Hospital dumping alleged

California officials yesterday announced new legislation making it a crime to dump hospital patients on the streets, part of a push by authorities who are investigating 55 cases of alleged dumping on L.A.'s Skid Row.

The move comes after a string of homeless dumping cases in downtown Los Angeles - including one involving a paraplegic man wearing a colostomy bag who was left on Skid Row - have generated widespread outrage.

Authorities have struggled to build cases against those who did the dumping, in part because there is no law that expressly prohibits leaving patients on the streets.

The city attorney has filed criminal charges against just one hospital, Kaiser Permanente, saying that the dumping of one homeless woman on Skid Row in 2005 amounted to false imprisonment. But that's a legal strategy that has never been tested in court and some experts question whether it would hold up.

Frustrated that the dumping continues despite repeated public warnings, the Los Angeles Police Department put hospitals on notice Wednesday that officers would immediately arrest anyone who dumps patients on skid row, using the false imprisonment charge.

"Enough is enough," said LAPD Capt. Andy Smith. "We are going to book these guys." At the same time, federal authorities confirmed that they are investigating two L.A. hospitals suspected of homeless dumping.

Michelle Griffin, with the federal Centers for Medicare & Medicaid Services, said investigators were trying to determine whether the hospital - which she would not name - violated the provisions of the Emergency Medical Treatment and Labor Act, which deals with the way hospitals treat and discharge patients.

If a hospital is found to be in violation of the act, it could be subject to discipline and civil penalties, including losing accreditation and Medicare funding, Griffin said.

"We take these allegations very seriously," she added.

The new state legislation, sponsored by Sen. Gil Cedillo, a Los Angeles Democrat, would make it a misdemeanor for any hospital facility or worker to transport patients anywhere other than their residence without their informed consent.

Individual offenders could be punished by up to two years in county jail and up to a $1,000 fine. Health-care facilities that violate the law could be slapped with penalties up to $10,000.

Jennifer Bayer, public affairs director for the Southern California Hospitals Association, said today that her group was concerned about any legislation that would criminalize or impose legislation on hospitals beyond their role in providing "acute medical care."

"The problem goes back to the lack of social services for homeless and indigent patients who end up in hospitals," Bayer said. "We are already spending $2 billion in uncompensated care providing medical treatment for indigent patients. Imposing fines or arresting people is not productive."

By RICHARD WINTON and ANDREW BLANKSTEIN

Los Angeles Times