LOS ANGELES – Los Angeles City Attorney Rocky Delgadillo has announced a landmark settlement agreement with Kaiser Foundation Hospitals that will establish first-of-their kind, court-ordered protocols for the discharge of homeless patients.

The court order, when entered, will require all Los Angeles County Kaiser hospitals to implement detailed protocols for the discharge of homeless patients; enjoin these hospitals from discharging homeless patients other than in accord with the protocols; require the hospitals to train personnel responsible for homeless patient discharge in the requirements of the protocols; and appoint Lourdes Baird, a former U.S. Attorney and retired U.S. District Judge, as referee to monitor Kaiser’s compliance with the order.

“From day one, our objective has been to make progress in the battle to end the inhumane and illegal practice of homeless patient dumping and to establish a best practices protocol for the release of homeless patients,” says Delgadillo. “We were able to achieve our ultimate goal. I hope this will serve as a model for all other hospitals in the greater Los Angeles area and across the nation.”

“This agreement is an example of what can happen when people of good will sit down together,” says Benjamin Chu, M.D., president of the Kaiser Permanente Southern California Region. “It’s another step in our efforts to work with the City Attorney and community leaders to bring positive change to the health and wellbeing of the homeless in Los Angeles.”

As further part of the settlement, Kaiser will pay $5,000 in civil penalties based upon an incident involving Carol Ann Reyes, a homeless woman who was discharged to Skid Row by Kaiser’s Bellflower facility on March 20, 2006. A video surveillance camera captured Reyes wandering in a daze, in little more than a hospital gown, after being dropped off by a taxi at curbside on San Pedro Street, near the Union Rescue Mission.

Kaiser will also pay $50,000 in investigative costs to the City Attorney’s Office. In connection with the settlement, Kaiser has agreed to contribute $500,000 to a charitable foundation. This money will be distributed by an independent committee to support: a) the development of an electronic database to provide Los Angeles County hospitals with current information regarding shelter bed availability; b) the creation of a free legal clinic in the Skid Row area to assist eligible homeless persons in obtaining healthcare benefits; and c) increase the number of recuperative beds available in the City.

“Meeting the needs of the homeless at times seems insurmountable,” says Councilwoman Jan Perry of the 9th District. “Many and especially the elderly often have chronic complex medical as well as mental health problems that require a significant amount of care. I want to thank Kaiser Permanente for providing a comprehensive plan to better meet the needs of the homeless when they seek treatment at Kaiser facilities and are in need of discharge planning that addresses their needs. It is my hope that this higher standard of care will be implemented at hospitals throughout the Los Angeles region.”

“We hope that this settlement will remind us all of the precious value of the life of each and every human being,” says Andy Bales, President of the Union Rescue Mission. “Today brings us that much closer to ensuring that not even one person will be abandoned on our streets.”

Earlier reports of private Los Angeles County hospitals dumping homeless patients in the Skid Row area resulted in an investigation by Delgadillo’s prosecutors into this practice. The investigation, which is ongoing, is being carried out in partnership with the ACLU, the Public Counsel Law Center, and the LAPD.

In addition to the investigation, Delgadillo’s office is working with State Senator Gil Cedillo to pass SB 275, a bill that would prohibit hospitals from transporting a patient to a location other than the patient’s residence without his or her knowing and voluntary consent. The bill would make a violation of this prohibition punishable as a criminal offense.

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A City of Los Angeles press release.

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