BILL NUMBER: AB 348	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 17, 2015

   An act to amend Section 1420 of the Health and Safety Code,
relating to long-term health care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 348, as amended, Brown. Long-term health care facilities.
   (1) Existing law provides for the licensure and regulation by the
State Department of Public Health of health care facilities,
including long-term health care facilities, as defined. Existing law
establishes procedures to be followed when the department receives a
written or oral complaint about a long-term health care facility. A
complaint is defined to mean any notice to the department, other than
a report from the facility, of an alleged violation of applicable
requirements of state or federal law or any alleged facts that might
constitute a violation. 
   This bill, on or before July 1, 2016, would require the department
to set a performance benchmark for completing its investigations
within a defined number of days after receiving the complaint, not to
exceed 60 working days. The bill would require the department, if it
extends an investigation beyond the number of days specified in the
benchmark, to notify the complainant, in writing, of the basis for
the extension. The bill would require, effective July 1, 2016, and
upon request of the complainant, that the department provide specific
findings concerning an alleged violation, and include a summary of
the evidence upon which the determination is based. The bill would
require the department to comply with those specified time periods
established for investigations and inspections of complaints from a
facility of an alleged violation of applicable requirements of state
or federal law or any alleged facts that may constitute an alleged
violation of these requirements. The bill would require the
department to analyze its compliance with the benchmark in its annual
system and staffing analysis, to make that analysis available to the
relevant fiscal and policy committees of the Legislature, and to
post it on the department's Internet Web site.  
   (2) Existing law provides the complainant with 5 business days
after receipt of the notice of the department's determination in
which to request an informal conference.  
   This bill would, instead, provide the complainant with 15 days
after receipt of the notice in which to request an informal
conference.  
   This bill would require the department to complete its
investigation of the complaint within 40 working days of its receipt,
except that this period may be extended up to an additional 30 days
if the department has diligently attempted, but has not been able to
obtain, necessary evidence related to the investigation. The bill
would require the department, if it extends an investigation beyond
40 working days, to notify the complainant, in writing, of the basis
for the extension. The bill would require, effective July 1, 2016,
that the department's written determination provide specific findings
concerning each alleged violation, and include a summary of the
evidence upon which the determination is based. The bill would
require the department to comply with those specified time periods
established for investigations and inspections of complaints from a
facility of an alleged violation of applicable requirements of state
or federal law or any alleged facts that may constitute an alleged
violation of these requirements.  
   (2) Existing law provides the complainant with 5 business days
after receipt of the notice of the department's determination in
which to request an informal conference, as specified.  
   This bill would instead provide the complainant with 15 days after
receipt of the notice in which to request an informal conference.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1420 of the   Health
and Safety Code   is amended to read: 
   1420.  (a) (1) Upon receipt of a written or oral complaint, the
 state  department shall assign an inspector to make
a preliminary review of the complaint and shall notify the
complainant within two working days of the receipt of the complaint
of the name of the inspector. Unless the  state 
department determines that the complaint is willfully intended to
harass a licensee or is without any reasonable basis, it shall make
an onsite inspection or investigation within 10 working days of the
receipt of the complaint. In any case in which the complaint involves
a threat of imminent danger of death or serious bodily harm, the
 state  department shall make an onsite inspection
or investigation  within   as soon as
practicable, and in no case more than  24 hours of the receipt
of the complaint. In any event, the complainant shall be promptly
informed of the  state  department's proposed course
of action and of the opportunity to accompany the inspector on the
inspection or investigation of the facility. Upon the request of
either the complainant or the  state  department,
the complainant or his or her representative, or both, may be allowed
to accompany the inspector to the site of the alleged violations
during his or her tour of the facility, unless the inspector
determines that the privacy of any patient would be violated thereby.

   (2) When conducting an onsite inspection or investigation pursuant
to this section, the  state  department shall
collect and evaluate all available evidence and may issue a citation
based upon, but not limited to, all of the following:
   (A) Observed conditions.
   (B) Statements of witnesses.
   (C) Facility records. 
   (3) The department shall complete its investigation within 40
working days from receipt of the complaint. The 40-working-day period
may be extended up to an additional 30 days if the department has
diligently attempted, but has not been able to obtain, necessary
evidence related to the investigation. The department shall analyze
its compliance with this requirement in its annual system and
staffing analysis prepared pursuant to subparagraph (B) of paragraph
(2) of subdivision (d) of Section 1266.  
   (4) If the department extends an investigation beyond 40 working
days, it shall notify the complainant, in writing, of the basis for
the extension, and shall include in the notice any outstanding
evidence and the sources from which the evidence has been sought, and
the anticipated completion date.  
   (3) 
    (5)  Within 10 working days of the completion of the
complaint investigation, the  state  department
shall notify the complainant and  licensee  
licensee,  in  writing   writing,  of
the department's determination as a result of the inspection or
investigation. 
   (6) Effective July 1, 2016, the department's written determination
shall provide specific findings concerning each alleged violation,
and shall include a summary of the evidence upon which the
determination is made. The written determination shall not disclose
the names of individual residents. 
   (b) Upon being notified of the  state  department'
s determination as a result of the inspection or investigation, a
complainant who is dissatisfied with the  state 
department's determination, regarding a matter which would pose a
threat to the health, safety, security, welfare, or rights of a
resident, shall be notified by the  state 
department of the right to an informal conference, as set forth in
this section. The complainant may, within  five business
  15  days after receipt of the notice, notify the
director in writing of his or her request for an informal conference.
The informal conference shall be held with the designee of the
director for the county in which the long-term health care facility
 which   that  is the subject of the
complaint is located. The long-term health care facility may
participate as a party in this informal conference. The director's
designee shall notify the complainant and licensee of his or her
determination within 10 working days after the informal conference
and shall apprise the complainant and licensee in writing of the
appeal rights provided in subdivision (c).
   (c) If the complainant is dissatisfied with the determination of
the director's designee in the county in which the facility is
located, the complainant may, within 15 days after receipt of this
determination, notify in writing the Deputy Director of the Licensing
and Certification Division of the  state 
department, who shall assign the request to a representative of the
Complainant Appeals Unit for review of the facts that led to both
determinations. As a part of the Complainant Appeals Unit's
independent investigation, and at the request of the complainant, the
representative shall interview the complainant in the district
office where the complaint was initially referred. Based upon this
review, the Deputy Director of the Licensing and Certification
Division of the  state  department shall make his or
her own determination and notify the complainant and the facility
within 30 days.
   (d) Any citation issued as a result of a conference or review
provided for in subdivision (b) or (c) shall be issued and served
upon the facility within three working days of the final
determination, unless the licensee agrees in writing to an extension
of this time. Service shall be effected either personally or by
registered or certified mail. A copy of the citation shall also be
sent to each complainant by registered or certified mail.
   (e) A miniexit conference shall be held with the administrator or
his or her representative upon leaving the facility at the completion
of the investigation to inform him or her of the status of the
investigation. The department shall also state the items of
noncompliance and compliance found as a result of a complaint and
those items found to be in compliance, provided the disclosure
maintains the anonymity of the complainant. In any matter in which
there is a reasonable probability that the identity of the
complainant will not remain anonymous, the  state 
department shall also notify the facility that it is unlawful to
discriminate or seek retaliation against a resident, employee, or
complainant.
   (f) For purposes of this section, "complaint" means any oral or
written notice to the  state  department, other than
a report from the  facility   facility, 
of an alleged violation of applicable requirements of state or
federal law or any alleged facts that might constitute  such
 a  violation.   violation of these
requirements.  
   (g) The department shall apply the timeframes for investigation or
inspection established in this section to a report from the facility
of an alleged violation of applicable requirements of state or
federal law or any alleged facts that might constitute a violation of
those requirements.  
   (h) Nothing in this section shall be interpreted to diminish the
department's authority and obligation to investigate any alleged
violation of applicable requirements of state or federal law, or any
alleged facts that might constitute a violation of applicable
requirements of state or federal law, and to enforce applicable
requirements of law.  
  SECTION 1.    Section 1420 of the Health and
Safety Code is amended to read:
   1420.  (a) (1) Upon receipt of a written or oral complaint, the
department shall assign an inspector to make a preliminary review of
the complaint and shall notify the complainant within two working
days of the receipt of the complaint of the name of the inspector.
Unless the department determines that the complaint is willfully
intended to harass a licensee or is without any reasonable basis, it
shall make an onsite inspection or investigation within 10 working
days of the receipt of the complaint. In any case in which the
complaint involves a threat of imminent danger of death or serious
bodily harm, the department shall make an onsite inspection or
investigation as soon as practicable, and in no case more than 24
hours of the receipt of the complaint. In any event, the complainant
shall be promptly informed of the department's proposed course of
action and of the opportunity to accompany the inspector on the
inspection or investigation of the facility. Upon the request of
either the complainant or the department, the complainant or his or
her representative, or both, may be allowed to accompany the
inspector to the site of the alleged violations during his or her
tour of the facility, unless the inspector determines that the
privacy of any patient would be violated thereby.
   (2) When conducting an onsite inspection or investigation pursuant
to this section, the department shall collect and evaluate all
available evidence and may issue a citation based upon, but not
limited to, all of the following:
   (A) Observed conditions.
   (B) Statements of witnesses.
   (C) Facility records.
   (3) On or before July 1, 2016, the department shall set a
performance benchmark for completing its investigation within a
defined number of days after receiving the complaint. The performance
benchmark may be less than, but shall not exceed, 60 working days.
   (4) If the department extends an investigation beyond the number
of days specified in the performance benchmark, it shall notify the
complainant, in writing, of the basis for the extension, and shall
include in the notice the status of the investigation and the
anticipated completion date. The department shall, thereafter,
complete the investigation as expeditiously as possible.
   (5) Within 10 working days of the completion of the complaint
investigation, the department shall notify the complainant and
licensee, in writing, of the department's determination as a result
of the inspection or investigation.
   (6) Effective July 1, 2016, upon request of the complainant, the
department shall provide specific findings concerning an alleged
violation, and shall include a summary of the evidence upon which the
determination is made. The written determination shall not disclose
the names of individual residents.
   (b) Upon being notified of the department's determination as a
result of the inspection or investigation, a complainant who is
dissatisfied with the department's determination, regarding a matter
which would pose a threat to the health, safety, security, welfare,
or rights of a resident, shall be notified by the department of the
right to an informal conference, as set forth in this section. The
complainant may, within 15 days after receipt of the notice, notify
the director in writing of his or her request for an informal
conference. The informal conference shall be held with the designee
of the director for the county in which the long-term health care
facility that is the subject of the complaint is located. The
long-term health care facility may participate as a party in this
informal conference. The director's designee shall notify the
complainant and licensee of his or her determination within 10
working days after the informal conference and shall apprise the
complainant and licensee in writing of the appeal rights provided in
subdivision (c).
   (c) If the complainant is dissatisfied with the determination of
the director's designee in the county in which the facility is
located, the complainant may, within 15 days after receipt of this
determination, notify in writing the Deputy Director of the Licensing
and Certification Division of the department, who shall assign the
request to a representative of the Complainant Appeals Unit for
review of the facts that led to both determinations. As a part of the
Complainant Appeals Unit's independent investigation, and at the
request of the complainant, the representative shall interview the
complainant in the district office where the complaint was initially
referred. Based upon this review, the Deputy Director of the
Licensing and Certification Division of the department shall make his
or her own determination and notify the complainant and the facility
within 30 days.
   (d) Any citation issued as a result of a conference or review
provided for in subdivision (b) or (c) shall be issued and served
upon the facility within three working days of the final
determination, unless the licensee agrees in writing to an extension
of this time. Service shall be effected either personally or by
registered or certified mail. A copy of the citation shall also be
sent to each complainant by registered or certified mail.
   (e) A miniexit conference shall be held with the administrator or
his or her representative upon leaving the facility at the completion
of the investigation to inform him or her of the status of the
investigation. The department shall also state the items of
noncompliance and compliance found as a result of a complaint and
those items found to be in compliance, provided the disclosure
maintains the anonymity of the complainant. In any matter in which
there is a reasonable probability that the identity of the
complainant will not remain anonymous, the department shall also
notify the facility that it is unlawful to discriminate or seek
retaliation against a resident, employee, or complainant.
   (f) For purposes of this section, "complaint" means any oral or
written notice to the department, other than a report from the
facility, of an alleged violation of applicable requirements of state
or federal law or any alleged facts that might constitute a
violation of these requirements.
   (g) The department shall apply the timeframes for investigation or
inspection established in this section to a report from the facility
of an alleged violation of applicable requirements of state or
federal law or any alleged facts that might constitute a violation of
those requirements.
   (h) It is the intent of the Legislature in enacting the amendments
that added this subdivision that the department endeavor to complete
investigations of complaints within the benchmark established
pursuant to this section.
   (i) The department shall analyze its compliance with the benchmark
developed pursuant to paragraph (3) of subdivision (a) in its annual
system and staffing analysis prepared pursuant to paragraph (2) of
subdivision (d) of Section 1266. The analysis required pursuant to
this subdivision shall be made available to the relevant fiscal and
policy committees of the Legislature and shall be posted on the
department's Internet Web site. The analysis shall provide data on
the department's performance and shall include, at a minimum, a
tabulation of all of the following:
   (1) Open investigations.
   (2) Completed investigations.
   (3) Number and percentage of investigations that meet the
benchmark.
   (4) Average length of time to complete an investigation.
   (j) Nothing in this section shall be interpreted to diminish the
department's authority and obligation to investigate and enforce any
alleged violation of applicable requirements of state or federal law,
or any alleged facts that might constitute a violation of applicable
requirements of state or federal law.