BILL NUMBER: AB 215 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2009
INTRODUCED BY Assembly Members Feuer and Smyth
( Principal coauthors:
Assembly Members Huffman and Lieu )
( Principal coauthor: Senator
Florez )
( Coauthors: Assembly Members
Carter, Jeffries, Knight, and
Silva )
FEBRUARY 3, 2009
An act to add Section 1418.21 to the Health and Safety Code,
relating to long-term health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 215, as amended, Feuer. Long-term health care facilities:
ratings.
Existing law provides for the licensure and regulation by the
State Department of Public Health of health care facilities,
including long-term health care facilities. Existing law creates the
State Health Facilities Citation Penalties Account in the Special
Deposit Fund, with the moneys in this account to be used, upon
appropriation, for prescribed purposes.
This bill would require a long-term health care facility to post,
in accordance with prescribed requirements, the overall facility
rating information determined by the federal Centers for Medicare and
Medicaid Services. Violation of this requirement would be a class B
violation, as defined, with the proceeds from fines collected to be
deposited into the State Health Facilities Citation Penalties
Account. The bill would require the department to report to
the Legislature and Governor on the results of the postings.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1418.21 is added to the Health and Safety Code,
to read:
1418.21. (a) A long-term health care facility that has been
certified for purposes of Medicare or Medicaid and provides skilled
nursing care shall post the overall facility rating information
determined by the federal Centers for Medicare and Medicaid Services
(CMS) in accordance with the following requirements:
(1) The information shall be posted in at least the following
locations, in the facility:
(A) An area accessible and visible to members of the public.
(B) An area used for employee breaks.
(C) An area used by residents for communal functions, such as
dining, resident council meetings, or activities.
(2) The information shall be posted on a white or light-colored
sheet of paper that is at least 81/2" x 11" in size , in a
clear and easily readable font of at least 20 point, and shall
include all of the following:
(A) The full name and full address of the facility.
(B) The overall star rating given by CMS to that facility. The
star rating shall be designated with the same number of star symbols
assigned by the CMS rating. The stars shall be at least one inch tall
or, if no star symbol is available, "[the number of stars given by
CMS to the facility] STARS" in capital letters may be substituted
using a clear, easily readable font of at least one inch tall print.
(C) Directly beneath the stars or number of stars information the
text "out of five stars" shall be present.
(D) The address of
the CMS Internet Web site where a detailed explanation of the posted
rating may be obtained. that includes all of the
following, in the following order:
(A) The full name of the facility, in a clear and easily readable
font of at least 30 point.
(B) The full address of the facility in a clear and easily
readable font of at least 20 point.
(C) The most recent overall star rating given by CMS to that
facility, except that a facility shall have five business days from
the date when it receives a different rating from the CMS to include
the updated rating in the posting. The star rating shall be aligned
in the center of the page. The star rating shall be expressed as the
number that reflects the number of stars given to the facility by the
CMS. The number shall be in a clear and easily readable font of at
least three inches print. Directly below the number shall be the same
number of star symbols of at least one-half inch print.
(D) Directly below the star symbols shall be the following text in
a clear and easily readable font of at least 30 point:
"The above number of stars is out of five stars."
(E) Directly below the text described in subparagraph (D) shall be
the following text in a clear and easily readable font of at least
20 point:
"The federal Centers for Medicare and Medicaid Services gave the
above rating to this facility. A detailed explanation of this rating
is maintained at this facility and will be made available upon
request."
"This information can also be accessed online at the Nursing Home
Care Compare Web site at www.medicare.gov/NHcompare."
(3) A copy of the most recent CMS report on the facility shall be
maintained at the facility, and shall be made available to residents
or the public upon request.
(b) By July 1, 2012, the department shall provide to the
Legislature and the Governor a report on the results of posting these
ratings. The report shall make recommendations for legislative,
regulatory, or fiscal initiatives that would further the goal of
improving the transparency of long-term health care. The report shall
specifically address all of the following:
(1) The number of facilities whose ratings have improved since the
enactment of this section.
(2) The number of facilities whose ratings have declined since the
enactment of this section.
(3) The number of facilities that appealed the rating initially
given by CMS.
(4) Recommended changes to the program.
(5) Other information the department deems necessary or
appropriate.
(4) The requirements of this section shall be in addition to any
other posting or inspection report availability requirements.
(c)
(b) Violation of this section shall constitute a class
B violation, as defined in subdivision (e) of Section 1424 and,
notwithstanding Section 1290, shall not constitute a crime. Fines
from a violation of this section shall be deposited into the State
Health Facilities Citation Penalties Account, created pursuant to
Section 1417.2.