BILL NUMBER: AB 581 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 15, 2013
PASSED THE ASSEMBLY AUGUST 19, 2013
AMENDED IN SENATE JUNE 14, 2013
AMENDED IN ASSEMBLY APRIL 22, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 20, 2013
An act to amend Sections 1539, 1568.07, and 1569.37 of the Health
and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 581, Ammiano. Care facilities: 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,
residential care facilities for persons with chronic,
life-threatening illness, 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 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.
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.
SEC. 2. Section 1568.07 of the Health and Safety Code is amended
to read:
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, 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 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.
(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.
SEC. 3. 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.
SEC. 4. 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.