Amended in Assembly April 14, 2015

Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 348


Introduced by Assembly Member Brown

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(Coauthor: Assembly Member Mathis)

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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 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 30begin insert workingend insert 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 allegedbegin delete violation,end deletebegin insert violationend insert 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.begin insert The bill would also require the department to analyze its compliance with the timeframes for investigations end insertbegin inserton a quarterly basis and post those findings on its Internet Web site.end insert

(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:

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SECTION 1.  

Section 1420 of the Health and Safety Code is
2amended to read:

3

1420.  

(a) (1) Upon receipt of a written or oral complaint, the
4department shall assign an inspector to make a preliminary review
5of the complaint and shall notify the complainant within two
6working days of the receipt of the complaint of the name of the
7inspector. Unless the department determines that the complaint is
8willfully intended to harass a licensee or is without any reasonable
9basis, it shall make an onsite inspection or investigation within 10
10working days of the receipt of the complaint. In any case in which
11the complaint involves a threat of imminent danger of death or
12serious bodily harm, the department shall make an onsite inspection
13or investigation as soon as practicable, and in no case more than
1424 hours of the receipt of the complaint. In any event, the
15complainant shall be promptly informed of the department’s
16proposed course of action and of the opportunity to accompany
17the inspector on the inspection or investigation of the facility. Upon
18the request of either the complainant or the department, the
19complainant or his or her representative, or both, may be allowed
20to accompany the inspector to the site of the alleged violations
P3    1during his or her tour of the facility, unless the inspector determines
2that the privacy of any patient would be violated thereby.

3(2) When conducting an onsite inspection or investigation
4pursuant to this section, the department shall collect and evaluate
5all available evidence and may issue a citation based upon, but not
6limited to, all of the following:

7(A) Observed conditions.

8(B) Statements of witnesses.

9(C) Facility records.

10(3) The department shall complete its investigation within 40
11working days from receipt of the complaint. The 40-working-day
12period may be extended up to an additional 30begin insert workingend insert days if the
13department has diligently attempted, but has not been able to
14obtain, necessary evidence related to the investigation. begin delete The
15department shall analyze its compliance with this requirement in
16its annual system and staffing analysis prepared pursuant to
17subparagraph (B) of paragraph (2) of subdivision (d) of Section
181266.end delete

19(4) If the department extends an investigation beyond 40
20working days, it shall notify the complainant, in writing, of the
21basis for the extension, and shall include in the notice any
22outstanding evidence and the sources from which the evidence has
23been sought, and the anticipated completion date.

24(5) Within 10 working days of the completion of the complaint
25investigation, the department shall notify the complainant and
26licensee, in writing, of the department’s determination as a result
27of the inspection or investigation.

28(6) Effective July 1, 2016, the department’s written
29determination shall provide specific findings concerning each
30alleged violation, and shall include a summary of the evidence
31upon which the determination is made. The written determination
32shall not disclose the names of individual residents.

33(b) Upon being notified of the department’s determination as a
34result of the inspection or investigation, a complainant who is
35dissatisfied with the department’s determination, regarding a matter
36which would pose a threat to the health, safety, security, welfare,
37or rights of a resident, shall be notified by the department of the
38right to an informal conference, as set forth in this section. The
39complainant may, within 15 days after receipt of the notice, notify
40the director in writing of his or her request for an informal
P4    1conference. The informal conference shall be held with the
2designee of the director for the county in which the long-term
3health care facility that is the subject of the complaint is located.
4The long-term health care facility may participate as a party in this
5informal conference. The director’s designee shall notify the
6complainant and licensee of his or her determination within 10
7working days after the informal conference and shall apprise the
8complainant and licensee in writing of the appeal rights provided
9in subdivision (c).

10(c) If the complainant is dissatisfied with the determination of
11the director’s designee in the county in which the facility is located,
12the complainant may, within 15 days after receipt of this
13determination, notify in writing the Deputy Director of the
14Licensing and Certification Division of the department, who shall
15assign the request to a representative of the Complainant Appeals
16Unit for review of the facts that led to both determinations. As a
17part of the Complainant Appeals Unit’s independent investigation,
18and at the request of the complainant, the representative shall
19interview the complainant in the district office where the complaint
20was initially referred. Based upon this review, the Deputy Director
21of the Licensing and Certification Division of the department shall
22make his or her own determination and notify the complainant and
23the facility within 30 days.

24(d) Any citation issued as a result of a conference or review
25provided for in subdivision (b) or (c) shall be issued and served
26upon the facility within three working days of the final
27determination, unless the licensee agrees in writing to an extension
28of this time. Service shall be effected either personally or by
29registered or certified mail. A copy of the citation shall also be
30sent to each complainant by registered or certified mail.

31(e) A miniexit conference shall be held with the administrator
32or his or her representative upon leaving the facility at the
33completion of the investigation to inform him or her of the status
34of the investigation. The department shall also state the items of
35noncompliance and compliance found as a result of a complaint
36and those items found to be in compliance, provided the disclosure
37maintains the anonymity of the complainant. In any matter in which
38there is a reasonable probability that the identity of the complainant
39will not remain anonymous, the department shall also notify the
P5    1facility that it is unlawful to discriminate or seek retaliation against
2a resident, employee, or complainant.

3(f) For purposes of this section, “complaint” means any oral or
4written notice to the department, other than a report from the
5facility, of an alleged violation of applicable requirements of state
6or federal law or any alleged facts that might constitute a violation
7of these requirements.

8(g) The department shall apply the timeframes for investigation
9or inspection established in this section to a report from the facility
10of an alleged violation of applicable requirements of state or federal
11law or any alleged facts that might constitute a violation of those
12requirements.

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13(h) The department shall analyze its compliance with the
14timeframes for investigations established in this section on a
15quarterly basis, and shall, on a quarterly basis, post findings from
16the analysis on its Internet Web site. The analysis shall provide
17data on the department’s performance, and shall include, at a
18minimum, all of the following data elements:

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19(1) The number of open investigations.

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20(2) The number of completed investigations.

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21(3) The number and percentage of investigations completed
22within the 40-working-day timeframe.

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23(4) The number and percentage of investigations that required
24a 30-working-day extension.

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25(5) The number and percentage of investigations that required
26a 30-working-day extension and were completed within the
27extended time period.

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28(6) The average length of time to complete an investigation.

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29(7) The average length of time to complete an investigation that
30was not completed by the end of the 30-working-day extended time
31period.

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32(h)

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33begin insert(i)end insert Nothing in this section shall be interpreted to diminish the
34department’s authority and obligation to investigate any alleged
35violation of applicable requirements of state or federal law, or any
36alleged facts that might constitute a violation of applicable
37requirements of state or federal law, and to enforce applicable
38requirements of law.



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