BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 74|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 74
Author: Calderon (D), et al.
Amended: 9/2/15 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 incrementally increases unannounced
inspections of all licensed child day care centers and family
child care homes such that on and after January 1, 2019, all
licensed facilities shall be inspected annually.
Senate Floor Amendments of 9/2/15 clarify the timelines for
incrementally increasing the frequency of inspections for child
day care centers and family day care homes.
ANALYSIS:
Existing Law:
1)Establishes the California Child Day Care Facilities Act to
provide for the licensure and regulation of child day care and
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family day care facilities as a separate licensing category
within the existing licensing structure of 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.
(HSC 1597.30 et seq.)
3)Provides that licensed facilities shall be subject to
unannounced visits by CDSS and that the department 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 the department
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)Pursuant to SB 79 (Committee on Budget and Fiscal Review,
Chapter 20, Statutes of 2015), incrementally increases 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
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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 day care centers and family day care homes:
i) Beginning January 1, 2017 day care centers shall be
inspected at least every three years.
This bill:
1)Provides that, on and after January 1, 2018 and until January
1, 2019, CDSS shall do both of the following:
a) Conduct an annual unannounced inspection of no less than
20 percent of facilities not otherwise subject to annual
inspections.
b) Inspect all licensed child day care centers and family
day care homes at least once every two years.
2)Provides that, beginning January 1, 2019, child care centers
and family day care homes shall be inspected annually.
3)Conforms with existing law enacted by SB 79 (Committee on
Budget and Fiscal Review, Chapter 20, Statutes of 2015) which
provided that on or after January 1, 2017, and until January 1
2018, CDSS shall do both of the following:
a) Conduct an annual unannounced inspection of no less than
30 percent of facilities not otherwise subject to annual
inspections.
b) Inspect all licensed child day care centers and family
day care homes at least once every three years.
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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
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inspections and investigates more than 14,000 complaints
involving licensed care. Due to extremely antiquated technology,
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.
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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 | | | |
| | | | | | |
|-------------+-----------+------------+------------+------+------|
| 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
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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
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
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Page 8
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,
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
9/3/15 14:10:53
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