BILL ANALYSIS
AB 773
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 773 (Lieu)
As Amended September 3, 2009
Majority vote
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|ASSEMBLY: |56-19|(June 2, 2009) |SENATE: |23-14|(September 10, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Specifies the format for compliance with the existing
requirement that a long-term care (LTC) facility post
notification of a citation for a class "AA" or class "A"
violation in plain view for 120 days, deletes the existing
requirement that the citation is "final" and that the Department
of Public Health (DPH) issue regulations.
The Senate amendments :
1)Require a LTC facility to post class "AA" or class "A"
citations in at least the following locations:
a) An area accessible and visible to the public;
b) An area used for employee breaks; and,
c) An area used by residents for communal functions.
2)Specify a uniform method of posting the citation and other
relevant information.
3)Allow the facility to post the plan of correction, a statement
disputing the citation, and to remove the posting if it is
withdrawn by DPH or is dismissed.
4)Provide that a class "B" violation is subject to a $1,000
fine.
5)Delete the requirement that the citation is final before the
posting requirement is applicable.
EXISTING LAW :
AB 773
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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
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.
4)Defines class "B" violations as violations that DPH determines
have a direct or immediate relationship to the health, safety,
or security of long-term health care facility patients or
residents, other than class "AA" or "A" violations.
5)Requires DPH to establish a consumer information service
system to provide information to the general public and
consumers regarding LTC facilities including a history of
citations and complaints.
6)Requires the facility to prominently post a copy of any class
"A" or class "AA" citation that has become final until the
violation is corrected to the satisfaction of DPH, up to a
maximum of 120 days.
AS PASSED BY THE ASSEMBLY , this bill required a cited LTC
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. Specified content of the
disclosure and authorized DPH to assess an administrative
penalty of $1,000 per day for noncompliance.
AB 773
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The current regulations require the citation to be
posted until the violation is corrected to the satisfaction of
DPH. When a citation is issued, the facility provides a "plan
of action" to DPH. Under the existing law and regulation,
facilities maintain that DPH's approval of the plan of action
satisfies the requirements and allows them to remove the notice.
The author states this bill is intended to clarify that the
notice must be posted for a full 120 days, regardless of whether
a plan of correction has been approved.
Analysis Prepared by : Marjorie Swartz/ HEALTH / (916)
319-2097
FN: 0003049