BILL NUMBER: AB 419 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mitchell
FEBRUARY 14, 2011
An act to amend Sections 1523.1, 1526.75, 1534, 1568.05, 1568.07,
1569.185, 1569.20, 1569.33, 1596.803, 1596.858, 1597.09, 1597.13,
1597.14, and 1597.55a of, and to repeal Sections 1526.5 and 1569.24
of, the Health and Safety Code, relating to community care
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 419, as introduced, Mitchell. Community care facilities.
Under existing law, the State Department of Social Services
licenses and regulates community care facilities that provide
nonmedical residential care, day treatment, adult day care, or foster
family agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children.
Under existing law the department charges various fees for the
initial and renewal licensure of various types of facilities, based
on capacity of the facility. Existing law also requires the
department to charge a plan of correction fee of $200 when a licensee
does not implement a plan of correction on or prior to the date
specified in the plan.
This bill would increase the initial application and renewal fees
for these licenses, as prescribed. The bill would also replace the
plan of correction fee with a reinspection fee of $100, to be
assessed when an inspection of a facility is necessary to ensure that
a violation has been corrected.
Existing law requires the department to conduct an annual
unannounced visit to a community care facility if any of various
specified conditions are met. Existing law also requires the
department to inspect residential care facilities and residential
care facilities for the elderly within 90 days after a facility
accepts its first client for placement.
This bill would require the department to conduct an unannounced
inspection of a community care facility, at minimum, once each year
and as often as necessary to ensure the quality of care provided,
except for family day care centers which the department would be
required to inspect, at minimum, once every 2 years and as often as
necessary to ensure the quality of care provided.
Existing law requires the department to conduct initial site
visits before granting a license to a community care facility or a
residential care facility for the elderly.
This bill would exempt the department from that requirement in
specified cases but would not preclude the department, when acting
within its discretionary authority, to make an initial site visit in
those cases.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1523.1 of the Health and Safety Code is amended
to read:
1523.1. (a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license.
After initial licensure, a fee shall be charged by the department
annually on each anniversary of the effective date of the license.
The fees are for the purpose of financing the activities specified in
this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and
Adoption $2,750 $1,375
Adoption $3,025 $1,513
Agencies
1-15 $1 65 82
$ 83
91
16-30 $ 275 303
$1 38
52
31-60 $550 $275
31-60 $605 $303
Adult Day
Programs 61-75 $689 $344
Programs 61-75 $758 $378
76-90 $ 90 8 25
$4 13
54
91-120 $1,100 $550
91-120 $1,210 $605
121+ $1, 37 5 13
$ 688
757
1-3 $4 13 54
$4 13
54
Other 4-6 $ 90 8 25
$4 13
54
Community
Care Facilities 7-15 $1,239 $619
Care Facilities 7-15 $1,363 $681
16-30 $1,650 $825
16-30 $1,815 $908
31-49 $2,064 $1,032
31-49 $2,270 $1,135
50-74 $2,477 $1,239
50-74 $2,725 $1,363
75-100 $2,891 $1,445
75-100 $3,180 $1,590
101-150 $3, 6 3 0
4 $1, 652
817
151-200 $3,852 $1,926
151-200 $4,237 $2,119
201-250 $4, 8 40 0
$2, 4 20
0
251-300 $4,950 $2,475
251-300 $5,445 $2,723
301-350 $5,500 $2,750
301-350 $6,050 $3,025
351-400 $6,050 $3,025
351-400 $6,655 $3,328
401-500 $7,150 $3,575
401-500 $7,865 $3,933
501-600 $8,250 $4,125
501-600 $9,075 $4,538
601-700 $9,350 $4,675
601-700 $10,285 $5,143
701+ $11,000 $5,500
701+ $12,100 $6,050
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars
($200) when any licensee does not implement a plan of correction on
or prior to the date specified in the plan. A
reinspection fee of one hundred dollars ($100) whenever an
inspection of a facility is necessary to ensure a violation has been
corrected.
(2) Foster family homes shall be exempt from the fees imposed
pursuant to this subdivision.
(3) Foster family agencies shall be annually assessed
eighty-eight dollars ($88) ninety-seven dollars ($97)
for each home certified by the agency.
(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use of this revenue, as approved by the Director of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit a
budget change proposal to justify any positions or any other related
support costs on an ongoing basis.
(d) A facility may use a bona fide business check to pay the
license fee required under this section.
(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.
SEC. 2. Section 1526.5 of the Health and Safety Code is repealed.
1526.5. (a) Within 90 days after a facility accepts its first
client for placement following the issuance of a license or special
permit pursuant to Section 1525, the department shall inspect the
facility. The licensee shall, within five business days after
accepting its first client for placement, notify the department that
the facility has commenced operating. Foster family homes are exempt
from the provisions of this subdivision.
(b) The inspection required by subdivision (a) shall be conducted
to evaluate compliance with rules and regulations and to assess the
facility's continuing ability to meet regulatory requirements. The
department may take appropriate remedial action as authorized by this
chapter.
SEC. 3. Section 1526.75 of the Health and Safety Code is amended
to read:
1526.75. (a) It is the intent of the Legislature to maintain
quality resources for children needing placement away from their
families. If, during a periodic inspection or an inspection
pursuant to Section 1526.5 , a facility is found to be
out of compliance with one or more of the licensing standards
of the department, the department shall, unless an ongoing
investigation precludes it, advise the provider of the noncompliance
as soon as possible. The provider shall be given the opportunity to
correct the deficiency.
(b) The department shall implement a procedure whereby citations
for noncompliance may be appealed and reviewed.
(c) Nothing in this section shall preclude the department from
taking any an action it may deem
necessary to ensure the safety of children and adults placed in
any a facility.
SEC. 4. Section 1534 of the Health and Safety Code is amended to
read:
1534. (a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department shall
visit these facilities as often as necessary to ensure the quality
of care provided.
(A) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(B) (i) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(ii) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources to
increase the random sample by 10 percent.
(C) Under no circumstance shall the department visit a community
care facility less often than once every five years.
1534. (a) (1) (A) Every licensed community care
facility shall be inspected at least once per year and as often as
necessary to ensure the quality of care provided. Evaluation visits
shall be unannounced, except as noted in Section 1533.
(D)
(B) In order to facilitate direct contact with group
home clients, the department may interview children who are clients
of group homes at any public agency or private agency at which the
client may be found, including, but not limited to, a juvenile hall,
a recreation or vocational program, or a nonpublic school.
The department shall respect the rights of the child while
conducting the interview, including informing the child that he or
she has the right not to be interviewed and the right to have another
adult present during the interview.
(2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(3) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(b) (1) Nothing in this section shall limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program where a licensed
community care facility is certifying compliance with licensing
requirements.
(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be afforded
the due process provided pursuant to this chapter.
(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(5) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(6) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. In all proceedings conducted in
accordance with this section the standard of proof shall be by a
preponderance of the evidence.
(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section, enter an order denying or revoking
the certificate of approval, or otherwise take disciplinary action
against the certified or prospective foster parent, notwithstanding
any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.
(9) A foster family agency's failure to comply with the department'
s order to deny or revoke the certificate of employment by placing or
retaining children in care shall be grounds for disciplining the
licensee pursuant to Section 1550.
SEC. 5. Section 1568.05 of the Health and Safety Code is amended
to read:
1568.05. (a) An application fee adjusted by facility and
capacity, shall be charged by the department for a license to operate
a residential care facility for persons with chronic
life-threatening illness. After initial licensure, a fee shall be
charged by the department annually, on each anniversary of the
effective date of the license. The fees are for the purpose of
financing the activities specified in this chapter. Fees shall be
assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-6 $605 $303 plus $10
per bed
$275
1-6 $550 plus $10 per
bed
$344
7-15 $689 plus $10 per
bed
$413
16-25 $825 plus $10 per
bed
$482
26+ $964 plus $10 per
bed
7-15 $758 $378 plus $10
per bed
16-25 $908 $454 plus $10
per bed
26+ $1,060 $530 plus $10
per bed
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any an individual at a
department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any a
licensee fails to pay the annual licensing fee on or before the due
date , as indicated by postmark on the payment.
(G) A fee to cover any costs incurred by the
department for processing payments including, but not limited to,
bounced check charges, charges for credit and debit transactions, and
postage due charges.
(H) A plan of correction fee of two hundred dollars
($200) when any licensee does not implement a plan of correction on
or prior to the date specified in the plan. A
reinspection fee of one hundred dollars ($100) whenever an
inspection of a facility is necessary to ensure that a violation has
been corrected.
(2) No local governmental entity shall impose any
a business license, fee, or tax for the
privilege of operating a facility licensed under this chapter
which that serves six or fewer persons.
(c) All fees collected pursuant to subdivisions (a) and (b) shall
be deposited in the Technical Assistance Fund.
(d) The revenues collected from licensing fees pursuant to this
section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(e) The department shall not utilize any portion of the revenues
collected pursuant to this section sooner than 30 days after
notification in writing of the purpose and use of this revenue, as
approved by the Director of Finance, to the Chairperson of the Joint
Legislative Budget Committee, and the chairpersons of the committee
in each house that considers appropriations for each fiscal year. The
department shall submit a budget change proposal to justify any
positions or any other related support costs on an ongoing basis.
(f) Fees established pursuant to this section shall not be
effective unless licensing fees are established for all adult
residential facilities licensed by the department.
(g) A residential care facility may use a bona fide business check
to pay the license fee required under this section.
(h) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
SEC. 6. Section 1568.07 of the Health and Safety Code is amended
to read:
1568.07. (a) (1) Within 90 days after a facility accepts its
first resident for placement following its initial licensure, the
department shall inspect the facility to evaluate compliance with
rules and regulations and to assess the facility's continuing ability
to meet regulatory requirements. The licensee shall notify the
department, within five business days after accepting its first
resident for placement, that the facility has commenced operating.
(2) The department may take appropriate remedial action as
provided for in this chapter.
(b)
1568.07. (a) (1) Every licensed residential
care facility shall be periodically inspected and evaluated for
quality of care by a representative or representatives designated by
the director. Evaluations shall be conducted at least annually and as
often as necessary to ensure the quality of care being provided.
(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility's license, providing adequate staffing and
services, updated resident records and assessments, and compliance
with basic health and safety standards.
(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by an
assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident's physician
and surgeon, and the resident's case manager, and shall reflect the
desires of the resident, the resident's physician and surgeon, and
the resident's case manager. The assessment also shall recognize that
certain illnesses are episodic in nature and that the resident's
need for a higher level of care may be temporary.
(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(6) The department may take appropriate remedial action as
provided for in this chapter.
(c) Any
(b) A duly authorized officer,
employee, or agent of the department may, upon presentation of proper
identification, enter and inspect any place providing personal care,
supervision, and services, at any time, with or without advance
notice, to secure compliance with, or to prevent a violation of, this
chapter.
(d)
(c) No licensee shall discriminate or retaliate in any
manner against any a person receiving
the services of the facility of the licensee, or against any
an employee of the facility, on the basis, or
for the reason, that a person or employee or any other person has
initiated or participated in an inspection pursuant to Section
1568.071.
(e) Any
(d) A person who, without lawful
authorization from a duly authorized officer, employee, or agent of
the department, informs an owner, operator, employee, agent, or
resident of a residential care facility, of an impending or proposed
inspection or evaluation of that facility by personnel of the
department, is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed one thousand dollars
($1,000), by imprisonment in the county jail for a period not to
exceed 180 days, or by both a fine and imprisonment.
SEC. 7. Section 1569.185 of the Health and Safety Code is amended
to read:
1569.185. (a) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a residential care facility for the elderly. After
initial licensure, a fee shall be charged by the department annually
on each anniversary of the effective date of the license.
The fees are for the purpose of financing activities specified in
this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-3 $4 13 54
$4 13
54
4-6 $908 $454
4-6 $825 $413
7-15 $1,363 $681
16-30 $1,815 $908
7-15 $1,239 $619
31-49 $2,270 $1,135
50-74 $2,725 $1,363
16-30 $1,650 $825
75-100 $3,180 $1,590
101-150 $3,634 $1,817
31-49 $2,064 $1,032
151-200 $4,237 $2,119
201-250 $4,840 $2,420
50-74 $2,477 $1,239
251-300 $5,445 $2,723
301-350 $6,050 $3,025
75-100 $2,891 $1,445
351-400 $6,655 $3,328
401-500 $7,865 $3,933
101-150 $3,304 $1,652
501-600 $9,075 $4,538
601-700 $10,285 $5,143
151-200 $3,852 $1,926
701+ $12,100 $6,050
201-250 $4,400 $2,200
251-300 $4,950 $2,475
301-350 $5,500 $2,750
351-400 $6,050 $3,025
401-500 $7,150 $3,575
501-600 $8,250 $4,125
601-700 $9,350 $4,675
701+ $11,000 $5,500
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars
($200) when any licensee does not implement a plan of correction on
or prior to the date specified in the plan. A
reinspection fee of one hundred dollars ($100) whenever an inspection
of a facility is necessary to ensure that a violation has been
corrected.
(2) No local jurisdiction shall impose any
a business license, fee, or tax for the privilege of operating
a facility licensed under this chapter which
that serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care or
supervision by licensees and to support the activities of the
licensing programs, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this chapter, and other administrative activities in
support of the licensing program, when appropriated for these
purposes. The revenues collected shall be used in addition to any
other funds appropriated in the annual Budget Act in support of the
licensing program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use, as approved by the Department of Finance, to the Chairperson of
the Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each fiscal
year. The department shall submit a budget change proposal to
justify any positions or any other related support costs on an
ongoing basis.
(d) A residential care facility for the elderly may use a bona
fide business check to pay the license fee required under this
section.
(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
SEC. 8. Section 1569.20 of the Health and Safety Code is amended
to read:
1569.20. Upon the filing of the application for issuance of an
initial license, the department shall, within five working days of
the filing, make a determination regarding the completeness of the
application. If the application is complete, the department shall
immediately request a fire clearance and notify the applicant to
arrange a time for the department to conduct a prelicensure survey.
Applicants for licensure of a currently or previously licensed
facility are exempt from the initial site visit. This does not
preclude the department, when acting within its discretionary
authority, from making an initial site visit. If the
application is incomplete, the department shall notify the applicant
and request the necessary information. Within 60 days of making a
determination that the file is complete, the department shall make a
determination whether the application is in compliance with this
chapter and the rules and regulations of the department and shall
either immediately issue the license or notify the applicant of the
deficiencies. The notice shall specify whether the deficiencies
constitute denial of the application or whether further corrections
for compliance will likely result in approval of the application.
SEC. 9. Section 1569.24 of the Health and Safety Code is repealed.
1569.24. Within 90 days after a facility accepts its first
resident for placement following its initial licensure, the
department shall inspect the facility to evaluate compliance with
rules and regulations and to assess the facility's continuing ability
to meet regulatory requirements. The licensee shall notify the
department, within five business days after accepting its first
resident for placement, that the facility has commenced operating.
The department may take appropriate remedial action as provided
for in this chapter.
SEC. 10. Section 1569.33 of the Health and Safety Code is amended
to read:
1569.33. (a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
(b) The department shall conduct an annual unannounced visit of a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
(c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every five years.
(e)
(b) The department shall notify the residential care
facility for the elderly in writing of all deficiencies in its
compliance with the provisions of this chapter and the rules and
regulations adopted pursuant to this chapter, and shall set a
reasonable length of time for compliance by the facility.
(f)
(c) Reports on the results of each inspection,
evaluation, or consultation shall be kept on file in the department,
and all inspection reports, consultation reports, lists of
deficiencies, and plans of correction shall be open to public
inspection.
(g)
(d) As a part of the department's evaluation process,
the department shall review the plan of operation, training logs, and
marketing materials of any a
residential care facility for the elderly that advertises or promotes
special care, special programming, or a special environment for
persons with dementia to monitor compliance with Sections 1569.626
and 1569.627.
SEC. 11. Section 1596.803 of the Health and Safety Code is amended
to read:
1596.803. (a) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a child day care facility. After initial
licensure, a fee shall be charged by the department annually, on each
anniversary of the effective date of the license. The fees are for
the purpose of financing activities specified in this chapter. Fees
shall be assessed as follows:
Fee Schedule
Original Annual
Facility Type Capacity Application Fee
Family Day Care 1-8 $ 66 73
$ 66
73
9-14 $140 $140
9-14 $127 $127
Day Care 1-30 $4 8 4 0
$2 4 2
0
Centers
31-60 $880 $440
31-60 $968
$484
61-75 $1,100 $550
76-90 $1,320 $660
91-120 $1,760 $880
61-75 $1,210 $605
76-90 $1,452 $726
121+ $2,200 $1,100
91-120 $1,936 $968
121+ $2,420 $1,210
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of twenty-five dollars ($25) for attendance
by any individual at a department-sponsored family child day care
home orientation session, and a fifty dollar ($50) orientation fee
for attendance by any individual at a department-sponsored child day
care center orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars
($200) when any licensee does not implement a plan of correction on
or prior to the date specified in the plan. A
reinspection fee of one hundred dollars ($100) whenever an inspection
of a facility is necessary to ensure a violation has been
corrected.
(2) No local jurisdiction shall impose any
a business license, fee, or tax for the privilege of operating
a small family day care home licensed under this act.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees, and to support the activities of the
licensing program, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this act, and other administrative activities in support
of the licensing program, when appropriated for these purposes. The
revenues collected shall be used in addition to any other funds
appropriated in the annual Budget Act in support of the licensing
program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use, as approved by the Department of Finance, to the Chairperson of
the Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each fiscal
year. The department shall submit a budget change proposal to
justify any positions or any other related support costs on an
ongoing basis.
(d) A child day care facility may use a bona fide business or
personal check to pay the license fee required under this section.
(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
SEC. 12. Section 1596.858 of the Health and Safety Code is amended
to read:
1596.858. A license shall be forfeited by operation of law prior
to its expiration date when any one of the
following occurs:
(a) The licensee sells or otherwise transfers the facility or
facility property, except when change of ownership applies to
transferring of stock when the facility is owned by a corporation,
and when the transfer of stock does not constitute a majority change
in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility from one location to another.
The department shall develop regulations to ensure that the
facilities are not charged a full licensing fee and do not have to
complete the entire application process when applying for license for
the new location.
(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. If an adult relative notifies the
department of his or her desire to continue operation of the facility
and submits an application, the department shall expedite the
application. Applicants for licensure pursuant to this
subdivision are exempt from the initial site visit required by
Section 1597.13. This does not preclude the department,
when acting within its discretionary authority, from making an
initial site visit. The department shall promulgate regulations
for expediting applications submitted pursuant to this subdivision.
(f) The licensee abandons the facility.
SEC. 13. Section 1597.09 of the Health and Safety Code is amended
to read:
1597.09. (a) Each licensed
child day care center shall be subject to unannounced visits by the
department. The department shall visit these facilities at least
once per year and as often as necessary to ensure the quality
of care provided.
(b) The department shall conduct an annual unannounced visit to a
licensed child day care center under any of the following
circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
(c) (1) The department shall conduct an annual unannounced visit
to no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a licensed
child day care center less often than once every five years.
SEC. 14. Section 1597.13 of the Health and Safety Code is amended
to read:
1597.13. (a) The department and any local
agency with which it contracts for the licensing of day care centers
shall grant or deny an application for license within 30 days after
receipt of all appropriate licensing application materials, as
determined by the department, after a site visit has been completed
and the facility has been found to be in compliance with licensing
standards. The department shall conduct an initial site visit within
30 days after the receipt of all appropriate licensing application
materials.
(b) The department may exercise its discretion and elect not to
conduct the site visit required by subdivision (a) after the receipt
of all appropriate licensing application materials when an operating
day care center licensee sells or transfers the property or business
to a new license applicant.
SEC. 15. Section 1597.14 of the Health and Safety Code is amended
to read:
1597.14. (a) Notwithstanding Section 1596.858, in the event of a
sale of a licensed child day care center where the sale will result
in a new license being issued, the sale and transfer of property and
business shall be subject to both of the following:
(1) The licensee shall provide written notice to the department
and to the child's parent or his or her legal guardian of the
licensee's intent to sell the child day care center at least 30 days
prior to the transfer of the property or business, or at the time
that a bona fide offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission
agreement, inform the child's parent or his or her legal guardian,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
(b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
(1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a child
day care center. The seller shall send a copy of this written notice
to the licensing agency.
(2) The prospective buyer shall submit an application for a
license, as specified in Section 1596.95, within five days of the
acceptance of the offer by the seller.
(c) No transfer of the facility shall be permitted until 30 days
have elapsed from the date when notice has been provided to the
department pursuant to paragraph (1) of subdivision (a).
(d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. Applicants
for licensure pursuant to this subdivision are exempt from the
initial site visit required by Section 1597.13. This does not
preclude the department, when acting within its discretionary
authority, from making an initial site visit. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1596.95.
(e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.
SEC. 16. Section 1597.55a of the Health and Safety Code is amended
to read:
1597.55a. Every family day care home shall be subject to
unannounced visits by the department as provided in this section. The
department shall visit these facilities at least once every two
years and as often as necessary to ensure the quality of care
provided.
(a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a licensed
family day care home less often than once every five years.
(e)
(c) A public agency under contract with the department
may make spot checks if it does not result in any
a cost to the state. However, spot checks shall not be
required by the department.
(f)
(d) The department or licensing agency shall make an
unannounced site visit on the basis of a complaint and a followup
visit as provided in Section 1596.853.
(g)
(e) An unannounced site visit shall adhere to both of
the following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(h)
(f) The department shall implement this section during
periods that Section 1597.55b is not being implemented in accordance
with Section 18285.5 of the Welfare and Institutions Code.