Senate BillNo. 1153


Introduced by Senator Leno

February 20, 2014


An act to add Section 1569.545 to the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 1153, as introduced, Leno. Residential care facilities for the elderly.

Existing law 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 authorizes the department to deny an application for a license or suspend or revoke a license issued by the department under specified circumstances.

This bill would authorize the department to order a suspension of new admissions prohibiting a residential care facility for the elderly from admitting new residents under certain circumstances, including, among others, if the department finds that the facility has violated applicable laws or regulations, and the violation presents a direct or immediate risk to the health, safety, or personal rights of a resident or residents of the facility. By expanding the scope 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:

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SECTION 1.  

Section 1569.545 is added to the Health and
2Safety Code
, to read:

3

1569.545.  

(a) For purposes of this section, “suspension of new
4admissions” means a prohibition on admitting new residents to
5receive care or services in the facility.

6(b) The department may order a suspension of new admissions
7for a facility in any of the following circumstances:

8(1) The department finds that the facility has violated this
9chapter or any applicable regulations and the violation presents a
10direct and immediate risk to the health, safety, or personal rights
11of a resident or residents of the facility.

12(2) The department finds that the facility has violated this
13chapter or any applicable regulations and the violation indicates
14that the facility is not providing adequate care and supervision to
15its residents.

16(3) The department has cited the facility for a subsequent
17violation of the same law or applicable regulation within 12 months
18of the first violation.

19(4) The facility has failed to pay a fine assessed by the
20department.

21(c) A suspension of new admissions for a failure to pay a fine,
22as described in paragraph (4) of subdivision (b), shall remain in
23effect until the facility pays the fine assessed by the department.
24For all other suspension of new admissions described in subdivision
25(b), the suspension of new admissions shall remain in effect until
26the department determines that the facility has corrected the
27violation and, after the correction has been made, the facility has
28maintained regulatory compliance for a period of time sufficient
29to permit a conclusion that the facility will maintain compliance
30indefinitely.

31(d) A suspension of new admissions shall not be stayed pending
32the facility’s appeal or request for review.

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SEC. 2.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
P3    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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