BILL NUMBER: SB 894 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2014
AMENDED IN SENATE FEBRUARY 14, 2014
INTRODUCED BY Senator Corbett
JANUARY 13, 2014
An act to amend Section 1569.525 of the Health and Safety Code,
relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
SB 894, as amended, Corbett. Residential care facilities for the
elderly: revocation of license.
Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly. These provisions are administered
by the State Department of Social Services. Violation of these
provisions is a misdemeanor.
Existing law requires, if the Director of Social Services
determines that it is necessary to temporarily suspend a license of a
residential care facility for the elderly in order to protect the
residents or clients of the facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety, the
department to make every effort to minimize trauma for the
residents. Existing law authorizes and requires the department, in
the event of a temporary license suspension or revocation, to comply
with specified procedures relating to the transfer of residents,
including requiring the department to contact and work with any local
agency that may have placement or advocacy responsibility for the
residents of a residential care facility for the elderly, as
specified, to locate alternative placement sites and contact
responsible relatives. Existing law requires, upon an order to revoke
a license, a licensee to provide a 60-day written notice of license
revocation that may lead to closure to the resident and the resident'
s responsible person within 24 hours of receipt of the department's
order of revocation. Existing law requires a resident who transfers
from the facility during that 60-day period to be entitled to a
refund of preadmission fees in accordance with specified provisions.
This bill would require, if the Director of Social Services
determines at any time during relocation of residents that it is
necessary to protect the residents or clients of the facility from
physical or mental abuse, abandonment, or any other substantial
threat to health or safety, the department to take any necessary
action to minimize trauma for the residents, including, but not
limited to, preparing the residents' records and medications for
transfer and checking in on the status of all
each transferred residents resident
within 24 hours of transfer. The bill would additionally
require the department to contact the Office of the State Long-Term
Care Ombudsman to locate alternative placement sites for residents.
The bill would also require, upon an order to temporarily
suspend a license or a final order to suspend a license ,
a licensee to provide a 60-day written notice of
license suspension or revocation to the resident or
resident's responsible person within 24 hours of receipt of
the department's order of suspension , as specified,
and would require a resident who transfers due to the
resident being issued a 60-day receipt of a
notice of a temporary suspension or revocation of a li
cense to be entitled to a refund of preadmission fees.
This bill would prohibit, upon receipt of an order to
temporarily suspend or revoke a license, a licensee from
accepting new residents or entering into admission agreements for new
residents. The bill would generally make a licensee who fails to
comply with the requirements of these provisions liable for civil
penalties in the amount of $500 per violation per day for each day
that the licensee is in violation of these provisions until the
violation has been corrected. The bill would authorize a current or
former resident of a residential care facility for the elderly
covered under these provisions to bring a civil action against any
person, firm, partnership, or corporation who
that owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who violates
the specified rights of a the resident.
By expanding the definition of a crime, this bill would impose a
state-mandated local program.
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 1. Section 1569.525 of the Health and Safety Code is
amended to read:
1569.525. (a) (1) If the director is reasonably contemplating a
temporary suspension or revocation of any license, the department
shall provide the Office of the State Long-Term Care Ombudsman with a
precautionary notification so that the office may properly prepare
to intervene if and when necessary.
(2)
1569.525. (a) If the director determines
that it is necessary to temporarily suspend or to revoke any license
of a residential care facility for the elderly in order to protect
the residents or clients of the facility from physical or mental
abuse, abandonment, or any other substantial threat to health or
safety pursuant to Section 1569.50, the department shall make every
effort to minimize trauma for the residents.
(b) (1) The department shall contact the
Office of the State Long-Term Care Ombudsman and any local agency
that may have placement or advocacy responsibility for the residents
of a residential care facility for the elderly after a decision is
made to temporarily suspend or to revoke the license of the facility
and prior to its implementation. The department shall work with these
agencies, and the licensee if the director determines it to be
appropriate, to locate alternative placement sites and to contact
relatives responsible for the care of these residents.
(2) If the director is reasonably contemplating a temporary
suspension or revocation of any license, the department shall notify
the Office of the State Long-Term Care Ombudsman pursuant to Section
1569.335.
(c) The department shall use physicians and surgeons and other
medical personnel deemed appropriate by the department to provide
onsite evaluation of the residents and assist in any transfers.
(d) The department shall require the licensee to prepare and
submit to the licensing agency a written plan for relocation and
compliance with the terms and conditions of the approved plans, and
to provide other information as necessary for the enforcement of this
section.
(e) Upon receipt of an order to temporarily suspend or
revoke a license, the licensee shall be prohibited from accepting new
residents or entering into admission agreements for new residents.
(f) Upon an order to temporarily suspend a license,
the licensee shall provide a 60-day written notice of the
license suspension to the resident or resident's responsible person
within 24 hours of receipt of the department's order of suspension.
the following shall apply:
(1) The licensee shall provide written notice of the temporary
suspension to the resident and the resident's responsible person, if
applicable, as soon as practically possible, but no later than within
24 hours of receipt of the department's temporary suspension order.
(2) The department may secure, or permit the licensee to secure,
the services of a person who is not an immediate family member of the
licensee or an entity that is not owned by the licensee to manage
the day-to-day operations of the facility until the matter is heard
pursuant to Section 1569.50, and for at least 60 days thereafter, if
a proposal that includes both of the following is submitted to the
department as soon as practically possible following the licensee's
receipt of the department's temporary suspension order:
(A) A completed "Application for a Community Care Facility or
Residential Care Facility for the Elderly License" form (LIC 200), or
similar form as determined by the department, signed and dated by
both the licensee and the person or entity described in this
paragraph.
(B) A copy of the executed agreement between the licensee and the
person or entity described in this paragraph that delineates the
roles and responsibilities of each party and specifies that the
person or entity described in this paragraph shall have the full
authority necessary to operate the facility, in compliance with all
applicable laws and regulations, and without interference from the
licensee.
(g) Upon an a final order to revoke
a license following any applicable hearings required under this
article, except when following the temporary suspension of a license
pursuant to Section 1569.50 that led to the transfer of all residents
, the following shall apply:
(1) The licensee shall provide a 60-day written notice of license
revocation that may lead to closure to the resident and the resident'
s responsible person within 24 hours of receipt of the department's
final order of revocation.
(2) The department shall permit the licensee to secure the
services of a person who is not an immediate family member of the
licensee or an entity that is not owned by the licensee to manage the
day-to-day operations of the residential care facility for the
elderly for a period of at least 60 days, provided that all
of the following conditions are met:
(A) A
if a proposal that includes both of the following
is submitted to the department within 72 hours of the licensee's
receipt of the department's final order of
revocation that includes both of the following:
revocation:
(i)
(A) A completed "Application for a Community Care
Facility or Residential Care Facility for the Elderly License" form
(LIC 200), or similar form as determined by the department, signed
and dated by both the licensee and the person or entity described in
paragraph (2). this paragraph.
(ii)
(B) A copy of the executed agreement between the
licensee and the person or entity described in paragraph (2)
this paragraph that delineates the roles and
responsibilities of each party and specifies that the person or
entity described in paragraph (2) this
paragraph shall have the full authority necessary to operate
the facility, in compliance with all applicable laws and regulations,
and without interference from the licensee.
(B)
(h) (1) The person or entity
described in paragraph (2) of subdivision (f) or paragraph (2)
of subdivision (g) shall be currently licensed and in
substantial compliance to operate a residential care facility for the
elderly that is of comparable size or greater and has comparable
programming to the facility. For purposes of this subparagraph, the
following definitions apply:
(i)
(A) "Comparable programming" includes, but is not
limited to, dementia care, hospice care, and care for residents with
exempted prohibited health care conditions.
(ii)
(B) "Comparable size" means a facility capacity of 1 to
15 residents, 16 to 49 residents, or 50 or more residents.
(C)
(2) The person or entity described in paragraph (2)
of subdivision (f) or paragraph (2) of subdivision
(g) shall not be subject to the application fee specified in
Section 1569.185.
(D)
(3) If the department denies a proposal to secure the
services of a person or entity pursuant to paragraph (2) of
subdivision (f) or paragraph (2) of subdivision (g)
, this denial shall not be deemed a denial of a license application
subject to the right to a hearing under Section 1569.22 and other
procedural rights under Section 1569.51.
(3) (A)
(i) (1)
Notwithstanding Section 1569.651 or any other law, for paid
preadmission fees, a resident who transfers from the facility due to
the resident being issued a 60-day notice pursuant to
subdivision (f) or paragraph (1), notice of a temp
orary suspension or revocation of a license pursuant to
this section is entitled to a refund in accordance with all of
the following:
(i)
(A) A 100-percent refund if preadmission fees were paid
within six months of the either notice
of closure required by paragraph (1) or
subdivision (f) this section .
(ii)
(B) A 75-percent refund if preadmission fees were paid
more than 6 months, but not more than 12 months, before the
either notice of closure
required by paragraph (1) or subdivision (f)
this section .
(iii)
(C) A 50-percent refund if preadmission fees were paid
more than 12 months, but not more than 18 months, before the
eithe r notice of closure
required by paragraph (1) or subdivision (f)
this section .
(iv)
(D) A 25-percent refund if preadmission fees were paid
more than 18 months, but not more than 25 months, before the
either notice of closure
required by paragraph (1) or subdivision (f)
this section .
(B)
(2) No preadmission fee refund is required if
preadmission fees were paid 25 months or more before the
either notice of closure
required by paragraph (1) or subdivision (f)
this section .
(C)
(3) The preadmission fee refund required by this
paragraph shall be paid within 15 days of issuing the
either notice of closure
required by paragraph (1) or subdivision (f)
this section . In lieu of the refund, the resident may request
that the licensee provide a credit toward the resident's monthly fee
obligation in an amount equal to the preadmission fee refund due.
(4) If a resident transfers from the facility during the
60-day period after the issuance of an order to suspend or revoke the
license due to the revocation of a license ,
and the resident gives notice at least five days before leaving the
facility, or if the transfer is due to a temporary suspension of
the license order, the licensee shall refund to the resident
or his or her legal representative a proportional per diem amount of
any prepaid monthly fees at the time the resident leaves the facility
and the unit is vacated. Otherwise the licensee shall pay the refund
within seven days from the date that the resident leaves the
facility and the unit is vacated.
(5)
(j) Within 24 hours after all residents who
are each resident who is transferring pursuant
to these provisions have has left the
facility, the licensee that had his or her license temporarily
suspended or revoked shall, based on information provided by
the resident or the resident's legal representative
responsible person , submit a final list of
names and new locations of all residents to the department and the
local ombudsman program.
(h)
(k) If at any point during the relocation
process or following a temporary suspension or
revocation of a license the director determines that
it is necessary to protect there is a risk to
the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety, the
department shall take any necessary action to minimize trauma for
the residents. The department is responsible for the health
and safety of all residents until all residents have been
appropriately placed. These responsibilities shall include,
residents, including, but not be
limited to, all of the following:
(1) Contact any local agency that may have placement or advocacy
responsibility for the residents, and work with those agencies to
locate alternative placement sites.
(2) Contact the residents' relatives, legal representatives,
authorized agents in a health care directive, or responsible parties.
(3) Assist in the transfer of residents, and, if necessary,
arrange or provide transportation.
(4) Provide onsite evaluation of the residents and use any medical
personnel deemed appropriate by the department to provide onsite
evaluation of the residents and assist in any transfers.
(5) Arrange for or provide care and supervision.
(6) Distribute medications.
(7) Arrange for the preparation and service of meals and snacks.
(8) Prepare the residents' records and medications for transfer of
each resident.
(9) Assist in any way necessary to facilitate a safe transfer of
all residents.
(10) Check on the status of each transferred residents
resident within 24 hours of transfer.
(i)
(l) The participation of the department and local
agencies in the relocation of residents from a residential care
facility for the elderly shall not relieve the licensee of any
responsibility under this section. A licensee that fails to comply
with the requirements of this section shall be required to reimburse
the department and local agencies for the cost of providing these
services. If the licensee fails to provide the services required in
this section, the department shall request that the Attorney General'
s office, the city attorney's office, or the local district attorney'
s office seek injunctive relief and damages.
(j)
(m) Notwithstanding Section 1569.49, a licensee who
fails to comply with the requirements of this section shall be liable
for civil penalties in the amount of five hundred dollars ($500) per
violation per day for each day that the licensee is in violation of
this section, until the violation has been corrected. The civil
penalties shall be issued immediately following the written notice of
violation.
(k)
(n) A current or former resident of a residential care
facility for the elderly covered under this section,
section may bring a civil action against any
person, firm, partnership, or corporation who
that owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who
that violates the rights of a
the resident, as set forth in this section. Any person,
firm, partnership, or corporation who that
owns, operates, establishes, manages, conducts, or maintains a
residential care facility for the elderly who
that violates this section shall be responsible for the acts
of the facility employees in violating this section and
shall be liable for costs and attorney's fees. The residential care
facility for the elderly may also be enjoined from permitting the
violation to continue. The remedies specified in this section shall
be in addition to any other remedy provided by law.
(l)
(o) This section shall not preclude the department from
amending the effective date in the order of the suspension or
revocation of a license and closing the facility, or from pursuing
any other available remedies if necessary to protect the health and
safety of the residents in care.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.