Amended in Senate April 10, 2014

Senate Bill No. 1153

Introduced by Senator Leno

begin insert

(Coauthors: Senators Block, Correa, and Wolk)

end insert begin insert

(Coauthors: Assembly Members Ammiano, Brown, Maienschein, Ting, and Yamada)

end insert

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 amended, 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 begin delete under certain circumstances, including, among others, end delete begin insert if the facility has failed to pay a fine assessed by the department or end insert if the department finds that the facility has violated applicable laws or regulations begin delete , end delete and the violation presents a direct or immediate risk to the health, safety, or personal rights of a resident or residents of the facility begin insert and is not corrected immediately end insert begin insert . The bill would authorize a licensee to appeal the suspension and would require the department to adopt regulations that specify the appeal procedure end insert . 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:

SECTION 1.  

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

1569.545.  

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

(b) The department may order a suspension of new admissions
for a facility in begin delete any end delete begin insert either end insert of the following circumstances:

(1) The department finds that the facility has violated this
chapter or any applicable regulations begin delete and end delete begin insert , end insert the violation presents a
direct and immediate risk to the health, safety, or personal rights
of a resident or residents of the facility begin insert , and the violation is not
corrected immediately end insert .

begin delete

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

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

(4)

end delete

begin insert (2) end insert  The facility has failed to pay a fine assessed by the
department begin insert after the facility’s appeal rights have been exhausted end insert .

(c) A suspension of new admissions for a failure to pay a fine,
as described in paragraph begin delete (4) end delete begin insert (2) end insert of subdivision (b), shall remain
in effect until the facility pays the fine assessed by the department.
begin delete For all other suspension of new admissions described in subdivision
(b), the suspension end delete

begin insert (d) end insert begin insert   end insert begin insert A suspension end insert of new admissions begin insert under paragraph (1) of
subdivision (b) end insert shall remain in effect until the department
determines that the facility has corrected the begin delete violation and, after
the correction has been made, the facility has maintained regulatory
compliance for a period of time sufficient to permit a conclusion
that the facility will maintain compliance indefinitely. end delete begin insert violation.
The department shall conduct a follow-up visit to determine
compliance within 10 working days following the latest date of
correction specified in the notice of deficiency, unless the licensee
has demonstrated that the deficiency was corrected as required
in the notice. The department may make unannounced visits after
the suspension of new admissions is lifted to ensure that the facility
continues to maintain correction of the violation. The department
may order another suspension of new admissions or take other
appropriate enforcement action if the facility does not maintain
correction of the violation. end insert

begin insert

(e) A licensee may appeal a suspension of new admissions
ordered under this section to the director. The department shall
adopt regulations that specify the appeal procedure.

end insert begin delete

(d)

end delete

begin insert (f) end insert  A suspension of new admissions begin insert ordered under this section end insert
shall not be stayed pending the facility’s appeal or request for
review.

SEC. 2.  

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