilities--Case histories required when.
2.76.160 County medical facilities--Disclosure re aliens.
2.76.170 County medical facilities--Alcoholic beverage restrictions.
2.76.180 County medical facilities--Admission policy.
2.76.190 County medical facilities--Persons ineligible for admission.
2.76.200 County medical facilities--Investigation of persons transferring property to avoid payment.
2.76.210 County medical facilities--Applicant deemed not indigent--For certain conditions.
2.76.220 County medical facilities--Applicant to make written declaration of assets.
2.76.230 County medical facilities--Transportation of indigent patients to other counties, states and countries authorized when.
2.76.240 County medical facilities--Applicant’s legally responsible relatives to be contacted.
2.76.250 County medical facilities--Applicant deemed not indigent--Property ownership restriction.
2.76.260 County medical facilities--Payment for services--Title search made when.
2.76.270 County medical facilities--Payment for services--Lien on property required when.
2.76.280 County medical facilities--Payment for services--Sum secured by mortgage.
2.76.290 County medical facilities--Payment for service--Taking of lien may be waived.
2.76.300 County medical facilities--False statements by applicant.
2.76.310 County medical facilities--Applicant examination and hospital placement.
2.76.320 County medical facilities--Long-term patients--Allowance for certain expenses.
2.76.330 County medical facilities--Agreement to pay for tuberculosis, post-poliomyelitis, psychiatric disorder, crippled children’s services, or Renal Dialysis Center services.
2.76.350 Medical care, hospital care and public assistance--Costs to be collected by county--Reduced-cost plan/no-cost plan pilot projects.
2.76.380 School of nursing—Administration and operation.
2.76.390 School of nursing--Admission, tuition and graduation fees.
2.76.400 School of nursing--Fee for transcript of records.
2.76.410 School of nursing--Diploma and other items awarded to graduates.
2.76.420 School of nursing--Certificate for vocational nurses.
2.76.430 Interns or resident physicians--Diploma for service.
2.76.440 Attending medical staff--Certificate of merit upon retirement.
2.76.450 X-ray film and other records--Conditions for use by attending medical staff.
2.76.460 Employees--Uniforms furnished when.
2.76.470 Transportation for house calls--Conditions.
2.76.480 Employees--Compensation from approved medical school permitted when.
2.76.490 Employees--Compensation from the National Polio Foundation.
2.76.500 Expenses of physicians and dentists--For treating indigent sick.
2.76.510 Expenses of physicians and dentists--For extraordinary services.
2.76.530 Emergency transfer or maintenance of patients--Payment of physicians and hospitals.
2.76.540 Hospitals--Professional staff organization--Membership and privileges.
2.76.590 Risk management protocol--Quality improvement program.
*
Editor’s note: For statutory
provisions on county medical facilities, see Health & Saf. Code § 1440
et seq., for charter provisions on the director of hospitals see Charter §
22.
2.76.010 Continuation of department and director.
The office of director of health services and the department of
health services as they existed on March 1, 1973 are continued, but subject to
the provisions of this chapter. (Ord. 10656 § 2 (part), 1973: Ord. 4099
Art. 9-A § 150, 1942.)
2.76.020 References to superseded offices.
All references now or hereafter made by the Charter of this county,
any statute, regulation, seal or document of any kind, or any ordinance of this
county except this chapter to “director of hospitals,” shall be
deemed to refer to the director of health services. (Ord. 2006-0040 § 1,
2006: Ord. 11744 § 2, 1978: Ord. 10656 § 2 (part), 1973: Ord. 4099
Art. 9-A § 150.2, 1942.)
2.76.030 Definitions.
As used in this chapter:
A. “Department” means the
department of health services.
B. “Director” means the director
of health services. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.4, 1942.)
2.76.040 Director--Duties generally.
The director of health services shall perform all duties delegated
to him now or hereafter by Ordinance 4099 or any other ordinance of this county.
(Ord. 2006-0040 § 2, 2006: Ord. 87-0105 §§ 1--3, 1987; Ord. 11744
§ 1, 1978: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.1, 1942.)
2.76.045 Authority to collect on delinquent health services accounts.
Under the direction and supervision of the board and subject to its
direction, the director of health services shall have the following authority as
to delinquent accounts arising from the provision of medical care in county
medical and health facilities:
A. To provide collection services;
B. To
develop and maintain a billing and collection system;
C. To develop and keep
an automated recordkeeping system;
D. To establish payment plans as
necessary to effect collection;
E. To represent the county in small claims
court collection cases falling within the jurisdiction of said court;
F. To
reduce claims by an amount equal to the current monetary jurisdiction of the
small claims court when necessary to facilitate small claims actions.
G. In
his discretion, the director shall have the authority to permit the treasurer to
exercise all or any part of the authority set forth in this section 2.76.045
when the director believes such action to be in the best interests of the
department of health services.
H. Nothing in this Section 2.76.045 shall be
construed as divesting the treasurer of authority to continue any delinquent
account collection activities begun on delinquent accounts arising from the
provision of medical care in county medical and health facilities prior to the
effective date of the ordinance codified in this section. (Ord. 2001-0030 §
2, 2001.)
2.76.046 Director--Reducing patient account liabilities.
A. Notwithstanding the provisions of Section 2.52.040 relating to the
duties of the treasurer, and subject to the limitations and exceptions set forth
in subparagraphs B and E below, the director of the department of health
services shall have the authority to reduce the amount of liability for the
following accounts, where the anticipated cost of administering a collection
procedure would exceed the amount of revenue which might reasonably be
anticipated would be recovered:
(i) Any account which results from the
provision of medical care in county medical and health facilities;
or,
(ii) Any account which results from medical care provided by a third
party for which the county is contractually obligated to pay and for which the
county has reimbursement or subrogation rights.
The authority set forth in
this provision shall be exercised only on the condition that the director
undertakes appropriate collection efforts as to the accounts specified above and
on the further condition that those collection efforts are undertaken in
accordance with written policies and procedures;
B. The director may reduce
the amount of liability for any account by the greater of:
(i) $15,000;
or
(ii) $75,000 or 50% of the account balance, whichever is less;
C. The
director shall report to the board of supervisors, in writing and on a quarterly
basis, the amount of liability reduced for each account for that quarter and the
reason(s) for such reduction for each account;
D. In his discretion, the
director shall have the authority to permit the treasurer to exercise all or any
part of the authority set forth in this Section 2.76.046 when the director
believes such action to be in the best interests of the department of health
services;
E. The authority granted in this provision shall not extend to any
account which is the subject of litigation in which the county is a party or for
which a claim has been filed with the county pursuant to the California Tort
Claims Act, nor shall it apply where the director or his designee has negotiated
patient-specific payment rates for inpatient and/or outpatient services and
entered into single-instance, per-admission and/or per course of outpatient care
agreements with private payors for the provision of medical care in county
medical and health facilities. (Ord. 2005-0093 § 1, 2005: Ord. 2002-0004
§ 2, 2002.)
2.76.050 Director--Accounts to be kept.
The director shall keep or cause to be kept books of accounts for
all receipts and disbursements in the department. (Ord. 10656 § 2 (part),
1973: Ord. 4099 Art. 9-A § 150.38, 1942.)
2.76.060 Purchasing--Items for aid to indigents.
The director shall request the purchasing agent to procure such
articles as are found necessary for aid to indigents. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.36, 1942.)
2.76.070 Purchasing--Transportation for indigents.
Transportation on public carriers other than local bus or electric
transit lines shall be exclusively purchased through the county
auditor-controller. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.37, 1942.)
2.76.080 Cemetery--Orders for cremation or interment--Records required.
The director or his designee may issue orders for interment or
cremation of indigent dead in the County Cemetery. The cemetery shall be
maintained as a place for burial or cremation of the indigent dead of Los
Angeles County, and shall be under the general supervision of the director. No
bodies shall be received for burial or cremation at the cemetery except upon his
written order or his designated subordinates, and he shall keep or cause to keep
accurate data covering burials or cremations in the cemetery and shall include
on the plot of the cemetery the location of every burial and the name of the
deceased, age, date of death and burial, and he shall obtain and file or cause
to be obtained and filed with the proper authorities necessary burial permits
and reports as to such permits as required by law. (Ord. 10656 § 2 (part),
1973: Ord. 4099 Art. 9-A § 150.11, 1942.)
2.76.120 County medical facilities--Chapter applicability--Exception.
The provisions of this chapter, except Section 2.76- .130, shall
not apply to any person seeking admission to any county hospital or other county
medical or health facility, provided such person is entitled to medical care or
treatment under the provisions of either Title XVIII or XIX of Public Law 89-97,
42 U.S.C.A. 1395--1398g (i.e., the Social Security Amendments of 1965), or under
Chapters 6.5 or 7 of Part 3, Division 9 of the Welfare and Institutions Code of
the state of California; rather, the provisions of said Title XVIII or XIX of
Public Law 89-97, 42 U.S.C.A. 1395--1398g (i.e., the Social Security Amendments
of 1965), or of Chapters 6.5 or 7 or Part 3, Division 9 of the Welfare and
Institutions Code of the state of California, and any regulations adopted
pursuant thereto, as any of them may be amended from time to time, shall apply
to such person. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.7, 1942.)
2.76.130 County medical facilities--Priority of admission.
The provisions of this chapter which limit the admission of
patients to county hospitals shall not be applicable to those county hospitals
designated by resolution of the board of supervisors, pursuant to Welfare and
Institutions Code Section 14000.2, as a community hospital. The following
priority shall govern the admission of patients to community
hospitals:
A. Emergencies: any person who because of accident or sudden
illness is in need of emergency medical treatment, for so long as the emergency
exists;
B. Admissions required by law;
C. Medicare and Medi-Cal: persons
entitled to medical care and treatment under provisions of either Title XVIII or
XIX of Public Law 89-97, or under Chapters 6.5 or 7 of Part 3, Division 9 of the
Welfare and Institutions Code of the state of California, and any regulations
adopted pursuant thereto;
D. Services unavailable elsewhere: those persons
in need of care who, for whatever reason, cannot receive it elsewhere in the
community;
E. Other persons needing hospital care. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.47, 1942.)
2.76.140 County medical facilities--Pay patients accepted in certain instances.
If any person shall have sufficient property or income so that such
person does not qualify for medical and hospital care from the county as an
indigent person, but is otherwise eligible for such care pursuant to the
priority of admissions, the county shall be entitled to full reimbursement for
any such care furnished, except as otherwise provided in this chapter. (Ord.
10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.26, 1942.)
2.76.150 County medical facilities--Case histories required when.
There shall be maintained in the department a full history, as
required by statute or regulation, of persons admitted to any of its facilities,
such history to be kept confidential and for the use only of the authorized
officers and employees of the department and others as authorized by law. (Ord.
10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.5, 1942.)
2.76.160 County medical facilities--Disclosure re aliens.
When application for care, aid or services of the department is
made by or for any alien and it shall appear that such alien is or has been a
public charge within five years after entry into the United States, or where it
shall appear that such alien may be subject to deportation from the United
States for any other reason, the director shall disclose such facts in
connection therewith, as is authorized or required by law. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.6, 1942.)
2.76.170 County medical facilities--Alcoholic beverage restrictions.
A person, whether as patient, inmate, employee, visitor or
otherwise, shall not enter or be in any facility maintained by the department if
transporting or having in his possession any alcoholic beverage, unless he
received permission to transport or have same in his possession from the person
in charge thereof. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.23, 1942.)
2.76.180 County medical facilities--Admission policy.
No person shall be admitted into the facilities of the department
who, either through themselves or through their legally responsible relatives,
can supply themselves with equally sufficient care and treatment in private
institutions, unless in cases of emergency, quarantine, public disaster, or
where such person is a participant in a health care delivery system approved by
the board of supervisors. A person in need of hospitalization is to be admitted
into any of the facilities of the department if he cannot himself or through
legally responsible relatives pay the charges for a private institution after
providing for those who legally claim his support. (Ord. 87-0021 § 1, 1987:
Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.20,
1942.)
2.76.190 County medical facilities--Persons ineligible for admission.
A. No person shall be entitled to other than emergency medical care
through any of the facilities of the health services department if such a person
has made a voluntary transfer of property for the purpose of qualifying for
medical aid or to avoid the giving of security for repayment of public medical
aid advanced or to be advanced.
B. Any applicant for, or recipient of public
medical aid, who has made a voluntary transfer of property as provided herein
shall remain ineligible until the value of the property has been utilized by
budgetary needs.
C. Whenever any such person has knowingly obtained public
medical aid in an amount greater than the amount to which he is entitled, and,
he is not able to repay the county for the medical aid thus obtained, he shall
not be eligible for further medical aid until the value of the property has been
utilized by budgetary needs. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art.
9-A § 150.12, 1942.)
2.76.200 County medical facilities--Investigation of persons transferring property to avoid payment.
Whenever any person has knowingly made a voluntary transfer of
property to avoid payment to the county of Los Angeles for service furnished by
the health services department, the department shall investigate the facts and
consult with the county counsel to determine if such transfer may be set aside
and reimbursement accomplished by appropriate action. The board of supervisors,
upon recommendation of the department, in appropriate cases may authorize the
grant or continued grant of aid from the facilities of the department even
though it reasonably appears that the applicant or recipient is otherwise
ineligible as provided in this chapter. (Ord. 10656 § 2 (part), 1973: Ord.
4099 Art. 9-A § 150.13, 1942.)
2.76.210 County medical facilities--Applicant deemed not indigent--For certain conditions.
A. No person shall be considered to be an indigent person so as to be
entitled to care from any of the facilities of the department who shall be
otherwise able to provide for such care, or so as to be entitled to public
assistance, who shall have an income in excess of the regular charity budget for
such a case as approved by the board of supervisors.
B. No person in any of
the following classes shall be entitled to care or treatment as an indigent
person if he shall be otherwise able to provide for such care or treatment, or
if provision therefor can otherwise be made:
1. Persons afflicted with and
seeking care or treatment for tuberculosis; or
2. Post-poliomyelitis;
or
3. Psychiatric disorders; or
4. Persons seeking care or treatment
under the crippled children’s services program; or
5. Persons seeking
care or treatment under the Renal Dialysis (artificial kidney) Center.
C. In
the event of a conflict between the provisions of this section, with respect to
the care and treatment of psychiatric disorders, and the provisions of Section
5718 of the Welfare and Institutions Code, the provisions of the latter shall
prevail. (Ord. 87-0021 § 2, 1987: Ord. 10656 § 2 (part), 1973: Ord.
4099 Art. 9-A § 150.14, 1942.)
2.76.220 County medical facilities--Applicant to make written declaration of assets.
Before medical or hospital care, except emergency care, shall be
given to or for any person claimed to be an indigent person, or to or for any
person seeking post-poliomyelitis care and treatment, or to or for any person
seeking tuberculosis inpatient services, or psychiatric services, or to or for
any person seeking care and treatment under the crippled children’s
services program, such person shall make a written declaration of all moneys and
income which such person is to receive each month; and of any insurance policy
or policies or organizational membership which may furnish medical care or
hospitalization, or provide for payment thereof; and the nature, location and
value of all property in which such person has any interest, legal, equitable or
otherwise; and the names, places of residence and income of all kindred of the
applicant to the degree of husband, wife, child, father or mother. (Ord. 11649
§ 2, 1978: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.25, 1942.)
2.76.230 County medical facilities--Transportation of indigent patients to other counties, states and countries authorized when.
The director may incur all necessary expenses for the purpose of
transporting an indigent patient to another state, county or country if he finds
either that such patient thereby would cease to become a public charge, or that
friends or relatives of such patient agree to assume the cost and expense of the
care and maintenance of such patient if transported to such place, or that such
patient is a legal public charge in the place to which he is to be transported,
or that such patient has a legal residence in such state, county or country,
based upon information at hand reasonably tending to so indicate. (Ord. 12001
§ 1, 1979: Ord. 4099 Art. 9-A § 150.59, 1942.)
2.76.240 County medical facilities--Applicant’s legally responsible relatives to be contacted.
The director shall give written notice to all legally responsible
relatives of the applicant resident in this state, informing them of their
liability for the support of the applicant. (Ord. 10656 § 2 (part), 1973:
Ord. 4099 Art. 9-A § 150.19, 1942.)
2.76.250 County medical facilities--Applicant deemed not indigent--Property ownership restriction.
No person shall be construed to be an indigent person, so as to be
entitled to medical or hospital care from the health services department who
shall own an interest in real property, which real property shall have a county
assessed valuation of $5,000.00 or more. In specific cases wherein it is
determined by the board of supervisors to be financially advantageous to the
county, the board may authorize the grant of care to indigent persons who own an
interest in real property which real property shall have a county-assessed
valuation of $5,000.00 or more. This section does not apply to persons entitled
to be admitted into a county hospital pursuant to Section 1447 of the Health and
Safety Code. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.15, 1942.)
2.76.260 County medical facilities--Payment for services--Title search made when.
The director shall furnish the county engineer with the legal
description of all real property located in this county in which applicant
claims any interest, and the county engineer shall make a search of the title to
such property and report his findings to the director. If there be any doubts as
to the propriety of accepting any property from any applicant, the director may
request the advice and recommendation of the county counsel. All conveyances
proper for acceptance by the county shall be forwarded to the board of
supervisors by the director, with his recommendation, and if accepted by the
board of supervisors, the board shall cause such documents to be placed on
record, and such documents and any other documents evidencing or affecting the
title to any such property shall remain in the files of the board of
supervisors. Mortgages shall be recorded by the director. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art.9-A § 150.18, 1942.)
2.76.270 County medical facilities--Payment for services--Lien on property required when.
A. Every person admitted into the facilities of the hospitals of the
county of Los Angeles pursuant to Section 2.74.250 shall be required, as a
condition of treatment, to:
1. Create a lien by proper written instrument
upon his property as security for all medical and hospital care advanced by the
county; or
2. Convey by proper written instrument the real or personal
property in his possession to the county, if the acceptance of said property
will not require the county to assume any pecuniary obligation in relation to
said property.
B. This section shall not be applicable to:
1. Persons
seeking post-poliomyelitis care or treatment; or
2. Persons seeking
tuberculosis inpatient services; or
3. Persons seeking care or treatment
under the crippled children’s services; or
4. Persons seeking care or
treatment for psychiatric disorders; or
5. The real or personal property and
interment plots owned by recipients of:
a. Old-age Security, or
b. Aid
to the blind, or
c. Aid to the potentially self-supporting blind,
or
d. Aid to the needy disabled, or
e. Aid to needy children or the
needy relative thereof, or
f. Persons seeking care in the Renal Dialysis
(artificial kidney) Center; or
6. The real or personal property and
interment plots owned by persons, the assessed value of which is less than
$1,000.00. The term “personal property” shall include a policy or
policies of insurance owned by the applicant which have been in effect at least
five years prior to the date of the application. The value of the policy or
policies shall be the cash surrender value thereof. (Ord. 11649 § 3, 1978:
Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.27,
1942.)
2.76.280 County medical facilities--Payment for services--Sum secured by mortgage.
In cases where mortgage liens are procured as provided in this
chapter, such mortgage shall cover services provided within four years of the
date of any such mortgage and shall cover such services extended thereafter. In
any such mortgage created, it shall be provided that if the mortgagor, prior to
the time of his death, is incapacitated due to old age or to chronic or
incurable mental or physical disease of such nature and degree as to require
long-term care, and if expenses have been or are incurred for the burial of any
such mortgagor (which burial expense shall not exceed $500.00 for each and every
mortgagor), and if such mortgagor has no insurance or other means of burial
except by the county, the lien of any such mortgage shall not attach to such of
the proceeds of the real property covered by said mortgage as are required to
pay burial expenses of the mortgagor, not exceeding, however, said sum of
$500.00 for each and every mortgagor hereinabove specified. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.16, 1942.)
2.76.290 County medical facilities--Payment for service--Taking of lien may be waived.
The board of supervisors may waive the taking of a lien or deed, as
provided in this chapter, upon recommendation of the director setting forth
reasons why such lien or deed should not be taken. (Ord. 10656 § 2 (part),
1973: Ord. 4099 Art. 9-A § 150.17, 1942.)
2.76.300 County medical facilities--False statements by applicant.
Wherever it is determined that an affidavit or declaration of an
applicant contains false statements, the director or his designated agent shall
report all of the circumstances to the district attorney. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.22, 1942.)
2.76.310 County medical facilities--Applicant examination and hospital placement.
A. Whenever a person applies for hospital care who, in the opinion of the
officer or employee receiving the application, cannot be cared for in his home,
it shall be the duty of such officer or employee to notify or cause the director
to be notified of such an application and opinion. The director shall cause a
thorough physical examination of the applicant to be made and, if he deems it
necessary, may also cause a mental examination to be made. The report of such
examination or examinations shall also include a recommendation by the examiners
as to the necessity of hospital care, and shall suggest what county hospital is
best adapted for the care of the applicant, but such recommendation shall be
advisory only. The report of such examination or examinations shall be submitted
to the director, and if in his judgment hospital care is indicated, it shall be
his duty to place such person in the hospital most suitable for his best
care.
B. If the offer of placement in a hospital is refused by the
applicant, or his parents or guardian if the applicant be a minor or
incompetent, it shall be the duty of the director to order that all other
hospital aid for the applicant be denied until such time as the applicant, or
his parents or guardian, aforesaid, is willing to accept the hospital aid thus
offered. Voluntary abandonment of the hospital, after actual admittance thereto,
or such abandonment by the consent, approval or procurements of
applicant’s parents or guardian, shall be construed as such refusal. (Ord.
10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.24, 1942.)
2.76.320 County medical facilities--Long-term patients--Allowance for certain expenses.
A. There shall be established in each of the facilities of the department
a patients trust account in order that persons incapacitated due to chronic or
incurable physical disease of such nature and degree as to require long-term
care in any of said facilities or in any of the contractual facilities of the
department may be allowed to accumulate from periodic income or other sources
not to exceed $100.00 for personal expenditures. Such funds are to be deposited
in the patients trust account established at the facility where the patient is
confined, except that in the case of a patient confined in a contractual
facility, such funds shall be deposited at such county facility as may be
designated by the director. These funds may be withdrawn at a rate not to exceed
the amount allowed to recipients of Old-age Security for personal incidental
expenses; provided, however, that in the case of persons domiciled in the
ambulatory wards of any facility, the amount to be withdrawn for personal
expenditures may not exceed $6.00 a month.
B. Such patients shall also be
allowed to accumulate in said trust account an additional sum not to exceed
$500.00 for burial purposes, provided they have no insurance or other means for
burial except by the county.
C. Any funds received by an indigent for
services performed at any of said facilities, while a patient therein, shall be
exempt from the provisions of this chapter.
D. This section does not apply
to persons seeking care or treatment for post- poliomyelitis, tuberculosis,
psychiatric services, or to recipients of old-age security, aid to the blind, or
aid to the needy disabled. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A
§ 150.28, 1942.)
2.76.330 County medical facilities--Agreement to pay for tuberculosis, post-poliomyelitis, psychiatric disorder, crippled children’s services, or Renal Dialysis Center services.
A. The director shall, as a condition of care or treatment, in cases
of:
1. Tuberculosis inpatient services; or
2. Post-poliomyelitis;
or
3. Psychiatric disorders; or
4. Persons seeking care under the
crippled children’s services program; or
5. Persons seeking care under
the Renal Dialysis (artificial kidney) Center;
And from time to time
thereafter as changes in his or their ability to pay occur, cause the applicant
and all relatives of the applicant of the degree of spouse, parent and adult
child, to be contacted to secure a written agreement or agreements from them to
pay to the county monthly the cost of the care and treatment of such applicant,
or so much thereof as they are able to pay, the amounts to be paid to be set out
in the agreement or agreements.
B. In determining their ability to pay with
respect to assets and resources, consideration shall be given only to those
assets and resources over and above those deemed necessary to provide for those
legally claiming his or their support and specifically excepting a home with
necessary furniture and other necessities of life.
C. In the event of a
conflict between the provisions of this section, with respect to the care and
treatment of psychiatric disorders, and the provisions of Section 5718 of the
Welfare and Institutions Code, the provisions of the latter shall prevail. (Ord.
11649 § 4, 1978: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A
§ 150.29, 1942.)
2.76.350 Medical care, hospital care and public assistance--Costs to be collected by county--Reduced-cost plan/no-cost plan pilot projects.
A. General Provisions.
1. In accordance with the authority set for in
Section 2.76.045, the director shall cause collection of the amounts advanced by
the county, or in the case of patients covered by the provisions of Section
2.76.330, that portion of the amounts advanced as agreed upon, for the support
of any person as to medical and hospital care and public assistance to be made
from the persons or property legally liable therefor.
2. This section shall
be inapplicable to the department of children and family services and all
persons who are provided material assistance through said department, or medical
or hospital care pursuant to the program of said department. This section shall
also be inapplicable to California Children’s Services, and except as
otherwise provided for persons seeking care or treatment for post-poliomyelitis,
tuberculosis inpatient services, psychiatric services, or renal dialysis
services.
B. Ability-to-Pay Plan. Notwithstanding any other provision of
this chapter, and in accordance with the authority set forth in Section 2.76.045
the director shall cause collection of the amounts advanced by the county as to
medical and hospital care in accordance with the Ability-to-Pay Plan adopted by
the board of supervisors, as such Plan now exists or may hereafter be amended by
the board, which shall be implemented in all the department’s health care
facilities, or in the case of patients covered by the provisions of Section
2.76.330, that portion of the amounts advanced as agreed upon, for the support
of any person as to medical and hospital care and public assistance to be made
from the persons or property legally liable therefor.
C. Reduced-Cost
Plan/No-Cost Plan Pilot Projects. In addition to or as an option under the
Ability-to-Pay Plan referenced in subsection B of this section, upon prior
approval by the board of supervisors, the director may also implement
Reduced-Cost Plan/No-Cost Plan Pilot Projects for those patients seeking medical
care in the department’s facilities. The Reduced-Cost Plan/No-Cost Plan
Pilot Projects shall be offered for a period not to exceed three years, in any
or all of the department’s facilities as selected by the director in his
sole discretion and in accordance with the prior approval of the board of
supervisors. (Ord. 2002-0004 § 3, 2002: Ord. 99-0047 § 1, 1999: Ord.
12234 § 1, 1980: Ord. 12010 § 1, 1979: Ord. 12006 § 1, 1979: Ord.
11649 § 1, 1978: Ord. 11557 § 1, 1977: Ord. 10656 § 2(part),
1973: Ord.4099 Art. 9-A § 150.21, 1942.)
2.76.380 School of nursing—Administration and operation.
There shall be administered by the Department of Health Services a
school of nursing which shall be known as the “Los Angeles County College
of Nursing and Allied Health,” and which shall be operated on a California
state-accredited basis. (Ord. 2008-0028 § 1, 2008: Ord. 98-0065
§ 1, 1998: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A
§ 150.30, 1942.)
2.76.390 School of nursing--Admission, tuition and graduation fees.
The board may establish admission, tuition and graduation fees to
be paid by students of the Los Angeles County College of Nursing and Allied
Health. Each person enrolled in the school of nursing shall pay, at the
beginning of each semester or summer session, the admission or tuition fee so
prescribed. Prior to the beginning of the last semester, each person enrolled in
said school of nursing shall pay the graduation fee so prescribed. (Ord. 98-0065
§ 2, 1998: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.31, 1942.)
2.76.400 School of nursing--Fee for transcript of records.
A reasonable fee shall be charged and collected for each transcript
of record or similar report containing the record of any student nurse in excess
of one such transcript or report; provided, however, that such fee shall not
exceed the actual cost of providing such transcript or record. All such fees
shall be deposited in the county treasury as required by law. (Ord. 11488 §
5, 1977: Ord. 11359 § 4, 1976: Ord. 10656 § 2 (part), 1973: Ord. 4099
Art. 9-A § 150.32, 1942.)
2.76.410 School of nursing--Diploma and other items awarded to graduates.
Any person who shall satisfactorily complete the prescribed course
and shall be graduated from the Los Angeles County College of Nursing and Allied
Health shall be entitled to a diploma and a school pin of the style and quality
generally given by schools of nursing to their graduates. (Ord. 98-0065 §
3, 1998: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150-39,
1942.)
2.76.420 School of nursing--Certificate for vocational nurses.
Any person who shall satisfactorily complete the prescribed course
in vocational nursing shall be entitled to a certificate of completion. (Ord.
10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.40, 1942.)
2.76.430 Interns or resident physicians--Diploma for service.
Any intern or resident physician who satisfactorily completes the
appointed term of service shall be entitled to a diploma of the style and
quality generally given by public hospitals in recognition of such service.
(Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A § 150.41,
1942.)
2.76.440 Attending medical staff--Certificate of merit upon retirement.
Upon retirement in good standing, members of the attending medical
staffs of the Los Angeles County+University of Southern California Medical
Center, Harbor-UCLA Medical Center, Rancho Los Amigos National Rehabilitation
Center and Olive View-UCLA Medical Center, shall each be entitled a certificate
of merit. Such certificates shall be without cost to such members. (Ord. 99-0036
§ 1, 1999: Ord. 11807 § 1, 1978: Ord. 10656 § 2 (part), 1973:
Ord. 4099 Art. 9-A § 150.42, 1942.)
2.76.450 X-ray film and other records--Conditions for use by attending medical staff.
Subject to the supervision and direction of the administrator of
any county hospital, X-ray films and other records of patients may be used by
members of the attending staffs of the hospitals in connection with teaching,
lecturing and illustrating for general medical instruction, provided such use
will not be a source of revenue to the staff member other than received by him
for teaching, lecturing or illustrating articles for general medical
instruction; and provided further that they are used as hospital records and not
as records in an identifiable case, by name or otherwise; and provided further
that such use does not disclose in any manner to any person other than members
of the staffs of the hospitals the identity of the patient. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.33, 1942.)
2.76.460 Employees--Uniforms furnished when.
A. Persons in the following classifications in the department shall be
entitled to receive uniforms:
1. Dental intern;
2. Dental
resident;
3. Intern;
4. Resident physician, M.D.
B. Employees
entitled to receive uniforms under the provisions of this section may use such
uniforms only during their term of service. Such employees shall return to the
department all uniforms received upon completion of active duties for the
county, and at such other times as may be required by the director. (Ord. 10656
§ 2 (part), 1973: Ord. 4099 Art. 9-A § 150.43, 1942.)
2.76.470 Transportation for house calls--Conditions.
Transportation for house calls shall be furnished by the physician
or dentist; provided, however, that any physician or dentist who may be called
upon to render service involving a round trip of 10 or more miles, shall be
entitled to mileage from his respective office to the place of call and return
at the rate prescribed and allowed for officers and employees of the county when
traveling in performance of their duty. (Ord. 10656 § 2 (part), 1973: Ord.
4099 Art. 9-A § 150.44, 1942.)
2.76.480 Employees--Compensation from approved medical school permitted when.
Notwithstanding any of the provisions of Ordinance 4099, county
employees assigned to the department of health services may receive for their
personal use, compensation from any approved medical school which is accepted as
an affiliate of any hospital, under the jurisdiction of the department, for
services rendered. (Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A §
150.10, 1942.)
2.76.490 Employees--Compensation from the National Polio Foundation.
Notwithstanding any of the provisions of Ordinance 4099, county
employees assigned to the department of health services may receive for their
personal use, compensation from the National foundation for Infantile Paralysis,
for services rendered during poliomyelitis epidemics. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.9, 1942.)
2.76.500 Expenses of physicians and dentists--For treating indigent sick.
Any duly qualified or appointed physician or dentist under the
director whose duty it is to treat the indigent sick outside the Los Angeles
County hospitals shall be entitled to allowances fixed under a schedule
prescribed by resolution of the board of supervisors. The said schedule shall
specify the allowances for:
A. A visit by a patient to the office of a
physician or dentist, such visit to be known as an office visit;
B. A call
by a physician or dentist to a patient at his home or at any other place, not
the office of a physician or dentist, such call to be known as a house call;
and
C. Medication, surgery, furnishing of surgical dressings, X-ray,
laboratory, or other special services, and medical and surgical
supplies.
The said schedule of allowances prescribed by resolution shall be
based upon recommendation of the director or his agent. (Ord. 10656 § 2
(part), 1973: Ord. 4099 Art. 9-A § 150.45, 1942.)
2.76.510 Expenses of physicians and dentists--For extraordinary services.
A. In the case of extraordinary services not provided for in the
resolution mentioned in Section 2.74.500, the board of supervisors shall allow a
reasonable sum therefor. Any physician’s or dentist’s claim for such
extraordinary services shall be accompanied by a written statement, signed by
the director or his agent, stating that he examined the said claim and that in
his opinion the charge therefor is reasonable in amount; provided, however, that
if the director or his agent does not approve of the claim as made, he shall
state in writing the amount which in his opinion is reasonable and proper
therefor.
B. No sum shall be allowed or paid under this rule for any
services or supplies of any kind whatsoever unless the services or supplies for
which the claim is made are approved by the director or his duly authorized and
designated agent, and such authorization shall be in addition to any other
approval or authorization which is required by this rule.
C. It is the
intention of this chapter that the allowance and payments herein authorized, or
as fixed by the schedule adopted by the board of supervisors, are fixed and made
as reimbursement to the physician or dentist for the expenses incurred, and such
allowances and payments are not fixed or allowed as fees or compensation for
personal services, nor shall anything herein contained be deemed to authorize
the care of the indigent sick by contract contrary to the provisions of Section
1451 of the Health and Safety Code or other provisions of law. (Ord. 10656
§ 2 (part), 1973: Ord. 4099 Art. 9-A § 150.46, 1942.)
2.76.530 Emergency transfer or maintenance of patients--Payment of physicians and hospitals.
In addition to the catastrophe provisions of Section 2.130.010, et
seq., of this code, whenever the chief administrative officer or the director of
health services finds that an emergency exists, or has reasonable cause to
believe that some emergency is imminent with respect to the continuation of
medical care of patients in, or admissible to, the county hospital, he may
transfer such patients to, or require them to be maintained in, private
hospitals. The cost of such hospital care, and necessary professional care
provided by physicians licensed to practice medicine in the state of California
to patients transferred or maintained pursuant to this section, shall be
reimbursed either at the provider’s current Medi-Cal rate or in the amount
of the provider’s charges, whichever sum is less. (Ord. 86-0214 § 1,
1986: Ord. 11268 § 1, 1975: Ord. 4099 Art. 9-A § 150.58,
1942.)
2.76.540 Hospitals--Professional staff organization--Membership and privileges.
A. The professional staffs (physicians and dentists) of county hospitals
shall form self-governing professional staff organizations which shall act in a
purely advisory capacity to the hospital administrator and the director of
health services in matters of medical and dental staff appointments, patient
care, professional organization, standards and requirements. The director of
health services shall have sole authority to act in all matters concerning the
department of health services, including the above.
B. The professional
staff organization shall function in accordance with bylaws which have been
approved by the board of supervisors. Amendments to such bylaws shall also be
approved by the board of supervisors before they become
effective.
C. Physicians and dentists in the county classified service shall
not be required to join the professional staff organization. All other
physicians and dentists seeking to practice in county hospitals shall be
required to apply for and become a member of the professional staff organization
in accordance with the procedures set forth in said bylaws.
D. Irrespective
of the recommendations of the professional staff organization, the director of
health services may, in his sole discretion, reject or appoint physicians and
dentists to the staff of county hospitals. Such an appointment automatically
qualifies such persons for membership in the professional staff organization.
The director of health services shall also have sole authority to limit the
scope of practice of such persons, and to terminate their staff appointments.
(Ord. 12412 § 2, 1981: Ord. 10656 § 2 (part), 1973: Ord. 4099 Art. 9-A
§ 150.48, 1942.)
2.76.590 Risk management protocol--Quality improvement program.
A. Purpose. The purpose of the ordinance codified in this section is to
improve the delivery of medical services and reduce risks of county liability by
assuring the continued maintenance of appropriate risk management and quality
assurance protocols established by the department of health services relating to
incidents of potential liability, claims, and lawsuits arising out of the
provision of medical services.
B. Quality Improvement Program. The
department of health services shall continue to maintain a quality improvement
program that includes reporting, investigating, and initiating corrective action
related to incidents involving potential liability, claims, and lawsuits as they
arise out of the provision of medical services. Under the quality improvement
program, risk management personnel shall be responsible for taking the necessary
actions to ensure prompt reporting, complete investigation, and timely
implementation of corrective action regarding these events.
C. Policy. It
shall be the policy of the county of Los Angeles for the department of health
services to:
1. Maintain a quality improvement program that continues to
include the prompt reporting and investigation of incidents of potential
liability, claims, and lawsuits arising out of the provision of medical
services, along with recommending and ensuring the timely implementation of
corrective action;
2. Create and maintain a risk management reporting form
and procedure for the reporting of events involving quality, risk, safety, or
personnel issues;
3. Assign risk management personnel to receive and review
risk management reporting forms, review claims or lawsuits, and perform and
direct appropriate responses;
4. Review and analyze, with attention to
quality, risk, safety, and personnel issues, all risk management investigations,
applicable third party administrator’s investigations, and database
information for the purpose of recommending and ensuring timely implementation
of corrective action to prevent the reoccurrence of the same or similar type of
event involving risk of county liability;
5. Maintain an inspection and
audit division that independently verifies the implementation of corrective
action;
6. Prepare a corrective action report to accompany any recommended
settlement of a claim or lawsuit presented to the board of supervisors for
approval where the department participates in the settlement;
7. Include in
any contract with a third party administrator regarding claim and litigation
management services language requiring the performance of an early investigation
and report of incidents, claims, or lawsuits, and the development and
maintenance of a database for tracking all reported incidents, claims, and
lawsuits.
D. Implementation and Administration. The director, with the
consultation and advice of the chief administrative officer and county counsel,
shall prepare and issue appropriate instructions, guidelines, forms, protocols,
and other documents necessary to carry out the purposes and requirements of this
section with regard to the quality improvement program, and shall administer and
enforce such program. The director shall include appropriate provisions to
maintain confidentiality and applicable privileges relating to any information
or documents which may be permitted or required by law. Copies of such
instructions, guidelines, forms, protocols, and other documents, and any
amendments thereto, shall be provided to all staff involved in the delivery of
medical services. (Ord. 99-0030 § 1, 1999.)
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