as amended, Corbett. Residential care facilities for the
begin delete elderly: unannounced visits.end delete
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 as
begin delete specified, and would provide that a violation of this provision is not a misdemeanor under the act.end delete 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
begin 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 delete
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.
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 1569.33 of the Health and Safety Code
2 is amended to read:
(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
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
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
Section 1569.331 is added to the Health and Safety
40Code, to read:
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.
The department shall
begin delete notify affected placement the Office of the State Long-Term Care
18agencies andend delete
19Ombudsman, as defined in subdivision (c) of Section 9701 of the
20Welfare and Institutions Code,
begin delete wheneverend delete
25 the department substantiates that a violation has occurred
begin delete whichend delete 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.
begin delete Ifend delete
32 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
35 the appeal process has not been completed within 60 days,
36the placement agency shall be notified with a notation
begin delete whichend delete
37 indicates that the case is still under appeal.
begin delete Theend delete
38 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.