California Legislature—2013–14 Regular Session

Assembly Bill No. 581

Introduced by Assembly Member Ammiano

February 20, 2013

An act to amend Section 1569.37 of, and to add Section 1539.5 to, the Health and Safety Code, relating to residential care.

LEGISLATIVE COUNSEL’S DIGEST

AB 581, as introduced, Ammiano. Residential care facilities for the elderly: retaliation.

Existing law establishes the State Department of Social Services, and sets forth its powers and duties, including, but not limited to, the licensing and regulation of day care and residential care facilities, as defined, including, but not limited to, adult residential facilities and residential care facilities for the elderly. Existing law authorizes any person to request an inspection of a facility by transmitting a request to the department alleging a facility violation of applicable law.

Existing law prohibits a licensee from discriminating or retaliating in any manner against any person receiving the services of the facility, or against any employee of the facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in an inspection. Existing law makes violation of these provisions a crime.

This bill would, instead, prohibit a adult residential facility licensee or a residential facility for the elderly licensee, or officer or employee of the licensee, from discriminating or retaliating in any manner, including, but not limited to, eviction or threat of eviction, against any person receiving the services of the facility, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department or the local or state ombudsman pursuant to prescribed provisions of law. By expanding the scope of an existing crime, the 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 1539.5 is added to the Health and Safety
Code, to read:

1539.5.  

No adult residential facility licensee, or any officer or
employee of the licensee, shall discriminate or retaliate in any
manner, including, but not limited to, eviction or the threat of
eviction, against any person receiving the services of the licensee’s
adult residential facility, or against any employee of the licensee’s
facility, on the basis, or for the reason that, the person or employee
or any other person has initiated or participated in the filing of a
complaint, grievance, or request for an inspection with the
department pursuant to this chapter or with the appropriate local
or state ombudsman.

SEC. 2.  

Section 1569.37 of the Health and Safety Code is
amended to read:

1569.37.  

No licensee begin insert , or officer or employee of the licensee, end insert
shall discriminate or retaliate in any manner begin insert , including, but not
limited to, eviction or threat of eviction, end insert against any person
receiving the services of begin delete such end delete begin insert the end insert licensee’s residential care facility
for the elderly, or against any employee of the licensee’s facility,
on the basis, or for the reason that, the person or employee or any
other person has initiated or participated in begin delete an end delete begin insert the filing of a
complaint, grievance, end insert begin insert or a request for end insert inspection begin insert with the
department end insert pursuant to begin delete Section 1569.35 end delete begin insert this chapter, with the
appropriate local ombudsman, or with the state ombudsman
recognized pursuant to Chapter 11 (commencing with Section
9700) of Division 8.5 of the Welfare and Institutions Code end insert .

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.