Amended in Senate June 14, 2013

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 begin insert , 1568.07, end insert and 1569.37 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 581, as amended, Ammiano. begin delete Community care facilities and residential care facilities for the elderly: end delete begin insert Care facilities: end insert 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 begin delete and end delete begin insert , residential care facilities for persons with chronic, life-threatening illness, and end insert 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 begin delete community care facility licensee or a residential facility for the elderly end delete 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 initiated or participated in the filing of a complaint, grievance, or request for investigation with 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 has
initiated or participated in the filing of a complaint, grievance, or
request for investigation with the appropriate local or state
ombudsman.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1568.07 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1568.07.  

(a) (1)  Within 90 days after a facility accepts its
first resident for placement following its initial licensure, the
department shall inspect the facility to evaluate compliance with
rules and regulations and to assess the facility’s continuing ability
to meet regulatory requirements. The licensee shall notify the
department, within five business days after accepting its first
resident for placement, that the facility has commenced operating.

(2) The department may take appropriate remedial action as
provided for in this chapter.

(b) (1) Every licensed residential care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
Evaluations shall be conducted at least annually and as often as
necessary to ensure the quality of care being provided.

(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility’s license, providing adequate staffing
and services, updated resident records and assessments, and
compliance with basic health and safety standards.

(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by
an assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident’s physician
and surgeon, and the resident’s case manager, and shall reflect the
desires of the resident, the resident’s physician and surgeon, and
the resident’s case manager. The assessment also shall recognize
that certain illnesses are episodic in nature and that the resident’s
need for a higher level of care may be temporary.

(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the facility.

(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(c) Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter
and inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.

(d) 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 the begin delete facility of the licensee end delete begin insert licensee’s facility end insert , or against
any employee of the begin insert licensee’s end insert facility, on the basis, or for the
reason, that begin delete a end delete begin insert the end insert person or employee or any other person has
initiated or participated in begin delete an inspection pursuant to Section
1568.071 end delete begin insert the filing of a complaint, grievance, or a request for
inspection with the department pursuant to this chapter or has
initiated or participated in the filing of a complaint, grievance, or
request for investigation with the appropriate local or state
ombudsman end insert .

(e) Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs
an owner, operator, employee, agent, or resident of a residential
care facility, of an impending or proposed inspection or evaluation
of that facility by personnel of the department, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not to exceed one thousand dollars ($1,000), by imprisonment
in the county jail for a period not to exceed 180 days, or by both
a fine and imprisonment.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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, or has initiated or participated
in the filing of a complaint, grievance, or request for investigation
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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.