BILL NUMBER: AB 348 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 6, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY APRIL 27, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 18, 2015
INTRODUCED BY Assembly Member Brown
(Coauthors: Assembly Members Gipson and Mathis)
FEBRUARY 17, 2015
An act to amend Sections 1266, 1279.2, and
Section 1420 of the Health and Safety Code, relating to health
care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 348, as amended, Brown. Health
Long-term health care facilities: complaints: investigations.
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. Existing law
establishes the time period for which an investigation of a complaint
is required to be completed, and auth orizes an extension
of that time period under extenuating circumstances.
This bill would require, effective January 1, 2018, the
department to complete its investigation of a complaint or a report
from a long-term health facility within 45 working days of its
receipt, except that this period may be extended up to an additional
30 working 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 45 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. require the department to apply the existing
time periods for the investigation, inspection, and issuance of a
citation under these provisions 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 . The bill would also require
the department to analyze its compliance with the
timeframes time periods for investigations on a
quarterly basis and post those findings on its Internet Web site.
The bill would make other technical changes to these
provisions, as specified.
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.
Existing law requires the department, when it receives a complaint
or report involving a general acute care hospital, acute psychiatric
hospital, or special hospital, that indicates a specified level of
danger, to complete an investigation of the complaint or report
within 45 days. Existing law also requires the department to submit
to the Legislature, and publish on its Internet Web site, a staffing
and systems analysis that includes the number and timeliness of
complaint investigations, among other things.
This bill would authorize a 30-day extension to the time period to
complete the investigation 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 45 days, to notify the
complainant, in writing, of the basis for the extension. The bill
would also require the staffing and systems analysis prepared by the
department to include data regarding the department's compliance with
these requirements.
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 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) (A) For a complaint that involves a threat of imminent danger
of death or serious bodily harm that is received on or after July 1,
2016, the state department shall complete an investigation of the
complaint within 90 days of receipt of the complaint. At the
completion of the complaint investigation, the state department shall
notify the complainant and licensee in writing of the state
department's determination as a result of the inspection or
investigation.
(B) The time period described in subparagraph (A) may be extended
up to an additional 60 days if the investigation cannot be completed
due to extenuating circumstances. The state department shall document
these circumstances in its final determination
and notify the facility and the complainant in writing of the basis
for the extension and the estimated completion date.
(4) (A) For a complaint that does not involve a threat of imminent
danger of death or serious bodily harm pursuant to paragraph (3) and
that is received on or after July 1, 2017, and prior to July 1,
2018, the state department shall complete an investigation of the
complaint within 90 days of receipt of the complaint. At the
completion of the complaint investigation, the state department shall
notify the complainant and licensee in writing of the state
department's determination as a result of the inspection or
investigation.
(B) The time period described in subparagraph (A) may be extended
up to an additional 90 days if the investigation cannot be completed
due to extenuating circumstances. The state department shall document
these circumstances in its final determination
and notify the facility and the complainant in writing of the basis
for the extension and the estimated completion date.
(5) (A) For a complaint that is received on or after July 1, 2018,
the state department shall complete an investigation of the
complaint within 60 days of receipt of the complaint. At the
completion of the complaint investigation, the state department shall
notify the complainant and licensee in writing of the state
department's determination as a result of the inspection or
investigation.
(B) The time period described in subparagraph (A) may be extended
up to an additional 60 days if the investigation cannot be completed
due to extenuating circumstances. The state department shall document
these circumstances in its final determination
and notify the facility and the complainant in writing of the basis
for the extension and the estimated completion date.
(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 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 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 30 days of the final determination. 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 state 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) Any citation issued as a result of the complaint investigation
provided for in paragraph (3), (4), or (5) of subdivision (a), and
in compliance with Section 1423, shall be issued and served upon the
facility within 30 days of the completion of the complaint
investigation.
(g) The department shall apply the time periods for investigation,
inspection, and issuance of a citation 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) The department shall analyze its compliance with the time
periods for investigations established in this section on a quarterly
basis, and shall, on a quarterly basis, post findings from the
analysis on its Internet Web site. The analysis shall provide data on
the department's performance, and shall include, at a minimum, all
of the following data elements:
(1) The number of open investigations.
(2) The number of completed investigations.
(3) The number and percentage of investigations completed within
the initial time period established in paragraph (3), (4), or (5) of
subdivision (a).
(4) The number and percentage of investigations that required an
extension authorized in paragraph (3), (4), or (5) of subdivision
(a).
(5) The number and percentage of investigations that required an
extension and were completed within the extended time period
authorized in paragraph (3), (4), or (5) of subdivision (a).
(6) The average length of time to complete an investigation.
(7) The average length of time to complete an investigation that
was not completed by the end of the extended time period authorized
in paragraph (3), (4), or (5) of subdivision (a).
(g)
(i) For purposes of this section, "complaint" means any
oral or written notice to the state department, other than
a report from the facility department of an
alleged violation of applicable requirements of state or federal law
or any alleged facts that might constitute such a violation.
(h)
(j) Nothing in this section shall be interpreted to
diminish the state 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. All matter omitted in this
version of the bill appears in the bill as amended in the Senate, May
28, 2015. (JR11)