Amended in Senate July 8, 2015

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

California Legislature—2015–16 Regular Session

Assembly BillNo. 348


Introduced by Assembly Member Brown

(Coauthors: Assembly Members Gipson and Mathis)

February 17, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 348, as amended, Brown. Long-term health care facilities: complaints: investigations.

Existing law provides for the licensure and regulation by the State Department of Public Health of 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 authorizes an extension of that time period under extenuating circumstances.

This bill would 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 time periods for investigations on a quarterly basis and post those findings on its Internet Web site.begin delete The bill would make other technical changes to these provisions, as specified.end delete

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

The people of the State of California do enact as follows:

P2    1

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,
4the state department shall assign an inspector to make a preliminary
5review of the complaint and shall notify the complainant within
6two working days of the receipt of the complaint of the name of
7the inspector. Unless the state department determines that the
8complaint is willfully intended to harass a licensee or is without
9any reasonable basis, it shall make an onsite inspection or
10investigation within 10 working days of the receipt of the
11complaint. In any case in which the complaint involves a threat of
12imminent danger of death or serious bodily harm, the state
13department shall make an onsite inspection or investigation within
1424 hours of the receipt of the complaint. In any event, the
15complainant shall be promptly informed of the state department’s
16 proposed 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 state department, the
19complainant or his or her representative, or both, may be allowed
20to accompany the inspector to the site of the alleged violations
21during his or her tour of the facility, unless the inspector determines
22that the privacy of any patient would be violated thereby.

23(2)  When conducting an onsite inspection or investigation
24pursuant to this section, the state department shall collect and
P3    1evaluate all available evidence and may issue a citation based
2upon, but not limited to, all of the following:

3(A)  Observed conditions.

4(B)  Statements of witnesses.

5(C)  Facility records.

6(3) (A) For a complaint that involves a threat of imminent
7danger of death or serious bodily harm that is received on or after
8July 1, 2016, the state department shall complete an investigation
9of the complaint within 90 days of receipt of the complaint. At the
10completion of the complaint investigation, the state department
11shall notify the complainant and licensee in writing of the state
12department’s determination as a result of the inspection or
13investigation.

14(B) The time period described in subparagraph (A) may be
15extended up to an additional 60 days if the investigation cannot
16be completed due to extenuating circumstances. The state
17department shall document these circumstances and notify the
18facility and the complainant in writing of the basis for the extension
19and the estimated completion date.

20(4) (A) For a complaint that does not involve a threat of
21imminent danger of death or serious bodily harm pursuant to
22paragraph (3) and that is received on or after July 1, 2017, and
23prior to July 1, 2018, the state department shall complete an
24investigation of the complaint within 90 days of receipt of the
25complaint. At the completion of the complaint investigation, the
26state department shall notify the complainant and licensee in
27writing of the state department’s determination as a result of the
28inspection or investigation.

29(B) The time period described in subparagraph (A) may be
30extended up to an additional 90 days if the investigation cannot
31be completed due to extenuating circumstances. The state
32department shall document these circumstances and notify the
33facility and the complainant in writing of the basis for the extension
34and the estimated completion date.

35(5) (A) For a complaint that is received on or after July 1, 2018,
36the state department shall complete an investigation of the
37complaint within 60 days of receipt of the complaint. At the
38completion of the complaint investigation, the state department
39shall notify the complainant and licensee in writing of the state
P4    1department’s determination as a result of the inspection or
2investigation.

3(B) The time period described in subparagraph (A) may be
4extended up to an additional 60 days if the investigation cannot
5be completed due to extenuating circumstances. The state
6department shall document these circumstances and notify the
7facility and the complainant in writing of the basis for the extension
8and the estimated completion date.

9(b)  Upon being notified of the state department’s determination
10as a result of the inspection or investigation, a complainant who
11is dissatisfied with the state department’s determination, regarding
12a matter which would pose a threat to the health, safety, security,
13welfare, or rights of a resident, shall be notified by the state
14department of the right to an informal conference, as set forth in
15this section. The complainant may, within five business days after
16receipt of the notice, notify the director in writing of his or her
17request for an informal conference. The informal conference shall
18be held with the designee of the director for the county in which
19the long-term health care facility which is the subject of the
20complaint is located. The long-term health care facility may
21participate as a party in this informal conference. The director’s
22designee shall notify the complainant and licensee of his or her
23determination within 10 working days after the informal conference
24and shall apprise the complainant and licensee in writing of the
25appeal rights provided in subdivision (c).

26(c)  If the complainant is dissatisfied with the determination of
27the director’s designee in the county in which the facility is located,
28the complainant may, within 15 days after receipt of this
29determination, notify in writing the Deputy Director of the
30Licensing and Certification Division of the state department, who
31shall assign the request to a representative of the Complainant
32Appeals Unit for review of the facts that led to both determinations.
33As a part of the Complainant Appeals Unit’s independent
34investigation, and at the request of the complainant, the
35representative shall interview the complainant in the district office
36where the complaint was initially referred. Based upon this review,
37the Deputy Director of the Licensing and Certification Division
38of the state department shall make his or her own determination
39and notify the complainant and the facility within 30 days.

P5    1(d)  Any citation issued as a result of a conference or review
2provided for in subdivision (b) or (c) shall be issued and served
3upon the facility within 30 days of the final determination. Service
4shall be effected either personally or by registered or certified mail.
5A copy of the citation shall also be sent to each complainant by
6registered or certified mail.

7(e)  A miniexit conference shall be held with the administrator
8or his or her representative upon leaving the facility at the
9completion of the investigation to inform him or her of the status
10of the investigation. The state department shall also state the items
11of noncompliance and compliance found as a result of a complaint
12and those items found to be in compliance, provided the disclosure
13maintains the anonymity of the complainant. In any matter in which
14there is a reasonable probability that the identity of the complainant
15will not remain anonymous, the state department shall also notify
16the facility that it is unlawful to discriminate or seek retaliation
17against a resident, employee, or complainant.

18(f) Any citation issued as a result of the complaint investigation
19provided for in paragraph (3), (4), or (5) of subdivision (a), and in
20compliance with Section 1423, shall be issued and served upon
21the facility within 30 days of the completion of the complaint
22investigation.

23(g) The department shall apply the time periods for investigation,
24inspection, and issuance of a citation established in this section to
25a report from the facility of an alleged violation of applicable
26requirements of state or federal law or any alleged facts that might
27constitute a violation of those requirements.

28(h) The department shall analyze its compliance with the time
29periods for investigations established in this section on a quarterly
30basis, and shall, on a quarterly basis, post findings from the analysis
31on its Internet Web site. The analysis shall provide data on the
32department’s performance, and shall include, at a minimum, all
33of the following data elements:

34(1) The number of open investigations.

35(2) The number of completed investigations.

36(3) The number and percentage of investigations completed
37within the initial time period established in paragraph (3), (4), or
38(5) of subdivision (a).

P6    1(4) The number and percentage of investigations that required
2an extension authorized in paragraph (3), (4), or (5) of subdivision
3(a).

4(5) The number and percentage of investigations that required
5an extension and were completed within the extended time period
6authorized in paragraph (3), (4), or (5) of subdivision (a).

7(6) The average length of time to complete an investigation.

8(7) The average length of time to complete an investigation that
9was not completed by the end of the extended time period
10authorized in paragraph (3), (4), or (5) of subdivision (a).

11(i) For purposes of this section, “complaint” means any oral or
12written notice to the state departmentbegin insert, other than a report from the
13facility,end insert
of an alleged violation of applicable requirements of state
14or federal law or any alleged facts that might constitute such a
15violation.

16(j) Nothing in this section shall be interpreted to diminish the
17state department’s authority and obligation to investigate any
18alleged violation of applicable requirements of state or federal law,
19or any alleged facts that might constitute a violation of applicable
20requirements of state or federal law, and to enforce applicable
21requirements of law.



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