BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 74 (Calderon) - Care facilities: regulatory visits
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|Version: June 25, 2015 |Policy Vote: HUMAN S. 5 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: July 13, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 74 would require the Department of Social Services
(DSS) to increase the frequency of random unannounced licensing
visits of community care facilities, residential care facilities
for the elderly (RCFEs), and child day care centers, except
foster care homes, as specified, achieving annual unannounced
visits for all facilities by July 1, 2018.
Fiscal
Impact: Increased annual General Fund costs in the low millions
of dollars in 2016-17 and 2017-18, approximately $20 million in
2018-19, and about $15 million annually thereafter to increase
the visitation frequency to annually for all facilities.
Staff notes this bill would chapter out several provisions of SB
79 (Committee on Budget and Fiscal Review) Chapter 20/2015, the
Human Services budget trailer bill.
AB 74 (Calderon) Page 1 of
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Background: The Community Care Licensing Division (CCLD) of the DSS
administers the licensure and oversight of over 66,000 licensed
community care facilities in California. These facilities are
classified under 23 separate licensure categories including
adoption agencies, foster family homes, RCFEs, group homes,
adult residential facilities, adult day care, child day care
facilities and others that provide primarily non-medical care
and supervision to 1.4 million children and adults in
California.
Prior to 2003, the required frequency of CCLD facility visits
was annually for most facility types. Subsequently, in response
to the state's fiscal situation, legislation was enacted to
lengthen the interval between visits in an effort to reduce
program costs. As a result, the CCLD is now required to conduct
unannounced visits annually only in circumstances in which a
facility has a history of compliance issues. For those
residential facilities not subject to annual inspections, the
CCLD is currently required to conduct comprehensive compliance
inspections on a 30 percent random sample basis each year, with
no facility being visited less than once every five years.
In response to numerous health and safety issues discovered at
facilities licensed by the CCLD, the 2014 and 2015 Budget Acts
include funding for a comprehensive plan to reform the CCLD
program. The 2014 Budget Act included an increase of $7.5
million ($5.8 million General Fund) and 71.5 positions to
improve the timeliness of investigations, ensure the CCLD
inspects all facilities at least once every five years, increase
staff training, and establish clear fiscal, program, and
corporate accountability. The 2014 Budget also increased
licensing and application fees by 10 percent. The recently
enacted 2015 Budget Act additionally includes $3 million General
Fund and 28.5 positions to address a backlog of complaint cases
and expand training and technical assistance. Beginning in
January 2017, the DSS will begin increasing inspection frequency
to every three years for all facilities, every two years by 2018
for all facility types except child care, and annually by 2019
for adult day care and RCFEs.
Proposed Law:
This bill would require the DSS to increase the frequency of
AB 74 (Calderon) Page 2 of
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unannounced licensing visits of community care facilities,
RCFEs, child day care centers, and family day care homes, as
follows:
On or before July 1, 2016, requires DSS to conduct annual
unannounced visits to no less than 30 percent of facilities,
as specified, and visit all facilities at least once every
three years.
On or before July 1, 2017, requires DSS to conduct annual
unannounced visits to no less than 40 percent of facilities,
as specified, and visit all facilities at least once every two
years.
On and after July 1, 2018, requires DSS to conduct at least
one annual unannounced visit to each licensed community care
facility.
Prior
Legislation: AB 1454 (Calderon) 2014 was substantially similar
to this measure and would have phased in annual licensing
inspections by July 1, 2017. This bill was held on the Suspense
File of this Committee.
SB 855 (Committee on Budget and Fiscal Review) Chapter 27/2014,
among other provisions, included legislative intent language
stating, "it is the intent of the Legislature to, over a period
of time, increase the frequency of facility inspections
resulting in annual inspections for some or all facility types.
The bill would require the DSS to update the Legislature on the
status of the structural and quality enhancement improvements
during the 2015-16 legislative budget subcommittee hearings." No
statutory increase to the frequency of licensed facility visits
was included in SB 855.
AB 364 (Calderon) 2013 would have required the DSS CCLD
inspectors to make unannounced visits to most licensed
facilities (with the exception of licensed child care
facilities) at least once every two years. This bill was held on
the Suspense File of the Assembly Committee on Appropriations.
AB 419 (Mitchell) 2011 would have required the DSS to conduct an
unannounced inspection of a care facility at least once each
year and as often as necessary to ensure the quality of care
AB 74 (Calderon) Page 3 of
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provided. This bill was held on the Suspense File of the
Assembly Committee on Appropriations.
Staff
Comments: By increasing the frequency of facility visits beyond
what the 2015 Budget Act requires, the provisions of this bill
will result in additional General Fund costs. The marginal
increase over the 2015 Budget Act requirements for unannounced
facility visits are estimated in the low millions of dollars in
each of 2016-17 and 2017-18, approximately $20 million in
2018-19, and about $15 million annually thereafter to conduct
annual visits above and beyond what is required under existing
law as recently enacted under SB 79, the Human Services budget
trailer bill.
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