BILL NUMBER: AB 773	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 30, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 26, 2009

   An act to add Section 1424.6 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 773, as amended, Lieu. Health facilities:  fines.
  citations: notifications. 
   Under existing law, the Long-Term  Care  , Health,
Safety, and Security Act of  1973;   1973, 
the State Department of Public Health administers various
requirements pertaining to long-term health care facilities.
Violation of these provisions is punishable by various classes of
administrative citations with corresponding administrative penalties.

   This bill would require, within 30 days of the issuance of a class
"AA" or class "A" violation citation, that the cited facility send
written notification to the last known address of the primary contact
for all current residents and patients, as specified.  The
  If the facility fails to send the notifications, the
 bill would allow the department to assess an administrative
penalty of $1,000 per day for each day following the end of the
30-day notification  period, but would permit the department
to waive or lower the penalty if it finds that the facility has made
its best efforts to comply with the notification requirements
  period  .
   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 1424.6 is added to the Health and Safety Code,
to read:
   1424.6.  Within 30 days of the issuance of a citation for a class
"AA" or class "A" violation pursuant to Section 1424 or 1424.5, the
cited facility shall send written notification to the last known
address of the primary contact for all current residents and
patients. The notice shall disclose the violation for which the
citation was issued, the date of the citation,  and  a
telephone number or Internet Web site address for the department
where more information on the citation may be accessed. If the
facility is appealing the citation, the notice may also include that
fact. If the facility fails to send the notifications pursuant to
this  paragraph   section  , the department
may assess an administrative penalty of one thousand dollars
($1,000) for each day following the end of the  30-day
period. The department may waive or lower the penalty if it finds
that the facility has made its best efforts to comply with this
paragraph.   30-day period.