BILL NUMBER: AB 773	CHAPTERED
	BILL TEXT

	CHAPTER  472
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 10, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2009
	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 amend Section 1429 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 773, 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.
   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.


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, or a copy or
copies thereof, shall be prominently posted 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.