AB 1571, as amended, Eggman. Residential care facilities for the elderly: licensing and regulation.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. Among other required application information, if the applicant is a firm, association, organization, partnership, business trust, corporation, or company, evidence of reputable and responsible character is required to be submitted as to the members or shareholders thereof, and the person in charge of the residential care facility for the elderly for which the application for issuance of license or special permit is made.
This bill would, among other things, delete the above requirement to submit evidence of reputable and responsible character as to members or shareholders of a firm, association, organization, partnership, business trust, corporation, or company and the person in charge of the facility, and instead would require the applicant to disclose whether the licensee is a for-profit or not-for-profit provider, the names and license numbers of other facilities owned, managed, or operated by the same licensee, and the names and addresses of any persons or organizations listed as owner of record in the real estate, including the buildings and grounds appurtenant to the buildings. The bill would require an applicant to provide additional information, including, but not limited to, the applicant’s history of compliance with the requirements imposed under specified facility licenses or a similarly licensed facility, applicable state and federal laws and regulations, and requirements governing the operators of those facilities. The bill would also require that specified applicant information be cross checked with the State Department of Public Health to determine if the applicant has a prior history of operating, holding a position in, or having ownership in, specified licensed facilities.
Existing law requires the Director of Social Services to establish an automated license information system on licensees and former licensees of licensed residential care facilities for the elderly. The system is required to maintain a record of any information that may be pertinent for licensure. A violation of the provisions of the act is a crime.
This bill would require the department, among other things, by July 1, 2015, to post on its Internet Web site residential care facility for the elderly profiles, with specified data. The bill would
begin delete require by July 1, 2019,end delete each licensee of a residential care facility for the elderly to submit a profile of resident characteristics to the department on an annual basis, including, but not limited to, the number of residents in the facility who are bedridden, nonambulatory, receiving hospice care, have one or more allowable health conditions, have one or more restricted or prohibitive health conditions, or who have dementia. The bill would also require the department to develop and implement a ratings system by July 1, 2019, as provided. Because the bill would create a new crime, it would impose a state-mandated local program.
Existing law authorizes the department to deny any application for a residential care facility for the elderly license or to suspend or revoke those licenses on certain grounds, including, but not limited to, a violation by the licensee of applicable provisions or of the rules and regulations adopted under those provisions, conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the state, or engaging in acts of financial malfeasance concerning the operation of a facility.
This bill would require the department to deny an application for licensure or authorize it to subsequently revoke a license on the grounds that the applicant knowingly made a false statement of fact with regard to information that was required by the application for licensure, and would authorize the department to deny an application for licensure or subsequently revoke a license on the grounds that the applicant did not disclose enforcement actions on the application as required. The bill would also authorize the department to deny an application for licensure on the grounds that the applicant has a history of noncompliance with the requirements imposed under specified facility licenses or a similarly licensed facility in another state, applicable state and federal laws and regulations, and the requirements governing the operators of those facilities.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1569.15 of the Health and Safety Code
2 is amended to read:
(a) Any person seeking a license for a residential
4care facility for the elderly under this chapter shall file with the
5department, pursuant to regulations, an application on forms
6furnished by the department, that shall include, but not be limited
7to, all of the following:
8(1) Evidence satisfactory to the department of the ability of the
9applicant to comply with this chapter and of rules and regulations
10adopted under this chapter by the department.
P4 1(2) Evidence satisfactory to the department that the applicant
2is of reputable and responsible character. The evidence shall
3include, but not be limited to, a criminal record clearance pursuant
4to Section 1569.17, employment history, and character references.
5The applicant shall disclose whether the licensee is a for-profit or
6not-for-profit provider, the names and license numbers of other
7facilities owned, managed, or operated by the same licensee, and
8the names and addresses of any persons or organizations listed as
9owner of record in the real estate, including the buildings and
10grounds appurtenant to the buildings.
11(3) Evidence satisfactory to the department that the applicant
12has sufficient financial resources to maintain the standards of
13service required by regulations adopted pursuant to this chapter.
14(4) Disclosure of the applicant’s prior or present service in
15California or any other state as an administrator, general partner,
begin delete officerend delete or director of, or as a person who has
17held or holds a beneficial ownership of 10 percent or more in, any
18residential care facility for the elderly, in any facility licensed
19pursuant to Chapter 1 (commencing with Section 1200), Chapter
202 (commencing with Section 1250), or Chapter 3 (commencing
21with Section 1500), or a similarly licensed facility, and the
22applicant’s history of compliance with the requirements imposed
23under that license, applicable state and federal laws and regulations,
24and requirements governing the operators of those facilities.
25(5) Disclosure of any revocation or other disciplinary action
26taken, or in the process of being taken, against a license held or
27previously held by the entities specified in paragraph (4).
28(6) Any other information as may be required by the department
29for the proper administration and enforcement of this chapter.
30(7) Following the implementation of Article 7 (commencing
31with Section 1569.70), evidence satisfactory to the department of
32the applicant’s ability to meet regulatory requirements for the level
33of care the facility intends to provide.
34(8) Evidence satisfactory to the department of adequate
35knowledge of supportive services and other community supports
36that may be necessary to meet the needs of elderly residents.
37(9) A signed statement that the person desiring issuance of a
38license has read and understood the residential care facility for the
39elderly statute and regulations.
P5 1(10) Designation by the applicant of the individual who shall
2be the administrator of the facility, including, if the applicant is
3an individual, whether or not the licensee shall also be the
5(11) Each applicant shall disclose to the department evidence
6of the right of possession of the facility at the time the application
7is granted, which may be satisfied by the submission of a copy of
8applicable portions of a lease agreement or deed of trust. The names
9and addresses of any persons or organizations listed as owners of
10record in the real estate, including the buildings and the grounds
11appurtenant to the buildings, shall be disclosed to the department.
12(12) Evidence of successfully completing a certified
13prelicensure education program pursuant to Section 1569.23.
14(13) For any facility that promotes or advertises or plans to
15promote or advertise special care, special programming, or special
16environments for persons with dementia, disclosure to the
17 department of the special features of the facility in its plan of
19(b) All applicant information disclosed pursuant to paragraph
20(4) of subdivision (a) shall be cross-checked with the State
21Department of Public Health to determine if the applicant has a
22prior history of operating, holding a position in, or having
23ownership in, any entity specified in paragraph (4) of subdivision
25(c) Failure of the applicant to cooperate with the licensing
26agency in the completion of the application shall result in the denial
27of the application. Failure to cooperate means that the information
28described in this section and in the regulations of the department
29has not been provided, or has not been provided in the form
30requested by the licensing agency, or both.
31(d) The information required by this section shall be
32to the department upon initial application for licensure, and any
33change in the information shall be provided to the department
34within 30 calendar days of that change.
35(e) (1) The department shall deny an application for licensure
36or may subsequently revoke a license under this chapter on the
37grounds that the applicant knowingly made a false statement of
38fact with regard to information that was required by the application
P6 1(2) The department may deny an application for licensure or
2may subsequently revoke a license under this chapter on the
3grounds that the applicant did not disclose enforcement actions on
4the application as required by paragraph (5) of subdivision (a).
Section 1569.356 is added to the Health and Safety
6Code, to read:
(a) By July 1, 2015, the department shall post on
8its Internet Web site residential care facility for the elderly profiles,
9with data, including, but not limited to, all of the following:
10(1) The name, address, and telephone number of the licensed
11providers, including the owner and the licensee, the number of
12licensed beds in the facility, including the number of
13nonambulatory beds, whether the facility is permitted to provide
14hospice care services, whether the facility has a special care unit
15or program for people with Alzheimer’s disease and other
16dementias and has a delayed egress or secured perimeter system
17in place, and information required pursuant to Section 1569.15.
18(2) Aggregate information on each facility, including, for each
19of the previous five years, the number of complaints filed against
20the facility, the number of deficiencies, enforcement actions
21resulting in fines against the facility, and the amount of the fines
22assessed and the amount collected.
23(3) Department actions, including license suspensions,
24revocations, probations, settlements, stipulations, accusations,
25audits, noncompliance conference summaries or other
26administrative or legal actions, and when the administrative or
27legal action was taken and will be terminated.
28(b) To the extent that the department’s computer system can
29accommodate additional residential care facility for the elderly
30profile information, the department shall, as soon as possible but
31no later than January 1, 2019, post on its Internet Web site the
17 Complaints, including the nature of the complaint, results
18of the complaint investigation, actions taken, and the dates that
19the complaint was received, investigated, and closed.
21 Violations assessed, including the type of deficiency, status
22of the violation, the facility’s plan of correction, when the
23corrections were completed, information as to whether an appeal
24has been filed, whether fines were assessed and the amount
25collected, and whether a deficiency was dismissed on appeal.
26(3) Posting of the facility inspectionend delete
27 reports and
plans of correction, including
28findings of the most recent inspection report and the date that the
29inspection was conducted.
30(c) Any resolution of an appeal pertaining to a violation or
31complaint shall be updated in a timely manner.
begin deleteBy July 1, 2019,
34each licensee of a residential care facility for the elderly shall
35submit a profile of resident characteristics to the department on
36an annual basis, including, but not limited to, the number of
37residents in the facility who are bedridden, nonambulatory,
38receiving hospice care, have one or more allowable health
39conditions, have one or more restricted or prohibitive health
40conditions, or have dementia. The department shall include this
P8 1information on the facility profile and on the online consumer
2information system annually.
3(e) By July 1, 2019, the department shall develop and implement
4a ratings system designed to allow consumers to compare
5residential care facilities for the elderly.
6(1) At a minimum, the ratings system shall be updated to reflect
7the most recent inspection report, as required by Section 1569.33.
8(2) The ratings shall be based on a facility’s inspection, and
9other factors as determined by the department in consultation with
11(f) It is the intent of the Legislature that the department, in
12developing and establishing the system pursuant to this section,
13shall work with stakeholder groups, including consumer
15(g) In implementing this section, the department shall ensure
16the confidentiality of personal and identifying information of
17residents and employees and shall not disclose this information
18through the consumer information service system developed
19pursuant to this section.
Section 1569.501 is added to the Health and Safety
21Code, immediately following Section 1569.50, to read:
(a) The department may deny an application for
23licensure under this chapter on the grounds that the applicant has
24a history of noncompliance with the requirements imposed upon
25any residential care facility for the elderly license, any facility
26licensed pursuant to Chapter 1 (commencing with Section 1200),
27Chapter 2 (commencing with Section 1250), or Chapter 3
28(commencing with Section 1500), or a similarly licensed facility
29in another state, applicable state and federal laws and regulations,
30and the requirements governing the operators of those facilities.
31(b) This section applies to an applicant that is or was an
32administrator, general partner, corporate officer, or director of, or
33is a person who has held or holds a beneficial ownership of 10
34percent or more in, any residential care facility for the elderly, in
35any facility licensed pursuant to Chapter 1 (commencing with
36Section 1200), Chapter 2 (commencing with Section 1250), or
37Chapter 3 (commencing with Section 1500), or a similarly licensed
38facility in another state.
Section 1569.618 of the Health and Safety Code is
40amended to read:
(a) The administrator designated by the licensee
2pursuant to paragraph (11) of subdivision (a) of Section 1569.15
3shall be present at the facility during normal working hours. A
4facility manager designated by the licensee with notice to the
5department, shall be responsible for the operation of the facility
6when the administrator is temporarily absent from the facility.
7(b) “Facility manager” means a person on the premises with
8the authority and responsibility necessary to manage and control
9the day-to-day operation of a residential care facility for the elderly
10and supervise the clients. The facility manager, licensee, and
11administrator, or any combination thereof, may be the same person
12provided he or she meets all applicable requirements. If the
13administrator is also the facility manager for the same facility, he
14or she shall be limited to the administration and management of
15only one facility.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California