BILL NUMBER: AB 773 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 3, 2009
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 amend
Section 1429 of 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 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.
Existing law contains posting and retention requirements
applicable to facilities receiving class "AA," class "A," and class
"B" violations.
The bill would revise requirements relating to the posting and
retention by a facility of citations for class "AA" and class "A"
violations. It would provide that violation of these class "AA,"
class "A," and class "B" posting and retention requirements would
constitute a class "B" violation, subject to a specified civil
penalty, and would require the civil penalty to be deposited into the
existing State Health Facilities Citation Penalties Account.
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 1429 of the Health
and Safety Code is amended to read:
1429. (a) Each class "AA" and class "A" citation specified in
subdivisions (b) and (c) of Section 1424 that is issued
pursuant to this section and that has become final , or a
copy or copies thereof, shall be prominently posted , as
prescribed in regulations issued by the director, until the violation
is corrected to the satisfaction of the state department up to a
maximum of for 120 days. The citation or copy
shall be posted in a place or places in plain view of the patients or
residents in the long-term health care facility, persons visiting
those patients or residents, and persons who inquire about placement
in the facility.
(1) The citation 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 citation, along with a cover sheet, shall be posted on a
white or light-colored sheet of paper, at least 81/2 by 11 inches in
size, that includes all of the following information:
(A) The full name of the facility, in a clear and easily readable
font in at least 28-point type.
(B) The full address of the facility, in a clear and easily
readable font in at least 20-point type.
(C) Whether the citation is class "AA" or class "A."
(3) The facility may post the plan of correction.
(4) The facility may post a statement disputing the citation or a
statement showing the appeal status, or both.
(5) The facility may remove and discontinue the posting required
by this section if the citation is withdrawn or dismissed by the
department, or is dismissed as a result of a citation review
conference.
(b) Each class "B" citation specified in subdivision (d) of
Section 1424 that is issued pursuant to this section and that has
become final, or a copy or copies thereof, shall be retained by the
licensee at the facility cited until the violation is corrected to
the satisfaction of the department. Each citation shall be made
promptly available by the licensee for inspection or examination by
any member of the public who so requests. In addition, every licensee
shall post in a place or places in plain view of the patient or
resident in the long-term health care facility, persons visiting
those patients or residents, and persons who inquire about placement
in the facility, a prominent notice informing those persons that
copies of all final uncorrected citations issued by the department to
the facility will be made promptly available by the licensee for
inspection by any person who so requests.
(c) A violation of this section shall constitute a class "B"
violation, and shall be subject to a civil penalty in the amount of
one thousand dollars ($1,000), as provided in subdivision (e) of
Section 1424. Notwithstanding Section 1290, a violation of this
section shall not constitute a crime. Fines imposed pursuant to this
section shall be deposited into the State Health Facilities Citation
Penalties Account, created pursuant to Section 1417.2.
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 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.
(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.