BILL NUMBER: AB 581	INTRODUCED
	BILL TEXT


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  , or officer or employee of the
licensee,  shall discriminate or retaliate in any manner  ,
including, but not limited to, eviction or threat of eviction, 
against any person receiving the services of  such 
 the  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  an   the filing of
a complaint, grievance,   or a request for  inspection
 with the department  pursuant to  Section 1569.35
  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  .
  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.