California hospitals and skilled nursing facilities must try to notify known relatives after a death and tell the county when relatives cannot be found or an allowed alternative applies.
Hospitals and skilled nursing facilities must make a documented, good-faith effort to tell known relatives when someone dies. A facility may notify the resident representative instead, and a person's written request not to notify relatives also counts.
When relatives cannot be found after a reasonable effort, or an allowed alternative applies, hospitals and skilled nursing facilities must notify the county public administrator and share available identifying details.
Hospitals and skilled nursing facilities that fail to notify relatives or the county owe $200 per day, up to $50,000. A licensee may request a hearing to dispute a penalty.
The hospital or skilled nursing facility licensee must make a reasonable effort to notify known next of kin about a death. Known next of kin are relatives by blood, marriage, or registered domestic partnership identified by the person or their representative, or through information in the person's belongings. A skilled nursing facility may meet this duty by notifying the person's resident representative or transferring the body to a hospital after death. A hospital or facility may meet the duty if the person wrote before death that they did not want known next of kin told about their presence or death. This rule does not cover a person who dies in the custody of the Department of Corrections and Rehabilitation. The effort must use contact information available to the facility and happen within 72 hours after death.
The licensee must notify the county public administrator when relatives cannot be located after a reasonable effort or an allowed alternative applies. This applies to deaths in general acute care hospitals and skilled nursing facilities, including when a body is transferred to a hospital after death. The notice must say the person died at the hospital or facility, or died and is being held by the hospital. The hospital or facility must share available information that may help identify the person and known next of kin. Failure to notify the county can make the hospital or facility liable for interment costs and losses to the estate or beneficiaries caused by loss, injury, waste, or misappropriation of the person's property. This rule does not cover a person who dies in the custody of the Department of Corrections and Rehabilitation. The county must be notified within two business days after a reasonable effort or an allowed alternative applies.
A hospital or skilled nursing facility that fails to give required notice is liable for a daily civil penalty. The penalties apply to general acute care hospitals and skilled nursing facilities that fail to meet the notice duties. For failing to notify next of kin, the penalty runs from when a reasonable attempt should have been made until next of kin actually learn of the death. For failing to notify the county, the penalty runs from the fifth business day after death until the county is notified. A licensee may request a hearing to dispute a penalty within 10 working days after receiving notice of it. The relative-notice penalty ends when next of kin actually learn of the death; the county-notice penalty ends when the county is notified.
No hearings or votes scheduled.