BILL NUMBER: SB 895	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	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  , and to add Section
1569.331 to,  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.  Violation of these provisions is a misdemeanor. 
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, on or before July
1, 2016; and at least once every 2 years, on or before July 1, 2017;
and at least once each year, on or before July 1, 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.  
   This bill would require residential care facilities for the
elderly to remedy the deficiencies within 10 days of the
notification, except as specified, and would provide that a violation
of this provision is not a misdemeanor under the act. The bill would
require the department to post on its Internet Web site information
on how to obtain an inspection report, and would state the intent of
the Legislature that the department make inspection reports available
on its Internet Web site by January 1, 2020.  
   The bill would also require the department to design, or cause to
be designed, a poster that contains information on the appropriate
reporting agency in case of a complaint or emergency. The bill would
require a residential care facility for the elderly to post this
poster in the main entry way of its facility, and would provide that
a violation of this provision is not a misdemeanor under the act, but
may be subject to civil penalties.  
   Existing law states the intent of the Legislature that increased
staffing and funding resources for the State Department of Social
Services Community Care Licensing Division (CCLD) appropriated in the
Budget Act of 2014 be used to enhance the CCLD's structure and
improve its operations. Existing law also states the intent of the
Legislature to increase the frequency of facility inspections
resulting in annual inspections for some or all facility types,
including residential care facilities for the elderly. Existing law
requires the State Department of Social Services, during the 2015-16
legislative budget subcommittee hearings, to update the Legislature
on the status of the structural and quality enhancement improvements.
 
   This bill would require the department to also report the
projected costs of conducting annual inspections of residential care
facilities for the elderly beginning January 1, 2018. 
   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)  (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 set a reasonable length of time for compliance by
the facility.   chapter.  
   (2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the
deficiencies within 10 days of the notification. A violation of this
paragraph is not subject to Section 1569.40. 
   (f)  (1)    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. 
   (2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.  
   (B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by January
1, 2020. 
   (g) 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. 
   (h) (1) The department shall design, or cause to be designed, a
poster that contains information on the appropriate reporting agency
in case of a complaint or emergency.  
   (2) Each residential care facility for the elderly shall post this
poster in the main entry way of its facility. A violation of this
paragraph is not subject to Section 1569.40, but may be subject to
the civil penalties specified in Section 1569.49. 
   SEC. 2.    Section 1569.331 is added to the 
 Health and Safety Code   , to read:  
   1569.331.  The Legislature hereby finds and declares that in order
to protect the health and safety of elders in care at residential
care facilities for the elderly, appropriate oversight and regulation
of residential care facilities for the elderly requires regular,
periodic inspections of these facilities in addition to
investigations in response to complaints. It is the intent of the
Legislature to increase the frequency of unannounced inspections
pursuant to Section 1569.33. In addition to the information that the
State Department of Social Services is required to report during the
2015-16 legislative budget subcommittee hearings pursuant to Section
85 of Chapter 29 of the Statutes of 2014, the department shall also
at that time report the projected costs of conducting annual
inspections of residential care facilities for the elderly beginning
January 1, 2018.  
  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.
    (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 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.