Amended in Assembly April 22, 2014

Amended in Assembly February 18, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1436

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, begin delete lists of deficiencies end delete begin insert violations end insert , and plans of correction. This bill would also require the department to post begin delete 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. end delete begin insert on the department’s Internet Web site the number and nature of complaints filed against a facility within each calendar year, including whether a complaint is undergoing investigation, whether it has been substantiated or unsubstantiated, and whether it has been found to be inconclusive. end insert

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, begin delete lists of deficiencies, end delete
begin insert violations, end insert and plans of correction shall be open to public
inspection and posted on the department’s Internet Web site. begin delete 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. end delete begin insert The department shall also post on
the department’s Internet Web site the number and nature of
complaints filed against a facility within each calendar year,
including whether a complaint is undergoing investigation, whether
it has been substantiated or unsubstantiated, and whether it has
been found to be inconclusive. The department shall redact all
personally identifiable information of residents prior to the posting
of information pursuant to this subdivision. end insert

(g) As a part of the department’s evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of 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.