BILL NUMBER: AB 464	CHAPTERED  07/24/03

	CHAPTER  105
	FILED WITH SECRETARY OF STATE  JULY 24, 2003
	APPROVED BY GOVERNOR  JULY 23, 2003
	PASSED THE ASSEMBLY  JULY 10, 2003
	PASSED THE SENATE  JULY 7, 2003
	AMENDED IN SENATE  JUNE 11, 2003
	AMENDED IN ASSEMBLY  MAY 12, 2003
	AMENDED IN ASSEMBLY  APRIL 29, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 14, 2003

   An act to add Sections 1586.6 and 1586.7 to the Health and Safety
Code, relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 464, Levine.  Adult day health care centers.
   Existing law provides for the implementation of adult day health
care center oversight by the State Department of Health Services, and
authorizes that department to enter into an interagency agreement
with the California Department of Aging for the administration of
that program.  Existing law establishes standards for the licensure
of adult day health care centers.
   This bill would prohibit an adult day health care center from
requiring family members to attend the center or assist the
participant with activities of daily living while at the center.
This bill would also prohibit an adult day health care center from
discriminating because of race, color, creed, national origin, sex,
sexual orientation, or physical or mental disabilities.  It would
provide that the program may not admit any participants to the
program that, in the clinical judgment of those administering the
program, cannot be appropriately cared for by the program.
   Under existing law, any person who negligently, repeatedly, or
willfully violates the provisions of law relating to adult day health
care facilities is guilty of a misdemeanor.
   Because this bill would change the definition of a crime, this
bill would result in a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1586.6 is added to the Health and Safety Code,
to read:
   1586.6.  Adult day health care centers may not require family
members to attend the center or assist the participant with
activities of daily living while at the center.
  SEC. 2.  Section 1586.7 is added to the Health and Safety Code, to
read:
   1586.7.  (a) Adult day health care centers may not discriminate
because of race, color, creed, national origin, sex, sexual
orientation, or physical or mental disabilities.  Centers shall
accommodate individuals with physical disabilities by ensuring that
they have access to bathrooms, hallways, and door entrances, and by
providing safe and adequate parking and passenger loading areas.  All
staff at centers shall be trained and able to interact with
participants with physical disabilities.
   (b) Notwithstanding subdivision (a), the program may not admit any
participants to the program that, in the clinical judgment of those
administering the program, cannot be appropriately cared for by the
program.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.