BILL NUMBER: AB 313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 9, 2011

   An act to add Section 1569.336 to the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 313, as amended, Monning. Residential care facilities for the
elderly.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure of residential care
facilities for the elderly by the State Department of Social
Services. A violation of the act is a misdemeanor.
   Existing law requires the department to notify affected placement
agencies and the Office of the State Long-Term Care Ombudsman, as
defined, whenever the department substantiates that a violation has
occurred which poses a serious threat to the health and safety of any
resident when the violation results in the assessment of any penalty
or causes an accusation to be filed for the revocation of a license.

   This bill would require a licensed residential care facility for
the elderly to provide a written notice to a resident, emergency
contact person  or legal   representative  , and
the  office   local long-term care ombudsman
 under specified conditions. By creating a new crime, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.336 is added to the Health and Safety
Code, to read:
   1569.336.  (a) A licensed residential care facility for the
elderly shall provide written notice to a resident  and
  ,  any person designated as an authorized
emergency contact for the resident  , as well as the Office
of the State Long-Term Care Ombudsman, as defined in subdivision (c)
of Section 9701 of the Welfare and Institutions Code,  
or, if applicable, legal representative of the resident, and the
local long-term care   ombudsman,  within 10 days from
 when the department substantiates   the
occurrence of any of the following events: 
    (1)     The department informs a facility
 that a violation has occurred which poses a serious threat to
the health, including mental health, and safety of any resident, as
defined in regulations adopted pursuant to Section  1569.31,
when the violation results in the commencement of  
1569.31. 
    (2)     The department commences 
proceedings to suspend or revoke the license of the facility pursuant
to Section  1569.50, or when a   1569.50. 

    (3)     A  civil or criminal action
 that relates to the health or safety of the residents  is
brought against the licensed residential care facility.
   (b) The notice provided to a resident and emergency contact person
shall include the contact information for the local Long-Term Care
Ombudsman and for the Community Care Licensing Division of the
department with a statement that directs the resident or emergency
contact to contact either the ombudsman or division for information
on the license status of the facility.
   (c) Upon providing the notice described in subdivision (a), the
licensed residential care facility shall also post a written notice,
in at least 14-point type, on or immediately adjacent to the interior
side of the main door into the facility that includes all of the
following information:
   (1) The date of the notice.
   (2) The name of the residential care facility for the elderly.

   (3) A statement that copies of all licensing reports by the
department within the preceding 12 months, including the report from
the most recent annual inspection visit of the department, 
    (3)     A statement that a copy of the most
recent licensing report prepared by the department, and any
additional reports of facility evaluation visits, within the
preceding 12 months,  may be obtained at the facility.
   (4) The name and telephone number of the contact person designated
by the department to provide information about the site visit
report.
   (d) The notice described in subdivision (c) shall remain posted
for 30 consecutive days or until the deficiencies that gave rise to
the notice are resolved, whichever is later.
   (e) A civil penalty levied for a violation of this section
pursuant to Section 1569.49 shall be in addition to any civil penalty
levied for the underlying violation that gives rise to the notice
requirements of this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.