BILL NUMBER: SB 894 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2014
AMENDED IN SENATE MARCH 26, 2014
AMENDED IN SENATE FEBRUARY 14, 2014
INTRODUCED BY Senator Corbett
JANUARY 13, 2014
An act to amend Section Sections 1569.335
and 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
or following a temporary suspension or revocation of a
license that it is necessary to protect
there is a risk to 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 arranging for the
preparation of the residents' records and medications for
transfer and checking in on the status of each transferred 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 written notice of license suspension or revocation to the resident
or resident's responsible person, as specified, and would require a
resident who transfers due to the receipt of a notice of a temporary
suspension or revocation of a license 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 that owns, operates, establishes,
manages, conducts, or maintains a residential care facility for the
elderly who violates the specified rights of the resident.
Existing law requires the department to notify affected placement
agencies and the Office of the State Long-Term Care Ombudsman
whenever the department substantiates that a violation has occurred
which poses a serious threat to the health and safety of any resident
when the violation results in the assessment of any penalty or
causes an accusation to be filed for the revocation of a license.
This bill would additionally require the department to provide the
Office of the State Long-Term Care Ombudsman with a precautionary
notification if the director is reasonably contemplating a temporary
suspension or revocation of any license.
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 1569.335 of the
Health and Safety Code is amended to read:
1569.335. (a) The department shall
notify affected placement agencies and provide
the Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of Section 9701 of the Welfare and Institutions Code,
whenever with a precautionary notification
if the director is reasonably contemplating a temporary suspension or
revocation of any license, so that the office may properly prepare
to provide advocacy services if and when necessary.
(b) The department shall notify
affected public placement agencies, including the Office of the State
Long-Term Care Ombudsman, whenever the department
substantiates that a violation has occurred which poses a serious
threat to the health and safety of any resident when the violation
results in the assessment of any penalty or causes an accusation to
be filed for the revocation of a license. If
(c) (1) If
the violation is appealed by the facility within 10 days, the
department shall only notify placement agencies of the violation when
the appeal has been exhausted. If
(2) If the appeal process has not
been completed within 60 days, the placement agency shall be
notified with a notation which that
indicates that the case is still under appeal. The
(3) The notice to each placement
agency shall be updated monthly for the following 24-month period and
shall include the name and location of the facility, the amount of
the fine, the nature of the violation, the corrective action taken,
the status of the revocation, and the resolution of the complaint.
SECTION 1. SEC. 2. Section 1569.525
of the Health and Safety Code is amended to read:
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 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 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, 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:
(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.
(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:
(A) "Comparable programming" includes, but is not limited to,
dementia care, hospice care, and care for residents with exempted
prohibited health care conditions.
(B) "Comparable size" means a facility capacity of 1 to 15
residents, 16 to 49 residents, or 50 or more residents.
(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.
(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.
(i) (1) Notwithstanding Section 1569.651 or any other law, for
paid preadmission fees, a resident who transfers from the facility
due to the notice of a temporary suspension or revocation of a
license pursuant to this section is entitled to a refund in
accordance with all of the following:
(A) A 100-percent refund if preadmission fees were paid within six
months of either notice required by this section.
(B) A 75-percent refund if preadmission fees were paid more than 6
months, but not more than 12 months, before either notice required
by this section.
(C) A 50-percent refund if preadmission fees were paid more than
12 months, but not more than 18 months, before either notice required
by this section.
(D) A 25-percent refund if preadmission fees were paid more than
18 months, but not more than 25 months, before either notice required
by this section.
(2) No preadmission fee refund is required if preadmission fees
were paid 25 months or more before either notice required by this
section.
(3) The preadmission fee refund required by this paragraph shall
be paid within 15 days of issuing either notice required by 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 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.
(j) Within 24 hours after each resident who is transferring
pursuant to these provisions 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
responsible person, submit a final list of names and new locations of
all residents to the department and the local ombudsman program.
(k) If at any point during or following a temporary suspension or
revocation of a license the director determines that 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, including, but not 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 coordinate
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 coordinate
care and supervision.
(6) Distribute Arrange for the
distribution of medications.
(7) Arrange for the preparation and service of meals and snacks.
(8) Prepare Arrange for the
preparation of 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 resident within 24
hours of transfer.
(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.
(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.
(n) A current or former resident of a residential care facility
for the elderly covered under this section may bring a civil action
against any person, firm, partnership, or corporation that owns,
operates, establishes, manages, conducts, or maintains a residential
care facility for the elderly that violates the rights of the
resident, as set forth in this section. Any person, firm,
partnership, or corporation that owns, operates, establishes,
manages, conducts, or maintains a residential care facility for the
elderly 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.
(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. SEC. 3. 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.