BILL ANALYSIS Ó
AB 2297
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2297 (Hayashi)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2012) |SENATE: |34-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Exempts certain long-term care facilities (LTCFs) with
six beds or less from regulation as food facilities under the
California Retail Food Code (CRFC) and clarifies that the Office
of Statewide Health Planning and Development has primary
jurisdiction in enforcing structural requirements for licensed
skilled nursing facilities under the CRFC.
The Senate amendments make technical and conforming changes to
address chaptering conflicts.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the sponsor of this bill, the California
Association of Health Facilities (CAHF), the CRFC recognizes
certain food facility exemptions for specified providers, such
as child care facilities, that share similar features with small
intermediate care facilities for the developmentally disabled
(ICF/DDs) and other LTCFs in that they are not open to the
general public and do not provide meals in the same manner as
restaurants and other food establishments that are appropriately
subject to CRFC requirements. CAHF argues that ICF/DDs should
be excluded from the CRFC because they are typically six-bed
facilities located in residential neighborhoods equipped with
the same type of kitchen and pantry as those of a single family
residence. In addition, CAHF points out that LTCFs are subject
to multiple inspections relating to food safety and sanitation,
including annual licensing surveys and separate certification
surveys for participation in the Medicare or Medicaid programs,
and additional inspections by local environmental health
AB 2297
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departments during the CRFC permitting process because they
currently fall under the definition of a food facility. CAHF
indicates that the exemption from the CRFC for six and under
facilities provided in this bill would apply to 1,138 of
California's 1,170 ICF/DDs.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN: 0005691