BILL NUMBER: AB 828 CHAPTERED 10/10/01 CHAPTER 680 FILED WITH SECRETARY OF STATE OCTOBER 10, 2001 APPROVED BY GOVERNOR OCTOBER 10, 2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN ASSEMBLY MAY 17, 2001 AMENDED IN ASSEMBLY MAY 2, 2001 AMENDED IN ASSEMBLY APRIL 18, 2001 INTRODUCED BY Assembly Member Cohn FEBRUARY 22, 2001 An act to amend Section 1419 of the Health and Safety Code, relating to health. LEGISLATIVE COUNSEL'S DIGEST AB 828, Cohn. Long-term care facilities. Existing law requires the State Department of Health Services to administer provisions relating to the licensing of long-term health care facilities. This bill would require the department to establish a centralized consumer response unit in the Licensing and Certification Division of the department. The bill would require the unit to provide certain consumer education and information about licensing and federal certification standards, resident rights, availability of facilities, referral to other entities as appropriate, and facility compliance history; to participate in telephone conference calls to resolve disputes within the authority of the department; and to initiate onsite investigations in response to oral or written complaints, concerns, or inquiries if the unit determines that there is a reasonable basis to believe that the allegations in the complaints describe one or more violations of state law by a long-term health care facility. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares that: (a) Over 13,000 oral and written complaints are filed each year with the Licensing and Certification Division of the State Department of Health Services. (b) Currently, the department is required to respond to all complaints with an onsite investigation to determine if the complaint can be substantiated. A large percentage of these complaints do not allege sufficient facts to constitute a violation of state licensing or federal certification requirements, or the alleged facts cannot be substantiated upon investigation. (c) As a result of the high volume of complaints, complaints are frequently not resolved within statutory timelines, resulting in consumer dissatisfaction and frustration. (d) Residents, friends, and family members expect a prompt response to their questions, concerns, and complaints, including the status of the complaint. SEC. 2. It is the intent of the Legislature to: (a) Establish a centralized Consumer Response Unit within the Licensing and Certification Division of the State Department of Health Services that is authorized to expedite responses to consumer concerns. (b) Promote improved public service by addressing consumer concerns as expeditiously as possible. (c) Provide the public with additional options by allowing flexibility in determining if an informal resolution between the complainant and the facility can be achieved. (d) Ensure that residents and family members understand their rights, the relevant regulations, and potential referrals to other agencies, so that they may better advocate for their rights. (e) Ensure that residents and family members have a single point of contact during the progress of the investigation. SEC. 3. Section 1419 of the Health and Safety Code is amended to read: 1419. (a) The department shall establish a centralized consumer response unit within the Licensing and Certification Division of the department to respond to consumer inquiries and complaints. (b) Upon receipt of consumer inquiries, the unit shall offer assistance to consumers in resolving concerns about the quality of care and the quality of life in long-term health care facilities. This assistance may include, but shall not be limited to, all of the following: (1) Offering to provide to consumers education and information about state licensing and federal certification standards, resident rights, name and address of facilities, referral to other entities as appropriate, and facility compliance history. (2) Offering to participate in telephone conference calls between consumers and providers to resolve concerns within the scope of the authority of the department. If the inquiry or concern is determined to warrant an onsite investigation, the inquiry or concern shall be considered a complaint and handled pursuant to the complaint investigation process set forth in Section 1420. (3) Initiating onsite investigations in response to oral or written complaints made pursuant to this section if the unit determines that there is a reasonable basis to believe that the allegations in the complaints describe one or more violations of state law by a long-term care facility. (c) Nothing in subdivision (a) or (b) shall preclude the department from taking any or all enforcement actions available under state or federal law. (d) Any person may request an inspection of any long-term health care facility in accordance with this chapter by giving to the department oral or written notice of an alleged violation of applicable requirements of state law. Any written notice may be signed by the complainant setting forth with reasonable particularity the matters complained of. Oral notice may be made by telephone or personal visit. Any oral complaint shall be reduced to writing by the department. The substance of the complaint shall be provided to the licensee no earlier than at the commencement of the inspection. (e) Neither the substance of the complaint provided the licensee nor any copy of the complaint or record published, released, or otherwise made available to the licensee shall disclose the name of any individual complainant or other person mentioned in the complaint, except the name or names of any duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this chapter, unless the complainant specifically requests the release of the name or names or the matter results in a judicial proceeding.