BILL NUMBER: AB 313	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 9, 2011

   An act to amend Section 1569.682 of, and 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.
   (1) 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  prescribed  written notice to a
resident, the resident's responsible party, if any, and the local
long-term care ombudsman under specified conditions.
   (2) Existing law  require   requires  a
licensee of a licensed residential care facility for the elderly to
take all reasonable steps to transfer affected residents safely as a
result of the forfeiture of a license or the  charge
  change  of use of the facility pursuant to the
department's regulations.
   This bill would require the licensee to take all reasonable steps
to transfer affected residents safely as the result of the revocation
of the license.
   (3) 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, the resident's
responsible party, if any, and the local long-term care ombudsman,
within 10 days from the occurrence of either of the following events:

    (1) The department commences proceedings to suspend or revoke the
license of the facility pursuant to Section 1569.50.
   (2) A 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 the resident's
responsible party, if any, shall include the contact information for
the local  Long-Term Care Ombudsman   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) The notice, described in subdivision (a), provided to a
resident and the resident's responsible party, if any, shall include
the reason given for the commencement of proceedings to suspend or
revoke the license of the facility, or the reason given for criminal
action brought against the licensed residential care facility. 

   (c) 
    (d)  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, in a conspicuous location in the
facility, that may include where the mail boxes are located, where
the facility license is posted, or any other easily accessible
location in the facility. The posting shall include 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 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) 
    (e)  The notice described  in subdivision (c)
  required to be posted pursuant to subdivision (d)
 shall remain posted until the deficiencies that gave rise to
the notice are resolved. 
   (e) 
    (f)  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. 
    (f) 
    (g)  For purposes of this section, "responsible party"
means an individual, including the patient's relative, health care
surrogate decision maker, or a placement agency, who assists the
resident in placement or assumes varying degrees of responsibility
for the well-being of the resident, as designated by the resident in
writing.
   SEC. 3.   SEC. 2.   Section 1569.682 of
the Health and Safety Code is amended to read:
   1569.682.  (a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the
facility to another facility or to an independent living arrangement
as a result of the forfeiture of a license, as described in
subdivision (a), (b), or (f) of Section 1569.19, change of use of the
facility pursuant to the department's regulations,  or 
revocation of a license, take all reasonable steps to transfer
affected residents safely and to minimize possible transfer trauma,
and shall, at a minimum, do all of the following:
   (1) Prepare, for each resident, a relocation evaluation of the
needs of that resident, which shall include both of the following:
   (A) Recommendations on the type of facility that would meet the
needs of the resident based on the current service plan.
   (B) A list of facilities, within a 60-mile radius of the resident'
s current facility, that meet the resident's present needs.
   (2) Provide each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction. The notice shall include all of the following:
   (A) The reason for the eviction, with specific facts to permit a
determination of the date, place, witnesses, and circumstances
concerning the reasons.
   (B) A copy of the resident's current service plan.
   (C) The relocation evaluation.
   (D) A list of referral agencies.
   (E) The right of the resident or resident's legal representative
to contact the department to investigate the reasons given for the
eviction pursuant to Section 1569.35.
   (3) Discuss the relocation evaluation with the resident and his or
her legal representative within 30 days of issuing the notice of
eviction.
   (4) Submit a written report of any eviction to the licensing
agency within five days.
   (5) Upon issuing the written notice of eviction, a licensee shall
not accept new residents or enter into new admission agreements.
   (6) (A) For paid preadmission fees in excess of five hundred
dollars ($500), the resident is entitled to a refund in accordance
with all of the following:
   (i) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
   (ii) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
   (iii) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
   (iv) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
   (B) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
   (C) The preadmission refund required by this paragraph shall be
paid within 15 days of issuing the eviction notice. In lieu of the
refund, the resident may request that the licensee provide a credit
toward the resident's monthly fee obligation in an amount equal to
the preadmission fee refund due.
   (7) If the resident gives notice five days before leaving the
facility, the licensee shall refund to the resident or his or her
legal representative a proportional per diem amount of any prepaid
monthly fees at the time the resident leaves the facility and the
unit is vacated. Otherwise the licensee shall pay the refund within
seven days from the date that the resident leaves the facility and
the unit is vacated.
   (8) Within 10 days of all residents having left the facility, the
licensee, based on information provided by the resident or resident's
legal representative, shall submit a final list of names and new
locations of all residents to the department and the local
ombudsperson program.
   (b) If seven or more residents of a residential care facility for
the elderly will be transferred as a result of the forfeiture of a
license, revocation of a license, or change in the use of the
facility pursuant to subdivision (a), the licensee shall submit a
proposed closure plan to the department for approval. The department
shall approve or disapprove the closure plan, and monitor its
implementation, in accordance with the following requirements:
   (1) Upon submission of the closure plan, the licensee shall be
prohibited from accepting new residents and entering into new
admission agreements for new residents.
   (2) The closure plan shall meet the requirements described in
subdivision (a), and describe the staff available to assist in the
transfers. The department's review shall include a determination as
to whether the licensee's closure plan contains a relocation
evaluation for each resident.
   (3) Within 15 working days of receipt, the department shall
approve or disapprove the closure plan prepared pursuant to this
subdivision, and, if the department approves the plan, it shall
become effective upon the date the department grants its written
approval of the plan.
   (4) If the department disapproves a closure plan, the licensee may
resubmit an amended plan, which the department shall promptly either
approve or disapprove, within 10 working days of receipt by the
department of the amended plan. If the department fails to approve a
closure plan, it shall inform the licensee, in writing, of the
reasons for the disapproval of the plan.
   (5) If the department fails to take action within 20 working days
of receipt of either the original or the amended closure plan, the
plan, or amended plan, as the case may be, shall be deemed approved.
   (6) Until such time that the department has approved a licensee's
closure plan, the facility shall not issue a notice of transfer or
require any resident to transfer.
   (7) Upon approval by the department, the licensee shall send a
copy of the closure plan to the local ombudsperson program.
   (c) (1) If a licensee fails to comply with the requirements of
subdivision (a), and if the director determines that it is necessary
to protect the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
the department shall take any necessary action to minimize trauma for
the residents. The department shall contact any local agency that
may have placement or advocacy responsibility for the residents, and
shall work with those agencies to locate alternative placement sites,
contact relatives or other persons responsible for the care of these
residents, provide onsite evaluation of the residents, and assist in
the transfer of residents.
   (2) The participation of the department and local agencies in the
relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing the relocation services. If
the licensee fails to provide the relocation services required in
subdivisions (a) and (b), then the department may request that the
Attorney General's office, the city attorney's office, or the local
district attorney's office seek injunctive relief and damages in the
same manner as provided for in Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 of the Business and Professions Code.
   (d) A licensee who fails to comply with requirements of this
section shall be liable for the imposition of civil penalties in the
amount of one hundred dollars ($100) per violation per day for each
day that the licensee is in violation of this section, until such
time that the violation has been corrected. The civil penalties shall
be issued immediately following the written notice of violation.
However, if the violation does not present an immediate or
substantial threat to the health or safety of residents and the
licensee corrects the violation within three days after receiving the
notice of violation, the licensee shall not be liable for payment of
any civil penalties pursuant to this subdivision related to the
corrected violation.
   (e) A resident of a residential care facility for the elderly
covered under this section, may bring a civil action against any
person, firm, partnership, or corporation who owns, operates,
establishes, manages, conducts, or maintains a residential care
facility for the elderly who violates the rights of a resident, as
set forth in this section. Any person, firm, partnership, or
corporation who owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who violates
this section shall be responsible for the acts of the facility's
employees and shall be liable for costs and  attorney
  attorney's  fees. Any such residential care
facility for the elderly may also be enjoined from permitting the
violation to continue. The remedies specified in this section shall
be in addition to any other remedy provided by law.
   (f) This section  does   shall  not
apply to a licensee that has obtained a certificate of authority to
offer continuing care contracts, as defined in paragraph (8) of
subdivision (c) of Section 1771.
  SEC. 3.  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.