Hospitals that discharge homeless patients on the streets of Los Angeles without their consent could be charged with misdemeanors and fined up to $25,000 under a proposed ordinance that received preliminary approval Wednesday from the City Council.
The measure is intended to curb dumping, the practice of taking patients from a hospital by taxi or ambulance and leaving them on skid row downtown. Under the new law, a health facility would not be allowed to transport a patient to a location other than his or her residence without written consent.
In the last few years, city officials have mounted a concerted effort to halt patient dumping. The city attorney's office has investigated more than 50 cases since 2005 but has filed cases against only a few hospitals.
"The only reason we are here is because people have been dumped on the streets," said Councilwoman Jan Perry, who introduced the ordinance. Perry, who represents much of downtown, said the measure would provide the city attorney with additional tools to combat the problem.
Until now, prosecutors have relied primarily on civil actions against hospitals suspected of dumping, often citing a state law regulating unfair business practices.
Under the proposed ordinance, hospitals could be criminally prosecuted for patient dumping and, if found guilty, could be fined, put on probation or both.
Jeff Isaacs, head of the city attorney's criminal division, told council members the new ordinance "sets up clear guidelines" about what hospitals can do.
The council approved the ordinance by a 12-1 vote, with Ed Reyes and Bernard C. Parks absent and Tom LaBonge the lone dissenter.
LaBonge said he thought that the city should not take responsibility for patient dumping without seeking the participation of Los Angeles County, which oversees public health for the region.
Because the vote wasn't unanimous, the measure will go before the council again next week. If a majority approves it then, it will go to the mayor for final approval.
Officials from the Hospital Assn. of Southern California, which represents more than 170 hospitals, opposed the ordinance, saying hospitals could risk losing federal funding if found guilty of a misdemeanor. Officials from the city attorney's office disputed that interpretation of federal law.
