BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 773|
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THIRD READING
Bill No: AB 773
Author: Lieu (D)
Amended: 9/3/09 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 8-3, 7/8/09
AYES: Alquist, Cedillo, DeSaulnier, Leno, Maldonado,
Negrete McLeod, Pavley, Wolk
NOES: Strickland, Aanestad, Cox
SENATE APPROPRIATIONS COMMITTEE : 7-5, 8/17/09
AYES: Kehoe, Hancock, Leno, Oropeza, Price, Wolk, Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Corbett
ASSEMBLY FLOOR : 56-19, 6/2/09 - See last page for vote
SUBJECT : Health facilities: citations: notifications
SOURCE : Author
DIGEST : This bill requires long-term care facilities to
post specified citations for 120 days, as specified.
Senate Floor Amendments of 9/3/09 delete the current
contents of the bill which requires notification to
residents and their primary contacts of a Class "A" or
Class "AA" citation, and instead require long-term care
facilities to past Class "AA" and "A" citations for 120
days.
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ANALYSIS : Existing law defines Class "A" violations
which the Department of Public Health (DPH) determines
present either (1) imminent danger that death or serious
harm to the patients or residents of the long-term health
care facility would result; or (2) substantial probability
that death or serious physical harm to patients or
residents of the long-term health care facility would
result. A Class "A" citation is subject to a civil penalty
of at least $2,000 and not more than $20,000 for each
citation.
Existing law defines Class "AA" violations as violations
that meet the criteria for Class "A" violation and that DPH
determines to have been a direct proximate cause of death
of a patient or resident of a long-term health care
facility. A Class "AA" citation is subject to a civil
penalty of at least $25,000 and not more than $100,000 for
each citation.
Existing law requires each Class "AA" and Class "A"
citation that has become final to be prominently posted at
the facility, as prescribed in DPH regulations, until the
violation is corrected to the satisfaction of DPH, up to a
maximum of 120 days. The citation or a copy of the
citation must be posted in a place or paces in plain view
of the patients or residents in the long-term care
facility, persons visiting those patients or residents, and
persons who inquire about placement in the facility.
This bill requires long-term care facilities to post Class
"AA" and "A" citations for 120 days. This bill deletes the
requirement in existing law that the posting be prescribed
in regulations issued by DPH, and that the violations be
posted until the violation is corrected to the satisfaction
of DPH, up to a maximum of 120 days. This bill deletes the
requirement in existing law that the citation become final
before it is required to be posted. Additionally, the bill
specifies the minimum locations where the citation must be
posted, the paper and font size of the posting (which must
include the name and address of the facility) and require
the posting to include whether the citation is a Class AA
or Class A citation.
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The bill allows the facility to post the plan of
correction, a statement disputing the citation, or a
statement showing the appeal status (or both).
Additionally, the facility can remove and discontinue the
posting if the citation is withdrawn or dismissed by DPH,
or is dismissed as a result of the citation review
conference.
This bill requires a violation of the posting requirements
to constitute a Class "B" violation that is subject to a
civil penalty in the amount of $1,000. Such a violation
will not constitute a crime. Fines imposed under this
provision will be deposited in the State Health Facilities
Citation Penalties Account in existing law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
CDPH regulations $70 $120 $0 Special*
*State Department of Public Health Licensing and
Certification Program Fund
SUPPORT : (Verified 9/4/09)
Area Agency on Aging
California Advocates for Nursing Home Reform
California Retired Teachers Association
California Therapeutic Communities
Congress of California
Disability Rights California
Professional Fiduciary Association
SEIU
ARGUMENTS IN SUPPORT : The California Retired Teachers
Association writes in support that individuals who are in
the skilled nursing facilities (SNFs), are some of the most
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vulnerable populations in California. Because they are
vulnerable, CRTA argues they need to be guaranteed they
will have appropriate care that will not result in
increasing their vulnerability, and this bill will make
SNFs more sensitive to their patients and ensure
appropriate services. The Congress of California Seniors
writes in support that continuing dangerous practices is
less likely because the facility could no longer expect to
keep their actions a secret.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Tom Berryhill,
Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Furutani, Gaines, Gilmore, Hall, Hayashi,
Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, Niello, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Torrico, Tran, Yamada, Bass
NOES: Anderson, Blakeslee, Conway, Cook, DeVore, Fuller,
Garrick, Hagman, Harkey, Huber, Jeffries, Knight, Logue,
Nestande, Nielsen, Silva, Smyth, Audra Strickland,
Villines
NO VOTE RECORDED: Bill Berryhill, Block, Duvall, Galgiani,
Miller
CTW:JJA:do 9/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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