BILL ANALYSIS
AB 773
Page 1
ASSEMBLY THIRD READING
AB 773 (Lieu)
As Amended June 1, 2009
Majority vote
HEALTH 16-1 APPROPRIATIONS 12-5
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|Ayes:|Jones, Fletcher, Ammiano, |Ayes:|De Leon, Ammiano, Charles |
| |Block, Carter, De La | |Calderon, Davis, Fuentes, |
| |Torre, De Leon, Emmerson, | |Hall, John A. Perez, Price, |
| |Gaines, Hall, Hayashi, | |Skinner, Solorio, |
| |Hernandez, Bonnie | |Torlakson, Krekorian |
| |Lowenthal, Nava, V. | | |
| |Manuel Perez, Salas | | |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Conway |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
| | | | |
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SUMMARY : Requires a cited long-term care facility, within 30
days of the issuance of a citation for a class "AA" or "A"
violation, to send the families of all current residents or
patients written disclosure of the violation for which the
citation was issued. Specifies content of the disclosure and
authorizes the Department of Public Health (DPH) to assess an
administrative penalty of $1,000 per day for noncompliance.
EXISTING LAW :
1)The Long-Term, Health, Safety, and Security Act of 1973, is
administered by DPH to regulate long-term care facilities.
Violations of this act are punishable by specified citations
and penalties, and in determining the a civil penalty, DPH is
required to consider all relevant facts, including the
severity of the risk to the patient, the patient's medical
condition or disability, the good faith efforts of the
facility to prevent violations, and the facility's history of
compliance.
2)Defines class "AA" citations as violations which DPH
determines have been a direct proximate cause of death to a
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patient or resident of a long-term care facility. Class "AA"
civil penalties range from $25,000 - $100,000 for each
citation.
3)Defines class "A" citations as violations which DPH determines
present either imminent danger of death or serious harm to
residents or which may result in a substantial probability of
death or serious physical harm. Class "A" civil penalties
range from $2,000 - $20,000 for each citation.
FISCAL EFFECT : The Assembly Appropriations Committee, unknown,
likely absorbable impacts to skilled nursing facilities (SNF or
nursing homes) to comply with notification requirements
established by this bill. The serious events requiring notice
are uncommon, with fewer than two dozen each year issued to an
AA citation (patient death) and fewer than 150 issued for A
citations (serious harm).
COMMENTS : This bill, according to the author, is intended to
inform residents and their families whenever serious
deficiencies have occurred at their facility. The disclosure
required by this bill will identify the violation causing the
citation, include additional information on the events
surrounding the citation, and may provide the status of any
appeal. Supporters of this bill such as the Alzheimer's
Association, state that families need to be fully informed
regarding the quality of care provided to their family members,
and that this bill assures that serious lapses in care are
quickly brought to each family's attention.
The federal Department of Health and Human Services, Office of
the Inspector General (OIG), annually surveys national
information on nursing home deficiencies. In the most recent
(2008) report, "Trends in Nursing Home Deficiency and
Complaints," OIG found that in each of the past three years,
over 91% of nursing homes surveyed were cited for deficiencies
and a greater percentage of for-profit nursing homes were cited
than were not-for-profit and government nursing homes. The most
common deficiency categories were quality of care, resident
assessment, and quality of life. Additionally, 17% of nursing
homes surveyed in 2007 were cited for actual harm or immediate
jeopardy deficiencies, and 3.6% were cited for substandard
quality of care deficiencies, representing a slight increase
since 2005. Since 2005, the number of substantiated complaints
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has decreased nearly 3%. Almost all California long-term care
facilities (99.1%) were cited for some deficiency during 2007.
Analysis Prepared by : John D. Miller/ HEALTH / (916) 319-2097
FN: 0001269