Amended in Assembly April 22, 2013

Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 581

Introduced by Assembly Member Ammiano

February 20, 2013

An act to amend Sections 1539 and 1569.37 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 581, as amended, Ammiano. Community care facilities and 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 community care 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 community care 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 begin insert initiated or participated in the filing of a complaint, grievance, or request for investigation with end insert 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 of the Health and Safety Code is
amended to read:

1539.  

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 the licensee’s community care 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 pursuant to this chapter or begin insert has
initiated or participated in the filing of a complaint, grievance, or
request for investigation end insert 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 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 the filing of a
complaint, grievance, or a request for inspection with the
department pursuant to this chapter, begin insert or has initiated or participated
in the filing of a complaint, grievance, or request for investigation end insert
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.