BILL NUMBER: AB 1436	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 18, 2014

INTRODUCED BY   Assembly Member Waldron
    (   Principal coauthor:   Assembly Member
  Atkins   ) 
    (   Coauthors:   Assembly Members 
 Chávez,   Jones,   and Maienschein  
) 
    (   Coauthors:   Senators   Block
  and Vidak   ) 

                        JANUARY 6, 2014

   An act to amend Section 1569.33 of the Health and Safety Code,
relating to community care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1436, as amended, 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 1.  Section 1569.33 of the Health and Safety Code is
amended to read:
   1569.33.  (a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
   (b) The department shall conduct an annual unannounced visit of a
facility under any of the following circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) When a facility requires an annual visit as a condition of
receiving federal financial participation.
   (5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
   (c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
   (d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every five years.

   (e) The department shall notify the residential care facility for
the elderly in writing of all deficiencies in its compliance with the
provisions of 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.
   (f) 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 and posted on
the department's Internet Web site. The Internet Web site posting
shall include the licensee's appeal, if any, pursuant to Section
87763 of Title 22 of the California Code of Regulations. If upon
appeal the department dismisses a notice of deficiency, that
deficiency shall be immediately removed from the Internet Web site
posting or otherwise indicate that the deficiency has been dismissed.

   (g) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of  any   a 
residential care facility for the elderly that advertises or promotes
special care, special programming, or a special environment for
persons with dementia to monitor compliance with Sections 1569.626
and 1569.627.