INVESTIGATION_OF_INCIDENTS_INVOLVING_PATIENT_DUMPING.pdf

CHIEF OF DETECTIVES May 14, 2020 N OTICE 8.3 — - — — TO: All Department Personnel FROM: Chief of Detectives SUBJECT: INVESTIGATION OF INCIDENTS INVOLVING PATIENT DUMPING This Notice serves as a guide for Department personnel for the investigation of incidents involving the transportation of...

CHIEF OF DETECTIVES May 14, 2020 N OTICE 8.3 — - — — TO: All Department Personnel FROM: Chief of Detectives SUBJECT: INVESTIGATION OF INCIDENTS INVOLVING PATIENT DUMPING This Notice serves as a guide for Department personnel for the investigation of incidents involving the transportation of a patient to a location other than the patient's residence without written consent, a practice commonly known as "patient dumping." The transportation of a patient to a location other than the patient's residence without written consent by the patient or the patient's legal representative is prohibited by Los Angeles Municipal Code(LAMC)section 41.60. A violation ofthis section is a misdemeanor punishable by a fine not to exceed $1,000, or a term of probation not to exceed three years, or both. LAMC section 41.60(b) states: Prohibited Activity. A health facility may not transport or cause a patient to be transported to a location other than the patient's residence without written consent, except when the patient is transferred to another health facility following bona fide procedures in accordance with another provision of law. Definitions Health Facility means any "health facility" as defined in Section 1250 of the California Health and Safety Code. These include, but are not limited to: (a) General acute care hospital (b)Acute psychiatric hospital (c) Skilled nursing facility (d)Intermediate care facility (e) Intermediate care facility/developmentally disabled habilitative (fl Special hospital (g) Intermediate care facility/developmentally disabled (h) Intermediate care facility/developmentally disabled-nursing (i) Congregate living health facility (j) Correctional treatment center (k)Nursing facility (m)Intermediate care facility/developmentally disabled-continuous nursing (n) Hospice facility All Department Personnel Page 2 8.3 Patient's Residence means the home ofthe patient, the fixed and regular nighttime residence or domicile of the patient, or, in the case of a patient reasonably perceived to be homeless, the location the patient gives as his or her principal place of dwelling. Homeless Patient means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence that is a supervised publicly or privately-operated shelter designed to provide temporary living accommodations, or who is residing in a public or private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings. Written Consent means knowingly, intelligently and voluntarily given written consent, signed by the patient or the patient's legal representative. Investigation Guidelines When an officer, based on the totality of the circumstances, determines that a person is the victim of an unlawful "patient dumping" transport prohibited by LAMC section 41.60, a Complaint Application shall be completed(LAPD Form 05.15.00 (12/77)). The following information shall be included: Suspect: Enter "SUSPECTHealth Facility Name'" that the patient was discharged and transported from. Note: enter under heading,"Firm Name if Business" Location of Occurrence: Shelter name and address or specific street location to where the victim was illegally transported. Charge: LAMC 41.60(b)Illegal patient transport "patient dumping." Business Address: Health Facility's physical address Connected Reports: MEU Incident Report No. Involved Persons: • Victim information • Shelter operator or intake person, include shelter name, address, and phone number • Driver of transport van or taxi, Uber, or other means of transportation • Involved hospital employee, to include nurse, social worker, clerk, security guard All Department Personnel Page 3 8.3 Notifications: Officers shall notify the Unified Homelessness Response Center(UHRC) at(213)484-4855, Mental Evaluation Unit(MEU),Case Assessment Management Program(CAMP)at(213)996-1300 and obtain an MEU Incident Report number. Note: Off hour notification to CAMP shall be made to the MEU Watch Commander at (213)996-1300. Incident Number: The incident number generated from the Computer Aided Dispatch. Source of Activity: Source of call and specific location where you contacted the victim, if at a shelter include name and full address, and phone number. Investi gation: • Include the location and type of facility the victim was transported from and to. • How transported, describe driver and vehicle if not present o Were they given a Tap Card, or Voucher?(Photograph and attach.) • Describe the mental state of the victim o Are they oriented or disoriented to time, place, person, and situation? ■ Are they disoriented or urfamiliar with the location where they were transported? o Are they able to answer questions and communicate appropriately? o Are they aware of their current situation and able to access basic needs? How is the victim dressed and what is his/her physical appearance? o Were they wearing a hospital identification band (photograph and attach) o Wearing a hospital gown (photograph and attach) o Carrying discharge document/medication/personal belongings in a plastic bag (photograph and attach) o Does the victim require crutches, a walker or wheelchair? Ask if the victim gave written consent to be transported, upon discharge, to the involved shelter or location? Do they have a copy of the consent form? (photograph and attach) Security video footage of either the unlawful discharge from the hospital/facility and/or footage from the shelter or location to where the victim was transported? Iniurv/Medical Treatment: If the victim requires medical treatment, document the reason for transport, how transported, location transported to,(include name, address, and phone number), and medical record number if available. Also include whether the victim required medication upon discharge but was not provided any by the suspect hospital/facility. Have victim complete and sign the Los Angeles Police Department "Authorization to Release Medical Information," form 05.03.00(12/12) All Department Personnel Page 4 8.3 o Check the first box authorizing the release of medical records from the listed facility/facilities to the Los Angeles Police Department. o Health Facility Name, address, phone number. o Description of information to be released, be concise as to why the victim was in the hospital, medical condition, and discharge information. o Expiration, ensure the date is one year from the date of the incident. Photos, Recording, Videos, DICV,BWV &Digital Ima ing: Include the following with the investigative report • Photograph of victim • Photograph of hospital identification band, ensure it is legible in the photo. If multiple bands photo each individually • Photograph the bag of personal belongings, if there are identifiable markings on the bag ensure they are captured in the photo • Obtain consent to copy all the hospital discharge paperwork in possession of the victim • CAD Incident history printout The Detective Support and Vice Division(DSVD), Crisis Response and Support Section, MEU, CAMP is responsible for investigating and coordinating with the Los Angeles City Attorney's Office on cases involving patient dumping. Report Distribution: Original — DSVD,CRSS, CAMP,Mail Stop 400. Copy -Office of Operations, Department Homeless Coordinator, Mail Stop 400. If you have any questions regarding this Notice, please contact Lieutenant Brian Bixler, Officerin-Charge, Crisis Response Support Section, at(213)996-1349.. APPROVED: ~ ~ KRIS E. PITCHER, Deputy Chief Chief of Detectives Attachments DISTRIBUTION "D" J DOMINIC H. CHOI, Deputy Chief Chief of Staff Office of the Chief of Staff x~~~~~~ LOS ANGELES POLICE DEPARTMENT Authorization to Release Medical Information This authorization for disclosure of medical information is being requested from you in conformance with the requirements of the California Confidentiality of Medica l Information Act [Civil Code Section 56 et seq.] and [45 C.F.R. Section 164.508]. Your information: Last Name First Name MI DOB Baokina Na. ~ Doe ~ transient John ~ !Los Angeles ~ 12!01/1960 IN/A ~ Ca X90012 ~2+~-01-00055 ~ Check and complete one: ;,~! f authorize the release of the medical records from the listed facility /facilities to the Los les Police Department: ~ Health Facility Name, 123 Main Street, Los Angeles CA 90072 213-'t 11-222 _1 I authorize the Medical Services Division of the City of Los Angeles to releas e to the Los Angeles Police Department, my medical records that were genera ted while I was an arrestee/suspect whether in custod or not or a victim or a witnes at: from to Description of the information to b~ released (description must be as specif ic and eaningful as possible [C.F.R. 764.508(c}(i)], da not write "a!!" or "medica~ ~ntorma tion"). ~ Medical Records to include but not limited to: Diagnosis, treatment, medicat ion, diagnositic test; progress notes, psychiatric/psychosocial notes, evaluations, assessmen ts; social work notes, evaluations; discharge evaluation and plan; confirmation of housing/shelter; physician orders. Note: The disclosed information is not protected by law and is subjec t to redisclosure. Expiration (check and complete one): i ll This authorization for release of information will expire on: 04 15/2021 ~ ~~ This authorization will expire upon termination of the following event or occurrence {e.g., criminal, civil or administrative proceedings related to arrest): understand that: The enti receiving the information may use the information for any lawful purpose subject to No Limitation ~]Limitations as follows: have a right to receive a copy of this release. have a right to revoke my authorization in writing at anytime, except where the information was relied on or could have been obtained through other lawful means (e.g., law enforcement exceptions}. A written request t~ revoke must be submitted to: Los Angeles Police Department, Professional Standards Bureau, 304 S. Broadway, Suite 200, Los Angeles, CA 90073. ted Name: Siat1'ature: n Date Sianed~ John Doe I ( ~ .~. ~n , f, ~,n 104/1512020 1 ~J Signed by self. `~ I i~1 Signed by authorized.representative. Capacity (e.g., power of attorney, etc.), I. i Signed by parent or legal guardian if subject is under 18 years of age and subject is not an emancipated minor. 05.03.00 (12/12) 08.16.00 112!77) Los Angeles Police Department ~~~~ ~~ ~ ~ OFFENDER'S OCCUPATION ~ TrBflic ' ` Complaint COMPLAINT APPLICATION ALIA5 LAST NA►AE, FIRST, MIDDLE (FIRM NAME IF SUSINESSy PATE 9 TIME OCCURRED Suspect - (Health Facility Name) DRIVER'S LIQ NO VEH. YR. MAKE LOCATION OF OCCURRENCE VEH BODY TYPE UC. N CHARGE DR N0. 20-p1-00455 04/15/2020 333 S. San Pedro Street, Los Angeles CA 90012 (Goodnight Mission) Street /Sidewalk LAMC 41.60 (b}Illegal patient transport "patient dumping" D!RECTIQM OF TRAVEL RESIDENCE A4DRE35 PHQNE N/A VICT5. DR. LIC. N0. VEH. YR. MAKE VICTS. VEH, BO LiC. N0. ---~ BUSWE68 ADDRESS 123 Main Street, Lob Angeles CA 90012 (Health Facility Name} DSREC TYPE fiEX N pF TRAVEL DESCENT HAIR EYES NEIGH7 WEIGII7 ACiE ' 2-CONNECTED REPORTS V - VICTIM W - 1, W - 2, ETC. -WITNESSES NAIL. Dae, John V PHONE (213) 111-2222 D08 • 1-CANCELLED CITATIpN N0. MEU Report No. 123456 CODE: 1200 N!A If Juv. Viet„ P -PARENTS Y ADDRESS (R -RESIDENCE, 8 - eU51NESS) PHONE a ~g42 Transient B M-W pQB12-01-80 CpL#N7778282 W~ Smith, Mary F-Hisp DOB 01-01-70 CDL#C4443737 W2 Thomas, Jo M-B DOB 02-02-50 CDL#D4551111 X (818) 444-3333 R Intake GoordinatorlGoodnight Mission e 333 S. San Pedro Street, Los Angeles CA 90012 R Van Drives/Health Faality a 123 Main Street, Los Angeles CA 90012 {213) 222-4A44 (213) T11-2222 R 8 A7 THE TIME OF TH16 REPORT, WERE THERE: ORAL OR WRITTEN STATEMENTS BV OFFENDER ; ;Y ` ,! N yy~y'g, I~/'~V TAPE RECOR~IN~& OF ~ JN PHOTOGRAPHS OF jN OFFENQER ~ .IY yy~7g. ;✓;Y ,_JN OFFENDER OTHER EVIDENCE (TYPE a DISPOSITION. IF MORE SPACE IS REQUIRED, INCLU4E 1N OFFICERS STATEMENT). E_.IY I IN yICTiM l~Y t~N .OTHER PHOTOS ~,(~1' __i N STATEMENTS(START WITN OFFICER'S 9TA7EMENT. INCLUDE E38ENTIAL ELEMENTS OF ALL VIOLATIONS. EXPLAIN YE8 ANSWERS TO ABOVE QUESTIONS ON ORAL STATEMENTS, ETC. I DENTIFY STA7EMEN1'S BY CODE IN MgR01N: O -OFFENDER', V, W-t, ETC.) OFCR Notifications: Officer Jones, Serial No. 12345, Unified Homelessness Response Center, O~cer Smith, Serial No. 12346 Mental Evaluation Unit(MEU), Case Assessment Management Program (CAMP). Incident No. 20041 Q00005100 Source of Activity: i Investigation: Injury/Medical Treatment: Photo, Recordings, videos, pICV, BWC &Digital Imaging: Additional: Court Information: USE CONTINUATION SHEET, 18.08.00, IF MORE SPACE IS NEEDED. 1. IF A COMPLAINT APPUCATIpN IS MADE AFTER A CITATION {S COMPLETED OR STARTED, A CITATION CANCELLATION REQUEST, FORM 04.46.00, SHALL 6E COMPLETED USING THE CpMPLAIN7 APPLICATION DR NO., THE COMPLAINT APPLICATION SHALL LIST THE E58ENTIAL ELEMENTS AND LOCATIONS OF ALL VIOLATIONS. 2. A COPY OF ANY REPORT USED TO ESTABLISH PROBABLE CAUSE FOR THIS COMPLAINT MU6T BE FORWARDED WITH THE C. A,'S COPIES OF THI6 REPORT. SUPERVISOR APPROVING OFFICER(8) NAME SERIAL N0. 6ER~AL N0. SN~IOIdfDETAIL VACATION DATE b TIME REPRODUCED EXTRA COPY TO: DIY. ❑ ABC Reed, Jim 2430 Central 03/15/2Q20 Mei~oy, Pecs ~aa ce~t~ai o~~sizozo oa~~vzozo 04/11!2020 CLERK ❑ CID