AB 1436, as introduced, Waldron. Community care facilities.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires that every residential care facility for the elderly be subject to unannounced visits by the department, that reports on the results of each inspection, evaluation, or consultation shall be kept on file by the department, and that all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to the public.
This bill would require the department to post, on the department’s Internet Web site, all inspection reports, consultation reports, lists of deficiencies, and plans of correction. This bill would also require the department to post a licensee’s appeal, if any, and if the department dismisses a notice of deficiency that deficiency shall be removed from the department’s Internet Web site or otherwise indicate that the deficiency has been dismissed.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1569.33 of the Health and Safety Code
2 is amended to read:
(a) Every licensed residential care facility for the
4elderly shall be subject to unannounced visits by the department.
5The department shall visit these facilities as often as necessary to
6ensure the quality of care provided.
7(b) The department shall conduct an annual unannounced visit
8of a facility under any of the following circumstances:
9(1) When a license is on probation.
10(2) When the terms of agreement in a facility compliance plan
11require an annual evaluation.
12(3) When an accusation against a licensee is pending.
13(4) When a facility requires an annual visit as a condition of
14receiving federal financial participation.
15(5) In order to verify that a person who has been ordered out of
16the facility for the elderly by the department is no longer at the
17facility.
18(c) (1) The department shall conduct annual unannounced visits
19to no less than 20 percent of facilities not subject to an evaluation
20under subdivision (b). These unannounced visits shall be conducted
21based on a random sampling methodology developed by the
22department.
23(2) If the total citations issued by the department exceed the
24previous year’s total by 10 percent, the following year the
25department shall increase the random sample by 10 percent of the
26facilities not subject to an evaluation
under subdivision (b). The
27department may request additional resources to increase the random
28sample by 10 percent.
29(d) Under no circumstance shall the department visit a residential
30care facility for the elderly less often than once every five years.
31(e) The department shall notify the residential care facility for
32the elderly in writing of all deficiencies in its compliance with the
33provisions of this chapter and the rules and regulations adopted
34pursuant to this chapter, and shall set a reasonable length of time
35for compliance by the facility.
36(f) Reports on the results of each inspection, evaluation, or
37consultation shall be kept on file in the department, and all
38inspection reports, consultation reports, lists of deficiencies, and
P3 1plans of correction shall be open to public inspectionbegin insert
and posted
2on the department’s Internet Web site. The Internet Web site
3posting shall include the licensee’s appeal, if any, pursuant to
4Section 87763 of Title 22 of the California Code of Regulations.
5If upon appeal the department dismisses a notice of deficiency,
6that deficiency shall be immediately removed from the Internet
7Web site posting or otherwise indicate that the deficiency has been
8dismissedend insert.
9(g) As a part of the department’s evaluation process, the
10department shall review the plan of operation, training logs, and
11marketing materials of any residential care facility for the elderly
12that advertises or promotes special care, special programming, or
13a special environment for persons with dementia to monitor
14compliance with Sections 1569.626 and 1569.627.
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