The Overview

If a family member dies in a California hospital or skilled nursing facility, the facility must now make a reasonable attempt to notify you, or face a fine of up to $50,000. California's Health care facilities: notification of next of kin, AB 2598 became law when Gov. Gavin Newsom (D) signed it Sept. 27. ​

MedPage Today reported that Mercy San Juan Medical Center in California had for years transported deceased patients to an off-site morgue without notifying next of kin, leaving families searching for relatives who appeared to have disappeared. KCRA also linked the bill to its own *Dignity Delayed* investigation.

What the Law Does

The law requires the licensee in charge of a general acute care hospital or skilled nursing facility to make a reasonable attempt to notify any known next of kin when a patient dies. That requirement is met if a skilled nursing facility notifies the resident representative or transfers the body to a hospital, or if the patient had previously stated in writing that they did not want next of kin notified. Either way, the facility must still notify the county public administrator.

A facility that fails to notify next of kin when a patient dies faces a civil penalty of $200 per day, up to a maximum of $50,000. A separate penalty of up to $200 per day, also capped at $50,000, applies if the facility fails to notify the county public administrator, measured from the fifth business day after death. A licensee that disputes a penalty may request a hearing within 10 working days of receiving notice.

Legislative Status

Asm. Maggy Krell (D-CA-6) sponsored the bill, with co-authors Asm. Cecilia Aguiar-Curry (D-CA-4), Asm. Ash Kalra (D-CA-25), and Asm. Catherine Stefani (D-CA-19). The full Assembly passed it 78-0 on May 27, the full Senate passed it 39-0 on Aug. 27, and the Assembly concurred in Senate amendments 79-0 on Aug. 30.

KCRA reported that the Assembly Health Committee advanced the bill after the station linked it to its *Dignity Delayed* investigation, describing the proposal as clarifying that health facilities must notify next of kin and that failing to do so could have consequences, according to KCRA.

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