BILL NUMBER: AB 1710	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 15, 2012

   An act to amend Sections 1266.9, 1416.36, and 1416.38 of, and to
add Section 1416.71 to, the Health and Safety Code, relating to
health and care facilities, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1710, as introduced, Yamada. Nursing home administrators: fees.

   Existing law, the Nursing Home Administrators' Act, provides for
the licensing of nursing home administrators by the State Department
of Public Health. Existing law prescribes specified licensing fees,
and requires that the fees be adjusted annually, as directed by the
Legislature in the annual Budget Act, by an amount not to exceed the
California Consumer Price Index, as specified. Existing law requires
that these fees be deposited in the Nursing Home Administrator's
State License Examining Fund, a continuously appropriated fund.
   This bill would instead require that these fees be deposited into
a continuously appropriated account, which would be established as
the Nursing Home Administrator Licensing Account in the State
Department of Public Health Licensing and Certification Program Fund.
This bill would authorize the department to adjust these fees, and
would remove the adjustment limitation relating to the California
Consumer Price Index. Because the bill would authorize an increase in
the amount of fees deposited into a continuously appropriated
account, the bill would make an appropriation.
   This bill would require the department, by January 15 of each
year, to prepare certain reports relating to nursing home
administrator fees, fee adjustments, and nursing home administration
generally. The bill would require the department to submit these
reports to the appropriate policy and fiscal committees of the
Legislature and to post these reports on its Internet Web site.
   The bill also would make a technical, conforming change relating
to the Nursing Home Administrator's State License Examining Fund.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1266.9 of the Health and Safety Code is amended
to read:
   1266.9.   (a)    There is hereby created in the
State Treasury the State Department of Public Health Licensing and
Certification Program Fund. The revenue collected in accordance with
Section 1266 shall be deposited in the State Department of Public
Health Licensing and Certification Program Fund and shall be
available for expenditure, upon appropriation by the Legislature, to
support the department's Licensing and Certification Program's
operation. Interest earned on the moneys in the fund shall be
deposited as revenue into the fund to support the department's
Licensing and Certification Program's operation. 
   (b) There is hereby created in the State Department of Public
Health Licensing and Certification Program Fund the Nursing Home
Administrator Licensing Account. The fees collected pursuant to
Section 1416.38 shall be deposited into the account and shall be
continuously appropriated as specified in Section 1416.38. 
  SEC. 2.  Section 1416.36 of the Health and Safety Code is amended
to read:
   1416.36.  (a) The fees prescribed by this chapter are as follows:
   (1) The application fee for reviewing an applicant's eligibility
to take the examination shall be twenty-five dollars ($25).
   (2) The application fee for persons applying for reciprocity
consideration licensure under Section 1416.40 shall be fifty dollars
($50).
   (3) The application fee for persons applying for the AIT Program
shall be one hundred dollars ($100).
   (4) The examination fees shall be:
   (A) Two hundred seventy-five dollars ($275) for an automated
national examination.
   (B) Two hundred ten dollars ($210) for an automated state
examination or one hundred forty dollars ($140) for a written state
examination.
   (5) The fee for an initial license shall be one hundred ninety
dollars ($190).
   (6) The renewal fee for an active or inactive license shall be one
hundred ninety dollars ($190).
   (7) The delinquency fee shall be fifty dollars ($50).
   (8) The duplicate license fee shall be twenty-five dollars ($25).
   (9) The fee for a provisional license shall be two hundred fifty
dollars ($250).
   (10) The fee for endorsement of credentials to the licensing
authority of another state shall be twenty-five dollars ($25).
   (11) The preceptor certification fee shall be fifty dollars ($50)
for each three-year period.
   (12) The biennial fee for approval of a continuing education
provider shall be one hundred fifty dollars ($150).
   (13) The biennial fee for approval of a continuing education
course shall be not more than fifteen dollars ($15). 
   (b) Commencing July 1, 2002, fees provided in this section shall
be adjusted annually, as directed by the Legislature in the annual
Budget Act. The proposed adjustment in the examination fees shall not
exceed the increase in the California Consumer Price Index, except
as provided in subdivision (d). The department shall provide an
annual fiscal year program fee report to the Legislature each April
1, commencing on April 1, 2002.  
   (b)  If the revenue projected to be collected is less than the
projected costs for the budget year, the department may propose that
fees be adjusted to an amount sufficient to cover the reasonable
regulatory costs to the department. Commencing February 1, 2013, and
every February 1 thereafter, the department shall publish a list of
proposed adjustments to fees pursuant to this section. 
   (c)  (1)    The department shall,  by
July 30 of each year   within 30 days of the enactment
of the annual Budget Act   each year  , publish a list
of actual numerical fee charges as adjusted pursuant to this section.
 This   The final fee list, with an explanation
of any adjustment, shall be published by all of the following means:
 
   (A) Issuing a letter to all licensed nursing home administrators,
all skilled nursing facilities and intermediate care facilities, and
all continuing education providers.  
   (B) Posting the list on the department's Internet Web site. 

   (C) Including the final fee list as part of the licensing
application package. 
    (2)     This  adjustment of fees and
the publication of the fee list shall not be subject to the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. 
   (d)  If the revenue projected to be collected is less than the
projected costs for the budget year, the department may propose that
fees be adjusted by not more than twice the increase in the Consumer
Price Index.  
   (d) (1) By January 15 of each year, the department shall prepare
the following reports and shall make those reports available to the
public by submitting them to the appropriate policy and fiscal
committees of the Legislature, and by posting them on the department'
s Internet Web site:  
   (A) A report of all costs to implement activities required by this
chapter. As part of this report, the department shall recommend
adjustments to fees based on projected workload and costs. The cost
estimates and estimated fees shall be based on appropriation amounts
in the Governor's proposed budget for the next fiscal year. 

   (B) A staffing and systems analysis to ensure efficient and
effective utilization of fees collected and proper allocation of
departmental resources for the administration of activities required
by this chapter. This analysis shall include the following
information for the current fiscal year and each of the previous four
fiscal years:  
   (i) The number of persons applying for a nursing home
administrator's license, the number of nursing home administrator
licenses approved or denied, and the number of nursing home
administrator licenses renewed.  
   (ii) The number of applicants taking the nursing home
administrator exam and the number of applicants who pass or fail the
exam.  
   (iii) The number of persons applying for, accepted into, and
completing the AIT Program.  
   (iv) The number, source, and disposition of complaints made
against persons in the AIT Program and licensed nursing home
administrators, including the length of time between receipt of the
complaint and completion of the investigation.  
   (v) The number and type of final administrative, remedial, or
disciplinary actions taken against licensed nursing home
administrators.  
   (vi) A listing of the names and nature of violations for
individual licensed nursing home administrators, including final
administrative, remedial, or disciplinary actions taken.  
   (vii) The number of appeals, informal conferences, or hearings
filed by nursing home administrators or held, the length of time
between the request being filed and the final determination of the
appeal, and the number of administrative, remedial, or disciplinary
actions taken.  
   (2) The reports required to be submitted pursuant to paragraph (1)
shall be submitted in compliance with Section 9795 of the Government
Code. 
  SEC. 3.  Section 1416.38 of the Health and Safety Code is amended
to read: 
   1416.38.  (a)  The Nursing Home Administrator's State License
Examining Board Fund in the Professions and Vocations Fund in the
State Treasury is hereby renamed the Nursing Home Administrator's
State License Examining Fund and continued in existence in the State
Treasury.
   (b) 
    1416.38.    (a)  Within 10 days after the
beginning of every month, all fees collected by the program for the
month preceding, under this chapter, shall be paid into  the
Nursing Home Administrator Licensing Account in  the 
Nursing Home Administrator's State License Examining Fund 
 State Department of Public Health   Licensing and
Certification Program Fund established by Section 1266.9  .

   (c) 
    (b)  The funding paid into the Nursing Home
Administrator's State License Examining Fund   Nursing
Home Administrator Licensing Account  shall be continuously
appropriated to the program for expenditures in the manner prescribed
by law to defray the expenses of the program and in carrying out and
enforcing the provisions of this chapter.
  SEC. 4.  Section 1416.71 is added to the Health and Safety Code, to
read:
   1416.71.  The Nursing Home Administrator's State License Examining
Board Fund in the Professions and Vocations Fund in the State
Treasury is renamed the Nursing Home Administrator's State License
Examining Fund and continued in existence in the State Treasury.