BILL ANALYSIS �
AB 961
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 961 (Levine) - As Introduced: February 22, 2013
Policy Committee: HealthVote:17-0
Judiciary 10-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the Department of Public Health (DPH) to
complete its investigation of a long-term health care (LTC)
facility and issue a citation, if any, within specified time
frames. Authorizes public notice of facility investigation and
evaluation information, as specified, for a facility with a
license capacity of 16 or more beds.
FISCAL EFFECT
1)Special fund costs to DPH (Licensing and Certification
Program) of approximately $800,000 in FY 2013-14 and $1.3
million each year for FY 2014-15 and 2015-16. Costs include
eight Health Facility Evaluation Nurse positions, with
investigation responsibilities and high travel costs.
2)Costs for the public notice provisions should be minor and
absorbable.
COMMENTS
1)Rationale . This bill intends to improve access to information
regarding incidents of abuse, neglect, and other health and
safety violations in LTC facilities. The author asserts DPH
interprets existing law confidentiality protections for
individuals with psychiatric and developmental disabilities by
redacting all information obtained in a complaint information.
This bill authorizes public notice of survey and licensing
reports and all citations issued by DPH or DSS, if the
information relates to a facility with a license capacity of
16 beds or more and does not include the name or personally
AB 961
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identifiable information of any resident or person with a
developmental or psychiatric disability.
In addition, there is currently no timeframe within which DPH
must complete complaint investigations and issue citations.
Disability Rights California (DRC), sponsor of this measure,
asserts prior to June 2009, DPH had an internal policy for
completing investigations within 40 working days. Too often,
years have elapsed before DPH issues a citation, imposes a
fine, and requires a facility to take appropriate corrective
action.
2)Related legislation . SB 651 (Pavley) imposes requirements
relating to investigation of sexual assault of a developmental
center or state hospital resident and makes a developmental
center's failure to report to local law enforcement a class
"B" violation.
3)Previous legislation . SB 799 (Negrete McLeod) of 2011
contained provisions similar to this bill relating to
investigation timelines. SB 799 was held on the Senate
Appropriations Suspense File.
Analysis Prepared by : Debra Roth / APPR. / (916) 319-2081