BILL NUMBER: AB 2066 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Monning
FEBRUARY 23, 2012
An act to amend Sections 1569.53 and 1569.682 of the Health and
Safety Code, relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
AB 2066, as introduced, Monning. Residential care facilities for
the elderly: revocation of licenses.
Existing law provides for the licensure and regulation of
residential care facilities for the elderly. These provisions are
administered by the State Department of Social Services. Violation of
these provisions is a misdemeanor.
Existing law 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,
the change of use of the facility pursuant to the department's
regulations, or the revocation of a license. This requirement
includes providing each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction and, if 7 or more residents will be transferred as a result
of the forfeiture of a license, revocation of a license, or change in
the use of the facility, submitting a proposed closure plan to the
department for approval.
This bill would eliminate the requirement that a licensee comply
with these provisions on the basis of the revocation of a license.
The bill would instead require the department to make every effort to
minimize trauma for residents of the facility, including allowing a
facility a closure date of 60 days following the revocation of the
license, except as specified.
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 1569.53 of the Health and Safety Code is
amended to read:
1569.53. (a) Any license suspended or
revoked pursuant to this chapter may be reinstated pursuant to
Section 11522 of the Government Code.
Whenever
(b) If a license
issued under this chapter for a residential care facility for the
elderly is suspended, revoked, temporarily suspended, forfeited,
canceled, or expires, the department shall provide written notice of
the occurrence within 10 days to the local director of social
services in the county in which the facility is located.
(c) If a license is revoked, the department shall make every
effort to minimize trauma for the residents of the facility. This may
include, but is not limited to, allowing the facility a closure date
of up to 60 days following the revocation of the license in order
for the facility to provide a 60-day notice to residents to relocate,
unless the department determines that a different closure date is
necessary, based on risks posed to the residents' health or safety.
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, or a
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'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 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.