BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 74|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 74
Author: Calderon (D)
Amended: 8/31/15 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/23/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Care facilities: regulatory visits
SOURCE: Author
DIGEST: This bill requires annual unannounced inspections of
all licensed child day care centers and family child care homes
on and after January 1, 2019.
ANALYSIS:
Existing law:
1)Establishes the California Child Day Care Facilities Act to
provide for the licensure and regulation of child day care and
family day care facilities as a separate licensing category
within the existing licensing structure of California
Department of Social Services (CDSS). (HSC 1596.72 et seq.)
2)Provides for the CDSS licensure and regulation of small family
day care homes serving between six and eight children, as
specified, in a residentially zoned and occupied property.
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(HSC 1597.30 et seq.)
3)Provides that facilities licensed by CDSS shall be subject to
unannounced visits by CDSS and that the CDSS shall visit
facilities as often as necessary to ensure the quality of care
provided. (HSC 1534, 1569.33, 1597.09 and 1597.55a)
4)Requires CDSS to perform random inspections each year on no
fewer than 20 percent of facilities not subject to annual
inspections. Provides that this percentage shall increase by
10 percent if the total citations issued by CDSS exceeds the
previous year by 10 percent. As a result of this trigger, CDSS
currently is required to perform random inspections on 30
percent of the facilities not subject to annual inspection.
Requires CDSS to visit every facility no less than every 5
years. (HSC 1534, 1569.33, 1597.09, 1597.55 (a))
5)Increases incrementally, pursuant to SB 79 (Committee on
Budget and Fiscal Review, Chapter 20, Statutes of 2015), the
inspection frequency for licensed community care facilities as
follows:
a) Adult residential facilities and adult day programs:
i) Beginning January 1, 2017 facilities shall be
inspected no less than every 3 years;
ii) Beginning January 1, 2018, facilities shall be
inspected no less than every 2 years;
iii) Beginning January 1, 2019, facilities shall be
inspected annually.
b) Children's residential facilities and foster family
homes:
i) Beginning January 1, 2017 facilities shall be
inspected no less than every 3 years;
ii) Beginning January 1, 2018, facilities shall be
inspected no less than every 2 years.
c) Child care centers and family day care homes:
i) Beginning January 1, 2017 day care centers shall be
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inspected at least every three years.
This bill provides that, beginning January 1, 2019, child care
centers and family day care homes shall be inspected annually.
Background
Regulatory Oversight: The Community Care Licensing Division
(CCLD) of CDSS provides the primary regulatory oversight over
the quality and care in nearly 65,000 licensed community care
facilities. Counties are contracted with the department to
license an additional 6,100 facilities. These facilities fall
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 which provide primarily non-medical care
and supervision to 1.4 million children and adults in
California.
Prior to January 2004, CCLD was required to conduct at least
annual visits for all licensed community care facilities within
its jurisdiction. However, in 2003 under a budget trailer bill
enacting substantial budget cuts due to the ongoing deficit,
this statute was changed to require that only those facilities
which warrant close monitoring because of a poor history of
compliance or are federally required to be inspected annually
are subject to annual visits (about 10 percent of facilities).
The trailer bill required that 10 percent of the remaining
facilities not subject to annual inspection would be randomly
inspected each year and that no facility shall be visited less
than once every five years.
The bill included a trigger increasing the percentage of random
inspections by 10 percent if total citations increased over the
prior year by 10 percent or more. Later statute was changed to
impose a 20 percent random inspection standard. Today, as a
result of the trigger, 30 percent of facilities are randomly
selected for inspection each year.
Currently, CDSS reports it makes more than 24,000 annual
inspections and investigates more than 14,000 complaints
involving licensed care. Due to extremely antiquated technology,
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the department is unable to provide detailed information on the
nature of those complaints or how they were resolved.
Impact of reduced visit frequency: A 2008 study published by
the California Health Care Foundation investigated the impact on
the truncated frequency of visits on RCFEs, and found that
"routine visits were replaced with significant increases in the
number of complaint and problem-driven visits" and that "the
monitoring of quality of care in RCFEs has become a complaint
and problem driven process." CCL has repeatedly sought to
restore the cuts made to licensing, arguing that the cuts to
staff and resulting changed protocols "have put client health
and safety at risk. By not consistently inspecting facilities,
or inspecting a facility only as the result of a complaint, CCL
(analysts) have lost rapport with licensees, which in turn has
not been conducive to helping clients in those facilities."
Recent Budget Actions: SB 855 (Committee on Budget and Fiscal
Review, Chapter 27, Statutes of 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. This year, SB 79
(Committee on Budget and Fiscal Review, Chapter 20, Statutes of
2015) statutorily increased the frequency of inspections for all
facilities as described in the table below. However, SB 79 does
not achieve annual inspections for children's residential care
facilities or child care facilities. This bill would expand on
the budget action to additionally implement annual inspections
for child care facilities, while children's residential
facilities would remain subject to inspections every two years.
Inspection Frequency Summary: SB 79 compared to AB 74
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| Facility | Current | January 1, | January 1, | January 1, |
| Type | Law | 2017 | 2018 | 2019 |
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|-------------+-----------+------------+------------+------+------|
| | | | Budget |Budget|AB 74 |
| | | Budget | | | |
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| | | | | | |
|-------------+-----------+------------+------------+------+------|
| Childcare | 5 years | 3 years | 3 years |3 |Annual|
| facilities | | | | years| ly |
|-------------+-----------+------------+------------+------+------|
| Children's | 5 years | 3 years | 2 years |2 | N/A |
| residential | | | | years| |
| care | | | | | |
| facilities | | | | | |
|-------------+-----------+------------+------------+------+------|
| Adult and | 5 years | 3 years | 2 years |Annual| N/A |
| senior care | | | | | |
| facilities | | | | | |
|-------------+-----------+------------+------------+------+------|
| Percentage | 30% | 30 % | 20% | 30% | N/A |
| of | | | | (for | |
| facilities | | | |those | |
| randomly | | | | not | |
| inspected | | | |annual| |
| annually | | | | ly | |
| | | | |inspec| |
| | | | | ted) | |
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, this bill
would incur first-year licensing costs to the Department of
Social Services of $13.5 million and $10.5 million (General
Fund) annually thereafter.
SUPPORT: (Verified8/28/15)
Advancement Project
AFSCME
Alliance
California Advocates for Nursing Home Reform
California Alternative Payment Program Association
California Assisted Living Association
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California Childcare Resource & Referral Network
California Commission on Aging
California Communities United Institute
California Continuing Care Residents Association
California Long-Term Care Ombudsman Association
California Retired Teachers Association
California State PTA
California State Retirees
Childcare Alliance of Los Angeles
Childcare Development Resources of Ventura County
Children Now
City of Burbank
City of Fountain Valley
Community Action Partnership of Madera County
Community Resources for Children
Consumer Federation of California
County of San Bernardino
County of San Diego
Del Norte Child Care Council
Early Edge California
First 5 California
First 5 LA
LAUP
Leading Age California
League of California Cities
National Association of Social Workers
Office of the State long-Term Care Ombudsman
Solano Family and Children Services
Special Needs Network
State Council on Developmental Disabilities
United States Department of Defense State Liaison
OPPOSITION: (Verified8/28/15)
None received
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
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Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524
8/30/15 19:07:11
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