BILL NUMBER: SB 535	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2008
	PASSED THE ASSEMBLY  AUGUST 13, 2008
	AMENDED IN ASSEMBLY  AUGUST 8, 2008
	AMENDED IN SENATE  APRIL 19, 2007
	AMENDED IN SENATE  APRIL 10, 2007
	AMENDED IN SENATE  MARCH 26, 2007

INTRODUCED BY   Senator Kuehl
   (Principal coauthor: Senator Alquist)

                        FEBRUARY 22, 2007

   An act to amend Section 1422.5 of the Health and Safety Code,
relating to long-term health care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 535, Kuehl. Long-term health care facilities.
   Existing law requires the State Department of Health Services to
develop and establish a consumer information service system to
provide information to the general public and consumers regarding
long-term health care facilities in their communities. Effective July
1, 2007, these duties are transferred to the State Department of
Public Health.
   This bill would revise information to be provided and how that
information is made available to the general public and consumers.


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

  SECTION 1.  Section 1422.5 of the Health and Safety Code is amended
to read:
   1422.5.  (a) The department shall develop and establish a
statewide consumer information service system to provide current and
accurate information to the general public and consumers regarding
long-term health care facilities in their communities. The consumer
information service system shall include, but need not be limited to,
all of the following elements:
   (1) An online information system available on the Internet through
an accessible Web site. The Web site created pursuant to this
paragraph shall be operational and made available to the public by
March 1, 2009, and shall include the information elements specified
in paragraph (2).
   (2) Long-term health care facility profiles, with data on services
provided, a history of all deficiencies, citations, and complaints
for the last three full survey cycles, and current ownership
information. The profile for each facility shall include, but not be
limited to, all of the following:
   (A) The name, address, and telephone number of the facility.
   (B) Current and accurate ownership information pursuant to
Sections 1265 and 1267.5, including, but not limited to, whether the
facility is a for-profit or nonprofit provider; the name, address,
and telephone number of the facility's parent company, if applicable;
the name, address, and telephone number of the licensee; and the
name of the current administrator.
   (C) The number of licensed beds in the facility.
   (D) Whether the facility accepts Medicare or Medi-Cal patients.
   (E) Whether the facility has filed a notice of intent to withdraw
from the Medi-Cal program, and the date that the notice of intent to
withdraw was filed with the department.
   (F) Whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias, and whether the
facility participates in the voluntary disclosure program for special
care units.
   (G) Information regarding all complaints, along with any outcome,
including, but not limited to, the date of the complaint, the nature
of the complaint, the date the complaint was investigated, the action
taken, and the date of the action taken.
   (H) Information describing all state and federal deficiencies
issued to the facility, including, but not limited to, the date of
the deficiency, the nature of the deficiency, the scope and severity
of the deficiency, and a statement that the facility's plan of
correction is available upon request through the department's
district offices.
   (I) Information describing all state citations assessed,
including, but not limited to, the date of the citation, the nature
of the citation, the class of the citation, the amount of the penalty
assessed, and the status of the citation.
   (J) Updated information, on a regular and timely basis, regarding
any appeal resolution pertaining to a citation or complaint.
   (K) Information describing state enforcement actions imposed,
including, but not limited to, license suspensions, revocations, and
the appointment of temporary managers and receiverships.
   (L) Information describing federal enforcement sanctions imposed,
including, but not limited to, any denial of payment, temporary
management, termination, or any civil monetary penalty imposed.
   (M) Information on compliance with staffing ratio requirements.
   (N)  Any information or data the department deems beneficial to
the public and consumers.
   (b) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to subdivision (a),
maximize the use of available federal funds.
   (c) In implementing this section, the department shall ensure the
confidentiality of personal and identifying information of residents
and employees, and shall not disclose this information through the
consumer information service system developed pursuant to this
section.
   (d) The department shall make current written copies of the
long-term health care facility profiles available to the public
through its district offices.