BILL NUMBER: SB 895 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 23, 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 1569.33 of the Health and Safety Code,
relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
SB 895, as amended, Corbett. Residential care facilities for the
elderly: unannounced visits.
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 licensed residential care
facility for the elderly be subject to unannounced visits by the
department and requires the department to visit these facilities as
often as necessary to ensure the quality of care provided, but no
less often than once every 5 years. Existing law requires the
department to conduct an annual unannounced visit under specified
circumstances, including when a license is on probation, and to
conduct annual unannounced visits to no less than 20% of the
facilities not subject to an evaluation under specified
circumstances. Existing law requires the department to notify the
residential care facility for the elderly in writing of all
deficiencies and to set a reasonable length of time for compliance by
the facility. Existing law requires inspection reports, consultation
reports, lists of deficiencies, and plans of correction to be open
to public inspection.
This bill would instead require the department to ensure that each
facility is inspected at least once every 3 years
years, on or before July 1, 2016,
2016; and at least once every 2 years
years, on or before July 1, 2017, 2017;
and at least once each year year,
on or before July 1, 2018, 2018; and
each year thereafter. The bill would authorize the department to
conduct additional unannounced inspections under specified
circumstances. The bill would delete the provisions requiring the
department to conduct annual unannounced visits to no less than 20%
of the facilities and the provisions requiring an unannounced visit
no less often than once every 5 years. The bill would require the
department, with each inspection, to conduct an evaluation of the
facility for compliance with the laws and regulations governing
residential care facilities for the elderly. The bill would also
require the department to verify that a facility is in compliance no
later than 10 days after the notification of deficiencies in
compliance and would require inspection reports, consultation
reports, lists of deficiencies, and plans of correction to be open to
public inspection on the department's Internet Web site and in its
district offices.
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 inspections by the
department. The department shall perform these unannounced
inspections according to the following schedule:
(1) On or before July 1, 2016, the department shall ensure that
each facility is inspected at least once every three years and as
often as necessary to ensure the quality of care provided.
(2) On or before July 1, 2017, the department shall ensure that
each facility is inspected at least once every two years and as often
as necessary to ensure the quality of care provided.
(3) On or before July 1, 2018, and each year thereafter, the
department shall ensure that each facility is inspected at least once
each year and as often as necessary to ensure the quality of care
provided.
(b) With each inspection, the department shall conduct an
evaluation of the facility for compliance with the laws and
regulations governing residential care facilities for the elderly.
(c) The department may conduct additional unannounced inspections
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 additional inspections.
(3) When an accusation against a licensee is pending.
(4) When a facility requires additional inspections 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.
(d) (1) 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 verify that the facility is in compliance no later than 10 days
after the notification. The
(2) The 10-day compliance period
may be extended up to an additional 30 days if the department
determines that the delay will not adversely impact the health,
safety, and security of facility residents.
(3) If the department determines, prior to notification, that the
deficiencies cannot be corrected within 30 days after the
notification and that the delay will not adversely impact the health,
safety, and security of facility residents, the notice shall specify
corrective actions that shall be commenced within 30 days and the
date by which the deficiencies shall be corrected.
(e) 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 on the
department's Internet Web site and in its district offices.
offices after the department redacts all personally
identifiable information of residents.
(f) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any 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.