Amended in Assembly August 22, 2014

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

Senate BillNo. 895


Introduced by Senator Corbett

January 13, 2014


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 1569.33begin insert and 1569.335end insert 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 thebegin delete elderly: unannounced visits.end deletebegin insert elderly.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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 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 require residential care facilities for the elderly to remedy the deficiencies within 10 days of the notification, except asbegin delete specified, and would provide that a violation of this provision is not a misdemeanor under the act.end deletebegin insert specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.end insert 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 itsbegin delete facility, and would provide that a violation of this provision is not a misdemeanor under the act, but may be subject to civil penalties.end deletebegin insert facility. By expanding the scope of a crime, this bill would impose a state-mandated local program.end insert

begin delete

Existing

end delete

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert 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.

begin insert

(3) 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 that 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.

end insert
begin insert

This bill would additionally require the department to provide the Office of the State Long-Term Care Ombudsman with a precautionary notification if the department begins to prepare to issue a temporary suspension or revocation of any license.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 1569.33 of the Health and Safety Code
2 is amended to read:

3

1569.33.  

(a) Every licensed residential care facility for the
4elderly shall be subject to unannounced visits by the department.
5The department shall visit these facilities as often as necessary to
6ensure the quality of care provided.

7(b) The department shall conduct an annual unannounced visit
8of a facility under any of the following circumstances:

9(1) When a license is on probation.

10(2) When the terms of agreement in a facility compliance plan
11require an annual evaluation.

12(3) When an accusation against a licensee is pending.

13(4) When a facility requires an annual visit as a condition of
14receiving federal financial participation.

15(5) In order to verify that a person who has been ordered out of
16the facility for the elderly by the department is no longer at the
17facility.

18(c) (1) The department shall conduct annual unannounced visits
19to no less than 20 percent of facilities not subject to an evaluation
20under subdivision (b). These unannounced visits shall be conducted
21based on a random sampling methodology developed by the
22department.

P4    1(2) If the total citations issued by the department exceed the
2previous year’s total by 10 percent, the following year the
3department shall increase the random sample by 10 percent of the
4facilities not subject to an evaluation under subdivision (b). The
5department may request additional resources to increase the random
6sample by 10 percent.

7(d) Under no circumstance shall the department visit a residential
8care facility for the elderly less often than once every five years.

9(e) (1) The department shall notify the residential care facility
10for the elderly in writing of all deficiencies in its compliance with
11the provisions of this chapter and the rules and regulations adopted
12pursuant to this chapter.

13(2) Unless otherwise specified in the plan of correction, the
14residential care facility for the elderly shall remedy the deficiencies
15within 10 days of the notification.begin delete A violation of this paragraph is
16not subject to Section 1569.40.end delete

17(f) (1) Reports on the results of each inspection, evaluation, or
18consultation shall be kept on file in the department, and all
19inspection reports, consultation reports, lists of deficiencies, and
20plans of correction shall be open to public inspection.

21(2) (A) The department shall post on its Internet Web site
22information on how to obtain an inspection report.

23(B) It is the intent of the Legislature that the department shall
24make inspection reports available on its Internet Web site by
25January 1, 2020.

26(g) As a part of the department’s evaluation process, the
27department shall review the plan of operation, training logs, and
28marketing materials of any residential care facility for the elderly
29that advertises or promotes special care, special programming, or
30a special environment for persons with dementia to monitor
31compliance with Sections 1569.626 and 1569.627.

32(h) (1) The department shall design, or cause to be designed,
33a poster that contains information on the appropriate reporting
34agency in case of a complaint or emergency.

35(2) Each residential care facility for the elderly shall post this
36poster in the main entry way of its facility.begin delete A violation of this
37paragraph is not subject to Section 1569.40, but may be subject to
38the civil penalties specified in Section 1569.49.end delete

39

SEC. 2.  

Section 1569.331 is added to the Health and Safety
40Code
, to read:

P5    1

1569.331.  

The Legislature hereby finds and declares that in
2order to protect the health and safety of elders in care at residential
3care facilities for the elderly, appropriate oversight and regulation
4of residential care facilities for the elderly requires regular, periodic
5inspections of these facilities in addition to investigations in
6response to complaints. It is the intent of the Legislature to increase
7the frequency of unannounced inspections pursuant to Section
81569.33. In addition to the information that the State Department
9of Social Services is required to report during the 2015-16
10legislative budget subcommittee hearings pursuant to Section 85
11of Chapter 29 of the Statutes of 2014, the department shall also at
12that time report the projected costs of conducting annual
13inspections of residential care facilities for the elderly beginning
14January 1, 2018.

15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1569.335 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert

17

1569.335.  

begin insert(a)end insertbegin insertend insertThe department shallbegin delete notify affected placement
18agencies andend delete
begin insert provideend insert the Office of the State Long-Term Care
19Ombudsman, as defined in subdivision (c) of Section 9701 of the
20Welfare and Institutions Code,begin delete wheneverend deletebegin insert with a precautionary
21notification if the department begins to prepare to issue a
22temporary suspension or revocation of any license, so that the
23office may properly prepare to provide advocacy services if and
24when necessary.end insert

25begin insert (b)end insertbegin insertend insertbegin insertThe department shall notify affected public placement
26agencies and the Office of the State Long-Term Care Ombudsman,
27wheneverend insert
the department substantiates that a violation has occurred
28begin delete whichend deletebegin insert thatend insert poses a serious threat to the health and safety of any
29resident when the violation results in the assessment of any penalty
30or causes an accusation to be filed for the revocation of a license.
31begin delete Ifend delete

begin insert end insert
32begin insert(c)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertIfend insert the violation is appealed by the facility within 10 days,
33the department shall only notify placement agencies of the violation
34when the appeal has been exhausted.begin delete Ifend delete

35begin insert(2)end insertbegin insertend insertbegin insertIfend insert the appeal process has not been completed within 60 days,
36the placement agency shall be notified with a notationbegin delete whichend deletebegin insert thatend insert
37 indicates that the case is still under appeal.begin delete Theend delete

begin insert end insert
38begin insert(3)end insertbegin insertend insertbegin insertTheend insert notice to each placement agency shall be updated
39monthly for the following 24-month period and shall include the
40name and location of the facility, the amount of the fine, the nature
P6    1of the violation, the corrective action taken, the status of the
2revocation, and the resolution of the complaint.

3begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.

end insert


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