BILL NUMBER: AB 773	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2009
	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: citations:
notifications.
   Under existing law, the Long-Term Care, Health, Safety, and
Security Act of 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 
and to the primary contacts listed in the admission agreement of
each resident and patient  , as specified. 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
require the department to waive the administrative penalty if the
facility can demonstrate that it mailed written notification to the
residents and patients and to the primary contacts listed in the
admission contract of each resident and patient, as specified  .

   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.   (a)    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.   all
current residents and patients and to the primary contacts listed in
the admission agreement of each resident and patient.  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 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.  
   (b) If the facility fails to send the notifications pursuant to
this 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 shall waive a penalty imposed pursuant
to this section if the facility can demonstrate that it has mailed
written notification to all current residents and patients and to the
primary contacts listed in the admission contract of each resident
and patient. The department shall accept a copy of the written notice
and a copy of the list of individuals and mailing addresses to whom
the facility sent the notification as satisfactory evidence that the
facility provided the required written notification.