BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 601
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          |Author:   |Eggman                                                |
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          |Version:  |April 23, 2015         |Hearing    | June 23, 2015   |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sara Rogers                                           |
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               Subject:  Residential care facilities for the elderly:   
                              licensing and regulation


            SUMMARY
          
          Requires an applicant for licensure of a Residential Care  
          Facility for the Elderly (RCFE) to disclose specified additional  
          information related to other facilities owned or controlled by  
          the licensee as well as information related to other persons,  
          organizations or entities having a 10 percent beneficial  
          ownership interest in the licensed facility or listed as the  
          owner of record in the real estate of the facility. Additionally  
          requires the California Department of Social Services (CDSS) to  
          cross-check all disclosed applicant information with the State  
          Department of Public Health (CDPH), as specified and, to the  
          extent the department's computer system can accommodate the  
          information, to post specified information on its internet  
          website. Requires licensees to report any changes to the  
          disclosed information within 30  calendar days.

            ABSTRACT
          
          Existing law:

          1)Establishes the Residential Care Facilities for the Elderly  
            Act, which provides for CDSS to license and regulate RCFEs as  
            a separate category within the Department's existing  
            residential care licensing structure. (HSC 1569 et seq.)









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          2)Requires applicants for an RCFE license to submit a criminal  
            record clearance, employment history, character references,  
            evidence of certification, and disclosure of previous service  
            in other RCFEs, outpatient health clinics, health facilities  
            (including hospitals, skilled nursing facilities or  
            intermediate care facilities), or a community care facility,  
            among other requirements. (HSC 1569.15)


          3)If the licensee applicant is a firm, association,  
            organization, partnership, business trust, corporation, or  
            company, requires like evidence to be submitted regarding the  
            members or shareholders and for the person in charge of the  
            facility. (HSC 1569.15)


          This bill:


          1)Specifies that an applicant for an RCFE license who is a firm,  
            association, organization, partnership, business trust,  
            corporation, or company shall disclose required evidence that  
            the applicant is of reputable and responsible character only  
            for those members or shareholders holding a beneficial  
            ownership interest of 10 percent or more of the facility.


          2)Requires applicants for an RCFE license to disclose the  
            following additional information:
               a.     Whether it is a for-profit or not-for-profit  
                 provider.
               b.     The names and license numbers of other community  
                 care or health facilities owned, managed or operated by  
                 the same applicant and by any parent organization of the  
                 applicant.
               c.     The names and business addresses of any person,  
                 organization, or entity listed as the owner of record in  
                 the real estate of the facilities, as specified.
               d.     The email address of the applicant.
               e.     The applicant's or the applicant's chief executive  
                 officer, general partner, or like party's prior or  
                 present service in California or any other state as an  
                 administrator, general partner, corporate officer, or  









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                 director of, or as a person who has held or holds a  
                 beneficial ownership of 10 percent or more in, any RCFE,  
                 outpatient health clinic, health facility (including  
                 hospitals, skilled nursing facility or intermediate face  
                 facility), or a community care facility within the past  
                 10 years.
               f.     Any revocation, suspension, probation, or other  
                 similar disciplinary action taken in California, or any  
                 other state, against any of the identified facilities or  
                 persons within in last 10 years.
               g.     Evidence of the right of possession of the facility  
                 at the time the license is granted.  


          3)Requires CDSS to cross-check all applicant information  
            disclosed pertaining to prior service in another RCFE or  
            health related facility with the CDPH.


          4)Provides that the required information shall be provided upon  
            initial application for licensure, that changes be updated  
            within 30 calendar days, that failure to cooperate in the  
            completion of the application, as defined, may result in the  
            denial of the application, and requires the department to deny  
            or revoke an application if the applicant knowingly made a  
            false statement of fact.


          5)Provides that, to the extent that the department's computer  
            system can accommodate the additional information, the  
            department shall post the following information on its  
            internet website:


               a.     The current name, business address, and telephone  
                 number of the licensee
               b.     The name of the owner of the RCFE, if not the  
                 licensee.
               c.     The name of any parent corporation.
               d.     The licensed capacity of the facility, including the  
                 capacity for nonambulatory residents.
               e.     Whether the facility is permitted to accept and  
                 retain residents receiving hospice care services.
               f.     Whether the facility has a special care unit or  









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                 program for people with Alzheimer's disease and other  
                 dementia's and has a delayed egress or secured perimeter  
                 system in place.


          6)Permits CDSS to deny an application for licensure if an  
            applicant has a history of noncompliance with any of the  
            following:
               a.     Requirements imposed on a licensee or operator of an  
                 RCFE, outpatient health clinic, health facility  
                 (including hospitals, skilled nursing facility or  
                 intermediate face facility), or a community care  
                 facility, or similarly licensed facility in another  
                 state.
               b.     Applicable state and federal laws and regulations.
               c.     Noncompliance as a chief executive officer, general  
                 partner, or like party with the laws and regulations  
                 governing RCFE licensure.


          7)Provides that noncompliance by the chief executive officer,  
            general partner or like party with the requirements governing  
            RCFE licensure mat be the basis for license decisions against  
            the owner.


            FISCAL IMPACT


          According to an Assembly Appropriations Committee analysis there  
          are unknown, potentially moderate costs to CDSS to "cross-check"  
          information against CDPH information and minor costs to CDSS for  
          automation and staff training. Additionally, the analysis cites  
          cost pressure for CDSS to obtain available technology that would  
          enable the posting of identifying and descriptive information  
          for licensed providers on its website.

            BACKGROUND AND DISCUSSION


          Purpose of the bill:


          According to the author, there has been a marked increase in  









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          corporate ownership of residential care facilities for the  
          elderly (RCFE). Facilities may be operated by one business but  
          owned by another. The author states that complex ownership  
          structures make it difficult for consumers to determine who in  
          fact is the owner and/or licensee and can lead a consumer to  
          unknowingly transfer their loved one from one troubled facility  
          to another without knowing the facilities are part of the same  
          chain.


          The author further states that current law does not require new  
          RCFE license applicants to disclose their operational history  
          under other facility licenses. Therefore, CDSS is often unaware  
          of other facilities that may be owned and operated by the same  
          licensee. The author cites the example last year of Valley  
          Springs Manor in Castro Valley, where 19 RCFE residents were  
          abandoned by the owner and staff to the care of a part-time cook  
          and janitor. The owner had a history of hundreds of thousands of  
          dollars in fines owed to the federal and state licensing  
          agencies for deficiencies and citations when she owned four  
          California nursing homes. The author states that had CDSS known  
          of her prior regulatory history, her RCFE licenses would not  
          have been granted.  


          Additionally, the author states that consumers of RCFEs are  
          currently only able to obtain very basic information online  
          about an RCFE, including the facility name, address, a contact  
          person, the facility's license status, and a district office  
          number that a consumer may call if they have a question about a  
          particular facility. However, the author states that a consumer  
          does not have access to more substantive public information that  
          may help them make a more informed choice when selecting a  
          facility. According to the author, the additional information  
          required to be disclosed to the CDSS and the public will  
          increase accountability and transparency, and allow the public  
          to make more informed decisions when choosing a RCFE facility  
          for a loved one.  


          Residential Care Facilities for the Elderly


          Within California's continuum of long term care, situated  









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          between in-home care and skilled nursing facilities, is the  
          RCFE, also commonly called Assisted Living, Board and Care, or  
          Residential Care. There are approximately 8,000 Assisted Living,  
          Board and Care, and Continuing Care Retirement homes that are  
          licensed as RCFEs in California. These residences are designed  
          to provide homelike housing options to seniors and other adults  
          who need some help with activities of daily living, such as  
          cooking, bathing, or getting dressed, but otherwise do not need  
          continuous, 24-hour assistance or nursing care. Increasingly  
          residents are entering RCFEs with significant health needs  
          including diabetes, bedsores, or the need for oxygen tanks,  
          catheters or colostomies.


          The RCFE licensure category includes facilities with as few as  
          six beds to those with hundreds of residents, whose needs may  
          vary widely. Typically, the smaller facilities are homes in  
          residential neighborhoods while the larger facilities resemble  
          apartment complexes with structured activities for residents.  
          Residents may live in their own apartment, or may share a  
          bedroom. Generally, residents are free to leave the facility if  
          they choose, and may entertain guests, and otherwise maintain a  
          high level of independence. Facilities licensed to serve  
          residents with dementia or Alzheimer's disease, also known as  
          "memory care units" may have a secure perimeter. 


          Recent Media


          In July 2013, ProPublica and Frontline reporters wrote and  
          produced a series of stories on Emeritus, the nation's largest  
          RCFE provider.<1> Featured in the article was a woman who died  
          after receiving poor care at in a facility in Auburn,  
          California. The series documented chronic understaffing and a  
          lack of required assessments and substandard care. Reports in  
          September 2013, prompted by a consumer watchdog group that had  
          hand-culled through stacks of documents in San Diego, revealed  
          that more than two dozen seniors had died in recent years in  
          ---------------------------


          <1>  
          http://www.propublica.org/article/life-and-death-in-assisted-livi 
          ng-single








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          RCFEs under questionable circumstances that went ignored or  
          unpunished by CDSS.<2> 


          In late October 2013, 19 frail seniors were abandoned at Valley  
          Springs Manor in Castro Valley by the licensee and all but two  
          staff after the state began license revocation proceedings. CDSS  
          inspectors, noting the facility had been abandoned, left the two  
          unpaid service staff to care for the abandoned residents with  
          insufficient food and medication, handing them a $3,800 citation  
          before leaving for the weekend. The next day sheriff's deputies  
          and paramedics sent the patients to local hospitals.


          More recently, a Sacramento Bee investigative series beginning  
          last November regarding skilled nursing facilities regulated by  
          CDPH, found that "regulators were not routinely monitoring  
          overall performance or looking for patterns of care in  
          California's largest nursing home chains." The article  
          investigates a particular California-based nursing home chain  
          with a long record of serious regulatory violations that has  
          steadily acquired skilled nursing facilities across the state -  
          now owning 1 in every 14 nursing homes in California (81  
          facilities). According to the Sacramento Bee report, the owner  
          "created a multilayered corporate network of limited liability  
          companies that is so complex that even state regulators and  
          elder-care advocates have had trouble connecting him to his  
          facilities."<3> 


          Financial Structure


          More than 90 percent of RCFE licenses in California are held by  
          for-profit providers, and the majority of those facilities have  
          ---------------------------


          <2> "Care Home Deaths Show System Failures," San Diego Union  
          Tribune, Sept.7, 2013


          <3>  
          http://www.sacbee.com/news/investigations/nursing-homes/article24 
          015475.html








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          six or fewer beds.<4> Most residents pay privately or with  
          long-term care insurance since there is very little public  
          funding available through Medi-Cal, Supplemental Security Income  
          (SSI/SSP) or Medicare, and fees can range from $2,500 to more  
          than $8,000 per month. Increasingly, complex corporate mergers  
          and acquisitions have meant that many RCFEs are owned by  
          national corporate chains that control more than one facility.  
          Administrators employed by these chains may also oversee  
          multiple facilities. This development has led to regulatory  
          challenges since Community Care Licensing citations and other  
          licensing reports are facility-specific, and management problems  
          common to multiple RCFEs with the same owner may easily go  
          unnoticed.


          Licensee and administrator requirements


          California statute differentiates between facility licensees,  
          who often are the business owners and may be property owners,  
          and administrators, who are charged with overseeing the quality  
          of the day-to-day operations and are generally required to be  
          present at the facility during normal working hours.


          State law requires prospective RCFE licensees to provide  
          evidence of "reputable and responsible character"<5> including a  
          criminal background clearance, employment history and character  
          references. Licensees must document sufficient financial  
          resources to maintain the standard of care required by law, must  
          disclose any prior role as an administrator or owner of any  
          community care facility and any prior disciplinary action. In  
          order to be certified, each licensee must complete at least 40  
          hours of classroom instruction covering relevant laws and  
          regulations, management of staff, physical and psychosocial  
          needs of elderly residents, and other issues.
          ---------------------------


          <4> "Residential Care in California: Unsafe, Unregulated &  
          Unaccountable," California Advocates for Nursing Home Reform,  
          2013


          <5> HSC 1569.15








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          Administrators are required to hold a department-approved  
          certificate, similar to the licensee certificate, which must be  
          renewed every two years. Other requirements for administrators  
          are that they must be at least 21 years of age, have a  
          high-school diploma and undergo a criminal record clearance.  
          Those working in larger facilities are required to meet  
          additional educational or experience requirements. Facility  
          administrators may lose certification if they are found to have  
          "engaged in conduct which is inimical to the health, morals,  
          welfare, or safety of either an individual in or receiving  
          services from the facility or the people of the State of  
          California."<6>

          Related legislation:


          AB 927 (McCarty, 2015) would expand disclosure of ownership and  
          governance information for skilled nursing facilities and  
          intermediate care facilities regulated by CDPH. This bill is a  
          two year bill and currently in the Assembly Health Committee. 


          SB 855 (Committee on Budget and Fiscal Review, Chapter 29,  
          Statutes of 2014) adopted numerous provisions related to the  
          care and treatment of residents of community care facilities and  
          RCFEs in the event of a suspension or revocation of license.


          SB 895 (Corbett, Chapter 704, Statutes of 2014) required RCFEs  
          to correct licensing deficiencies within 10 days of  
          notification, except as specified. This bill additionally  
          requires CDSS to post information on its internet website  
          regarding how to obtain an inspection report, and requires CDSS  
          to make inspection reports available on its internet website by  
          January 1, 2020. 


          AB 1571 (Eggman, 2014) would have expanded the scope of  
          information that prospective RCFE licensees must provide.  
          Additionally, this bill would have required CDSS to cross-check  
          all applicant information with the California Department of  



          ---------------------------
          <6> Title 22 CCR 87408








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          Public Health (CDPH) and to post specified information about  
          RCFE facilities on its internet website within specified  
          timeframes. The bill died in the Senate Appropriations  
          Committee.


                                      COMMENTS


          The author proposes substantial amendments based on extended  
          conversations with stakeholders and the department. The  
          California Assisted Living Association writes that it supports  
          the goals of ensuring that CDSS knows who they are licensing and  
          the applicant's track record in California and other states,  
          however has expressed concerns with the current version of the  
          bill and earlier versions of proposed amendments and suggested  
          amendments, some of which are reflected in the authors proposed  
          amendments.


          As proposed, the amendments would do all of the following:


          1)Exempts from disclosure requirements, the names of investors  
            in a publicly traded company or investment fund, if those  
            investors are silent investors who do not have influence or  
            control over the investments or operations of the company or  
            fund.


          2)Includes licensing agency names, in disclosure requirements  
            pertaining to other community care or health facilities owned,  
            managed or operated by the same applicant and parent  
            organization.


          3)Requires an applicant that is part of a chain to provide a  
            diagram indicating the relationship between the applicant and  
            entities and persons that are part of the chain, as specified.


          4)Requires the applicant to provide the following additional  
            information:










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               a.     Names and addresses of any persons, organizations or  
                 entities that own real property on which the licensed  
                 facilities are located.
               b.     Name and address of any management company serving  
                 the facility, of persons or entities that control the  
                 applicant, and entities and persons that are part of a  
                 chain.
               c.     Identify the person with operational control of the  
                 applicant, as specified, and state that person's prior or  
                 present service in any RCFE or other licensed facility,  
                 as specified.
               d.     Disclose all administrative disciplinary actions  
                 taken against a facility that is identified pursuant to  
                 (c) above, within the past 10 years.
               e.     Disclose any bankruptcy petitions involving  
                 operation or closure of a care facility, as specified.


          5)Permits a licensee of multiple facilities to provide a single  
            notice of changes to the department on behalf of all licensed  
            facilities, and narrows required updates regarding  
            out-of-state facilities, as specified.


          6)Requires an applicant of licensee to maintain an email address  
            of record with the department, as specified.


          7)Makes permissive the department's ability to deny an  
            application if the applicant knowingly withheld material  
            information or made a false statement of material fact.


          8)Permits the department to assess a civil penalty of $1,000 for  
            a material violation of the above.


          9)Provides that in the event there are co-applicants, and the  
            department denies a license due to concerns pertaining solely  
            to one of the co-applicants, the other applicants may withdraw  
            their application without being deemed to have a license  
            application denied.










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          10)Defines "beneficial ownership" to mean an ownership interest  
            through the possession of stock, equity in capital or any  
            interest in the profits of the applicant or licensee or  
            through the possession of such an interest in other entities  
            that directly or indirectly hold an interest in the applicant  
            or licensee.


          11)Defines "chain" to mean a group of two or more licensees that  
            are controlled, as defined, by the same person or entities.
                                                                            

          12)Defines "control" to mean the ability to direct the operation  
            or management of the applicant or licensee, including through  
            an intermediary or subsidiary entity.


          13)Defines "parent organization" to mean an organization in  
            control of another organization either directly or through one  
            or more intermediaries.


          14)Permits CDSS to deny or revoke a license if any of the  
            following persons or entities have engaged in specified  
            conduct or violations of law:


               a.     Employee, administrator, partner, officer, director,  
                 member or manager of the applicant or licensee; 
               b.     Any person who controls the licensee, as defined;
               c.     Any person with a beneficial ownership interest of  
                 10 percent or more in the applicant or licensee.


          15)Permits CDSS to prohibit any person who has engaged in  
            specified conduct or violations of law from being a licensee,  
            owning a beneficial ownership interest of 10 percent or more  
            in a licensed facility, or being an administrator, officer,  
            director, member or manager of a licensee or entity  
            controlling a licensee. 

            PRIOR VOTES
          









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            POSITIONS
                                          
          Support:  

                    California Advocates for Nursing Home Reform
                    California Commission on Aging
                    California Long-Term Care Ombudsman Association
                    California State Retirees 
                    Consumer Attorneys of California 
                    Consumer Federation of California
                    Disability Rights California
                    Formation Capitol
                    Jewish Family Service of Los Angeles
                    National Association of Social Workers, California  
               Chapter
                    State of California Senior Legislature
               

          Oppose:   

                    None received.
                                      -- END -




















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                 Amendments Mock-up for 2015-2016 AB-601 (Eggman (A))  
                                           
                       *********Amendments are in BOLD*********
                                          
            Mock-up based on Version Number 98 - Amended Assembly 4/23/15
          
           
          The people of the State of California do enact as follows:

          SECTION 1. Section 1569.15 of the Health and Safety Code is  
          amended to read:
            
          1569.15. (a) Any person seeking a license for a residential care  
          facility for the elderly under this chapter shall file with the  









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          department, pursuant to regulations, an application on forms  
          furnished by the department, that shall include, but not be  
          limited to, all of the following:

          (1) Evidence satisfactory to the department of the ability of  
          the applicant to comply with this chapter and of rules and  
          regulations adopted under this chapter by the department.

          (2) Evidence satisfactory to the department that the applicant  
          is of reputable and responsible character. The evidence shall  
          include, but not be limited to, a criminal record clearance  
          pursuant to Section 1569.17, employment history, and character  
          references. If the applicant is a firm, association,  
          organization, partnership, business trust, corporation, or  
          company, like evidence shall be submitted as to the   members or  
          shareholders thereof   individuals or entities  holding a  
          beneficial ownership interest of 10 percent or more, and the  
          person who has operational control of the residential care  
          facility for the elderly for which the application for issuance  
          of license or special permit is made.  Notwithstanding anything  
          in this section to the contrary, an applicant or licensee is not  
          required to disclose the names of investors in a publicly traded  
          company or investment fund, if those investors are silent  
          investors who do not have influence or control over the  
          investments or operations of the company or fund.  

          (3)  Where applicable, the  The   applicant shall  : 

          (A) Indicate whether  disclose whether   it is a for-profit or  
          not-for-profit provider  ;  ,   

           (B) Disclose  the names  , addresses  and license numbers  , and  
          licensing agency names  of other community care or health care  
          facilities owned, managed, or operated by the same applicant and  
           by any parent organization of the applicant;  ,

           (C) Disclose  the names and business addresses of any   person,    
           persons or entities that control the applicant as defined in  
          Section 1569.2 (e);

          (D) If part of a chain, as defined in Section 1569.2 (d),  
          provide a diagram indicating the relationship between the  
          applicant and those entities or persons that are part of the  
          chain, including those that are controlled by the same parties,  









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          and provide in a separate list, the names, address and license  
          number, where applicable, for each entity or person in the  
          diagram;

          (E) Provide the names and addresses of any persons,  
          organizations or entities that own the real property on which  
          the licensed facilities are located; and  organization, or entity  
          listed as the owner of record in the real estate of the  
          facilities, including the buildings and grounds appurtenant to  
          the buildings, and the email address of the applicant.

           (F) Provide the name and address of any management company  
          serving the facility and provide the same information required  
          of applicants in subdivision (C) and (D) above.
           
          (4) Evidence satisfactory to the department that the applicant  
          has sufficient financial resources to maintain the standards of  
          service required by regulations adopted pursuant to this  
          chapter.

          (5)  Identify the person with operational control of the  
          applicant, such as the chief executive officer, general partner,  
          owner or like party, and state that person's  Disclosure of the  
          applicant's or the applicant's chief executive officer, general  
          partner, or like party's   prior or present service   in California  
          or any other state   as an administrator,  chief executive officer,  
           general partner,   corporate officer or   director  or like role    of,    
          or as a person who has held or holds a beneficial ownership  
           interest  of 10 percent or more in, any residential care facility  
          for the elderly, in any facility licensed pursuant to Chapter 1  
          (commencing with Section 1200), Chapter 2 (commencing with  
          Section 1250), or Chapter 3 (commencing with Section 1500), or a  
          similarly licensed facility  in California or any other state,   
          within the past 10 years.

          (6)  Include the following information regarding the applicant  
          and each individual or entity identified pursuant to (a)(5):
           
          (A)   Disclosure of    Disclose  any revocation, suspension,  
          probation,  exclusion order  or other similar  administrative   
          disciplinary action  that was filed and sustained  taken   in  
          California or any other state, or in the process of being  
           adjudicated    taken   , against a facility identified in paragraph  
          (5) or  by any authority responsible for the licensing of health,  









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          residential, or community care facilities    against a license held  
          or previously held by the entities and persons specified in  
          paragraph (5)   within the past 10 years.

           (B) Provide copies of final findings or orders or both issued by  
          any health, residential or community care licensing agency or  
          any court relevant to the actions described in subsection (A).

          (C) Disclose any petition for bankruptcy relief filed within  
          five years of the date of application, involving operation or  
          closure of a care facility licensed in California or any other  
          state, disclose the court, date and case number of the filing  
          and indicate whether a discharge was granted. If a discharge was  
          not granted, provide copies of any court findings supporting  
          denial of discharge.
           
          (7) Any other information as may be required by the department  
          for the proper administration and enforcement of this chapter.

          (8) Following the implementation of Article 7 (commencing with  
          Section 1569.70), evidence satisfactory to the department of the  
          applicant's ability to meet regulatory requirements for the  
          level of care the facility intends to provide.

          (9) Evidence satisfactory to the department of adequate  
          knowledge of supportive services and other community supports  
          that may be necessary to meet the needs of elderly residents.

          (10) A signed statement that the person desiring issuance of a  
          license has read and understood the residential care facility  
          for the elderly statute and regulations.

          (11) Designation by the applicant of the individual who shall be  
          the administrator of the facility, including, if the applicant  
          is an individual, whether or not the licensee shall also be the  
          administrator.

          (12) Evidence of the right of possession of the facility   at    
           prior to  the time the license is granted, which may be satisfied  
          by the submission of a copy of  the entire  applicable portions of  
          a   lease agreement or deed.

          (13) Evidence of successfully completing a certified  
          prelicensure education program pursuant to Section 1569.23.









          AB 601 (Eggman)                                           PageR  
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          (14) For any facility that promotes or advertises or plans to  
          promote or advertise special care, special programming, or  
          special environments for persons with dementia, disclosure to  
          the department of the special features of the facility in its  
          plan of operation.

          (b) The department shall cross-check all applicant information  
          disclosed pursuant to paragraph (5) of subdivision (a) with the  
          State Department of Public Health  , if electronically available,   
          to determine if the applicant has a prior history of operating,  
          holding a position in, or having ownership in, any entity  
          specified in paragraph (5) of subdivision (a).

          (c) Failure of the applicant to cooperate with the licensing  
          agency in the completion of the application may result in the  
          denial of the application. Failure to cooperate means that the  
          information described in this section and in the regulations of  
          the department has not been provided, or has not been provided  
          in the form requested by the licensing agency, or both.

          (d) The information required by this section shall be provided  
          to the department upon initial application for licensure, and  
          any change in the information shall be provided to the  
          department within 30 calendar days of that change  unless a  
          shorter timeframe is required by the department  .  A licensee of  
          multiple facilities may provide a single notice of changes to  
          the department on behalf of all licensed facilities within the  
          chain. Information pertaining to facilities operated in other  
          states may be updated annually except the following information  
          shall be provided within 30 calendar days:
                (1) Information required to be provided pursuant to (a)(6).
                (2) Information regarding newly acquired community care or  
          health care facilities owned, managed, or operated by the same  
          applicant and by any parent organization of the applicant.  

           (e) An applicant or licensee shall maintain an email address of  
          record with the department. The applicant or licensee shall  
          provide written notification to the department of the email  
          address and of any change to the email address within 10  
          business days.
           
            (e)  (f)  (1) The department   shall    may  deny an application for  
          licensure or may subsequently revoke a license under this  









          AB 601 (Eggman)                                           PageS  
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          chapter if the applicant knowingly  withheld material information  
          or  made a false statement of  material  fact with regard to  
          information that was required by the application for licensure.

          (2) The department may deny an application for licensure or may  
          subsequently revoke a license under this chapter if the  
          applicant did not disclose   enforcement    administrative  
          disciplinary  actions on the application as required by paragraph  
          (6) of subdivision (a).

           (3) In addition to the remedies provided under this chapter, the  
          department may assess a civil penalty of one thousand dollars  
          ($1,000.00) for a material violation of this section subsequent  
          to licensure.

          ADD NEW SECTION
          SEC 2. Section 1569.16 of the Health and Safety Code is amended  
          to read:
          1569.16.  
           (a)  (1)  If an application for a license indicates, or the  
          department determines during the application review process,  
          that the applicant previously was issued a license under this  
          chapter or under Chapter 1 (commencing with Section 1200),  
          Chapter 2 (commencing with Section 1250), Chapter 3 (commencing  
          with Section 1500), Chapter 3.01 (commencing with Section  
          1568.01), Chapter 3.4 (commencing with Section 1596.70), Chapter  
          3.5 (commencing with Section 1596.90), or Chapter 3.6  
          (commencing with Section 1597.30) and the prior license was  
          revoked within the preceding two years, the department shall  
          cease any further review of the application until two years have  
          elapsed from the date of the revocation. All residential care  
          facilities for the elderly are exempt from the health planning  
          requirements contained in Part 2 (commencing with Section  
          127125) of Division 107. 
          (2)  If an application for a license or special permit  
          indicates, or the department determines during the application  
          review process, that the applicant previously was issued a  
          certificate of approval by a foster family agency that was  
          revoked by the department pursuant to subdivision (b) of Section  
          1534 within the preceding two years, the department shall cease  
          any further review of the application until two years shall have  
          elapsed from the date of the revocation. 
          (3)  If an application for a license or special permit  
          indicates, or the department determines during the application  









          AB 601 (Eggman)                                           PageT  
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          review process, that the applicant was excluded from a facility  
          licensed by the department pursuant to Section 1558, 1568.092,  
          1569.58, or 1596.8897, the department shall cease any further  
          review of the application unless the excluded individual has  
          been reinstated pursuant to Section 11522 of the Government Code  
          by the department. 
          (b)  If an application for a license or special permit  
          indicates, or the department determines during the application  
          review process, that the applicant had previously applied for a  
          license under any of the chapters listed in paragraph (1) of  
          subdivision (a) and the application was denied within the last  
          year, the department shall, except as provided in Section  
          1569.22, cease further review of the application until one year  
          has elapsed from the date of the denial letter. In those  
          circumstances where denials are appealed and upheld at an  
          administrative hearing, review of the application shall cease  
          for one year from the date of the decision and order being  
          rendered by the department. The cessation of review shall not  
          constitute a denial of the application.  In the event there are  
          co-applicants and the department denies a license due to  
          concerns pertaining solely to one of the co-applicants, the  
          other applicant(s) may withdraw their application pursuant to  
          Section 1569.52 and, with the department's written consent,  
          shall not be deemed to have a license application denied.
           (c)  If an application for a license or special permit  
          indicates, or the department determines during the application  
          review process, that the applicant had previously applied for a  
          certificate of approval with a foster family agency and the  
          department ordered the foster family agency to deny the  
          application pursuant to subdivision (b) of Section 1534, the  
          department shall cease further review of the application as  
          follows: 
          (1)  In cases where the applicant petitioned for a hearing, the  
          department shall cease further review of the application until  
          one year has elapsed from the effective date of the decision and  
          order of the department upholding a denial. 
          (2)  In cases where the department informed the applicant of his  
          or her right to petition for a hearing and the applicant did not  
          petition for a hearing, the department shall cease further  
          review of the application until one year has elapsed from the  
          date of the notification of the denial and the right to petition  
          for a hearing. 
          (3)  The department may continue to review the application if it  
          has determined that the reasons for the denial of the  









          AB 601 (Eggman)                                           PageU  
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          application were due to circumstances and conditions that either  
          have been corrected or are no longer in existence. 
          (d)  The cessation of review shall not constitute a denial of  
          the application for purposes of Section 1526 or any other law. 
           
          ADD NEW SECTION 
          SEC. 3 Section 1569.2 of the Health and Safety Code, is amended  
          to read:
           
          As used in this chapter:

          (a)  "Administrator" means the individual designated by the  
          licensee to act on behalf of the licensee in the overall  
          management of the facility. The licensee, if an individual and  
          the administrator may be one and the same person. 

           (b)  "Beneficial Ownership" means an ownership interest through  
          the possession of stock, equity in capital or any interest in  
          the profits of the applicant or licensee or through the  
          possession of such an interest in other entities that directly  
          or indirectly hold an interest in the applicant or licensee.   
          The percentage of beneficial ownership in the applicant or  
          licensee that is held by any other entity is determined by  
          multiplying the other entities' percentage of ownership interest  
          at each level. 

           (b)  (c)  "Care and supervision" means the facility assumes  
          responsibility for, or provides or promises to provide in the  
          future, ongoing assistance with activities of daily living  
          without which the resident's physical health, mental health,  
          safety, or welfare would be endangered. Assistance includes  
          assistance with taking medications, money management, or  
          personal care. 

           (d) "Chain" means a group of two or more licensees that are  
          controlled, as defined in this section, by the same person  
          or entities. 

          (e) "Control" means the ability to direct the operation or  
          management of the applicant or licensee.  For purposes of  
          this chapter control includes the ability to exercise  
          control through intermediary or subsidiary entities.

           (c)  (f)  "Department" means the State Department of Social  









          AB 601 (Eggman)                                           PageV  
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          Services. 

            (d)  (g)   "Director" means the Director of Social Services. 

            (e)  (h)   "Health-related services" mean services that shall be  
          directly provided by an appropriate skilled professional,  
          including a registered nurse, licensed vocational nurse,  
          physical therapist, or occupational therapist. 

            (f) (i)   "Instrumental activities of daily living" means any of  
          the following: housework, meals, laundry, taking of medication,  
          money management, appropriate transportation, correspondence,  
          telephoning, and related tasks. 

            (g)  (j)  "License" means a basic permit to operate a residential  
          care facility for the elderly. 

           (k) "Parent organization" means an organization in control of  
          another organization either directly or through one or more  
          intermediaries.  

            (h)  (l)   "Personal activities of daily living" means any of the  
          following: dressing, feeding, toileting, bathing, grooming, and  
          mobility and associated tasks. 

            (i)  (m)  "Personal care" means assistance with personal activities  
          of daily living, to help provide for and maintain physical and  
          psychosocial comfort. 

            (j)  (n)  "Protective supervision" means observing and assisting  
          confused residents, including persons with dementia, to  
          safeguard them against injury. 

            (k)  (o)   "Residential care facility for the elderly" means a  
          housing arrangement chosen voluntarily by persons 60 years of  
          age or over, or their authorized representative, where varying  
          levels and intensities of care and supervision, protective  
          supervision, or personal care are provided, based upon their  
          varying needs, as determined in order to be admitted and to  
          remain in the facility. Persons under 60 years of age with  
          compatible needs may be allowed to be admitted or retained in a  
          residential care facility for the elderly as specified in  
          Section 1569.316. 










          AB 601 (Eggman)                                           PageW  
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          This subdivision shall be operative only until the enactment of  
          legislation implementing the three levels of care in residential  
          care facilities for the elderly pursuant to Section 1569.70.

            (l)  (p)   "Residential care facility for the elderly" means a  
          housing arrangement chosen voluntarily by persons 60 years of  
          age or over, or their authorized representative, where varying  
          levels and intensities of care and supervision, protective  
          supervision, personal care, or health-related services are  
          provided, based upon their varying needs, as determined in order  
          to be admitted and to remain in the facility. Persons under 60  
          years of age with compatible needs may be allowed to be admitted  
          or retained in a residential care facility for the elderly as  
          specified in Section 1569.316. 

          This subdivision shall become operative upon the enactment of  
                                                                                      legislation implementing the three levels of care in residential  
          care facilities for the elderly pursuant to Section 1569.70.

            (m)  (q)   "Sundowning" means a condition in which persons with  
          cognitive impairment experience recurring confusion,  
          disorientation, and increasing levels of agitation that coincide  
          with the onset of late afternoon and early evening. 

            (n)  (r)   "Supportive services" means resources available to the  
          resident in the community that help to maintain their functional  
          ability and meet their needs as identified in the individual  
          resident assessment. Supportive services may include any of the  
          following: medical, dental, and other health care services;  
          transportation; recreational and leisure activities; social  
          services; and counseling services. 

            SEC. 2.    SEC 4.  

          Section 1569.356 is added to the Health and Safety Code, to  
          read:
            
          1569.356. To the extent that the department's computer system  
          can  electronically  accommodate additional residential care  
          facility for the elderly profile information, the department  
          shall post on its Internet Web site the current name, business  
          address, and telephone number of the licensee, the name of the  
          owner of the residential care facility for the elderly, if not  
          the same as the licensee, the name of any parent  organization   









          AB 601 (Eggman)                                           PageX  
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            corporation   , the licensed capacity of the facility, including  
          the capacity for nonambulatory residents, whether the facility  
          is permitted to accept and retain residents receiving hospice  
          care services, whether the facility has a special care unit or  
          program for people with Alzheimer's disease and other dementias  
          and has a delayed egress or secured perimeter system in place,  
           or both  and information required pursuant to Section 1569.15  
           (a)(3)(B)  .

           ADD NEW SECTION
          SEC 5. Amend Section 1569.50 of the Health and Safety Code to  
          read:
           (a) The department may deny an application for a license or may  
          suspend or revoke a license issued under this chapter upon any  
          of the following grounds and in the manner provided in this  
          chapter:
          (1) Violation by the licensee of this chapter or of the rules  
          and regulations adopted under this chapter.
          (2) Aiding, abetting, or permitting the violation of this  
          chapter or of the rules and regulations adopted under this  
          chapter.
          (3) Conduct that is inimical to the health, morals, welfare, or  
          safety of either an individual in or receiving services from the  
          facility or the people of the State of California.
          (4) The conviction of a licensee, or other person mentioned in  
          Section 1569.17 at any time before or during licensure, of a  
          crime as defined in Section 1569.17.
          (5) Engaging in acts of financial malfeasance concerning the  
          operation of a facility, including, but not limited to, improper  
          use or embezzlement of client moneys and property or fraudulent  
          appropriation for personal gain of facility moneys and property,  
          or willful or negligent failure to provide services for the care  
          of clients.
           (b) The remedies provided in this section may be applied when  
          the department finds that any employee, administrator, partner,  
          officer, director, member or manager of the applicant or  
          licensee, any person who controls the licensee as described in  
          section 1569.2(e), or any person who holds a beneficial  
          ownership interest of 10 percent or more in the applicant or  
          licensee has engaged in the conduct described in section (a)  
          related to any facility licensed pursuant to Chapter 1  
          (commencing with Section 1200), Chapter 2 (commencing with  
          Section 1250), or Chapter 3 (commencing with Section 1500), or a  
          similarly licensed facility in California or any other state.









          AB 601 (Eggman)                                           PageY  
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           (b)  (c)  The director may temporarily suspend a license, prior to  
          a hearing when, in the opinion of the director, the action is  
          necessary to protect residents or clients of the facility from  
          physical or mental abuse, abandonment, or any other substantial  
          threat to health or safety. The director shall notify the  
          licensee of the temporary suspension and the effective date of  
          the temporary suspension and at the same time shall serve the  
          provider with an accusation. Upon receipt of a notice of defense  
          to the accusation by the licensee, the director shall, within 15  
          days, set the matter for hearing, and the hearing shall be held  
          as soon as possible but not later than 30 days after receipt of  
          the notice. The temporary suspension shall remain in effect  
          until the time the hearing is completed and the director has  
          made a final determination on the merits. However, the temporary  
          suspension shall be deemed vacated if the director fails to make  
          a final determination on the merits within 30 days after the  
          original hearing has been completed.
          (c) (d) A licensee who abandons the facility and the residents  
          in care resulting in an immediate and substantial threat to the  
          health and safety of the abandoned residents, in addition to  
          revocation of the license pursuant to this section, shall be  
          excluded from licensure in facilities licensed by the department  
          without the right to petition for reinstatement.
           
           SEC. 3. Section 1569.501 is added to the Health and Safety Code,  
          immediately following Section 1569.50, to read:
          1569.501. (a) The department may deny an application for  
          licensure under this chapter if the applicant has a history of  
          noncompliance with any of the following:
          (1) Requirements imposed upon any residential care facility for  
          the elderly license, any facility licensed pursuant to Chapter 1  
          (commencing with Section 1200), Chapter 2 (commencing with  
          Section 1250), or Chapter 3 (commencing with Section 1500), or a  
          similarly licensed facility in another state.
          (2) Applicable state and federal laws and regulations.
          (3) Requirements governing the operators of the facilities  
          specified in paragraph (1).
          (b) This section applies to an applicant that is or was an  
          administrator, general partner, chief executive officer or like  
          party, corporate officer or director of, or is a person who has  
          held or holds a beneficial ownership of 10 percent or more in,  
          any residential care facility for the elderly, in any facility  
          licensed pursuant to Chapter 1 (commencing with Section 1200),  
          Chapter 2 (commencing with Section 1250), or Chapter 3  









          AB 601 (Eggman)                                           PageZ  
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          (commencing with Section 1500), or a similarly licensed facility  
          in another state.
          (c) Noncompliance by the chief executive officer, general  
          partner, or like party with the requirements of this chapter and  
          its implementing regulations may be the basis for license  
          decisions against the owner.
            
           ADD NEW SECTION
          SEC 6. Section 1569.58 of the Health and Safety Code is amended  
          to read:
           
          1569.58.  
          (a) The department may prohibit any person from being a  
           licensee, owning a beneficial ownership interest of 10 percent  
          or more in a licensed facility, or being an administrator,  
          officer, director, member, or manager of a licensee or entity  
          controlling a licensee, and the department may further prohibit  
          any  licensee from employing, or continuing the employment of, or  
          allowing in a licensed facility, or allowing contact with  
          clients of a licensed facility  by,  any employee, prospective  
          employee, or person who is not a client who has:
          (1) Violated, or aided or permitted the violation by any other  
          person of, any provisions of this chapter or of any rules or  
          regulations promulgated under this chapter.

          (2) Engaged in conduct that is inimical to the health, morals,  
          welfare, or safety of either an individual in or receiving  
          services from the facility, or the people of the State of  
          California.

          (3) Been denied an exemption to work or to be present in a  
          facility, when that person has been convicted of a crime as  
          defined in Section 1569.17.

          (4) Engaged in any other conduct that would constitute a basis  
          for disciplining a licensee.

          (5) Engaged in acts of financial malfeasance concerning the  
          operation of a facility, including, but not limited to, improper  
          use or embezzlement of client moneys and property or fraudulent  
          appropriation for personal gain of facility moneys and property,  
          or willful or negligent failure to provide services for the care  
          of clients.










          AB 601 (Eggman)                                           PageA  
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          (b) The excluded person, the facility, and the licensee shall be  
          given written notice of the basis of the department's action and  
          of the excluded person's right to an appeal. The notice shall be  
          served either by personal service or by registered mail. Within  
          15 days after the department serves the notice, the excluded  
          person may file with the department a written appeal of the  
          exclusion order. If the excluded person fails to file a written  
          appeal within the prescribed time, the department's action shall  
          be final.

          (c) (1) The department may require the immediate removal of a  
          member of the board of directors, an executive director, or an  
          officer of a licensee or exclusion of an employee, prospective  
          employee, or person who is not a client from a facility pending  
          a final decision of the matter, when, in the opinion of the  
          director, the action is necessary to protect residents or  
          clients from physical or mental abuse, abandonment, or any other  
          substantial threat to their health or safety.

          (2) If the department requires the immediate removal of a member  
          of the board of directors, an executive director, or an officer  
          of a licensee or exclusion of an employee, prospective employee,  
          or person who is not a client from a facility the department  
          shall serve an order of immediate exclusion upon the excluded  
          person that shall notify the excluded person of the basis of the  
          department's action and of the excluded person's right to a  
          hearing.

          (3) Within 15 days after the department serves an order of  
          immediate exclusion, the excluded person may file a written  
          appeal of the exclusion with the department. The department's  
          action shall be final if the excluded person does not appeal the  
          exclusion within the prescribed time. The department shall do  
          the following upon receipt of a written appeal:

          (A) Within 30 days of receipt of the appeal, serve an accusation  
          upon the excluded person.

          (B) Within 60 days of receipt of a notice of defense by the  
          excluded person pursuant to Section 11506 of the Government  
          Code, conduct a hearing on the accusation.

          (4) An order of immediate exclusion of the excluded person from  
          the facility shall remain in effect until the hearing is  









          AB 601 (Eggman)                                           PageB  
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          completed and the director has made a final determination on the  
          merits. However, the order of immediate exclusion shall be  
          deemed vacated if the director fails to make a final  
          determination on the merits within 60 days after the original  
          hearing has been completed.

          (d) An excluded person who files a written appeal of the  
          exclusion order with the department pursuant to this section  
          shall, as part of the written request, provide his or her  
          current mailing address. The excluded person shall subsequently  
          notify the department in writing of any change in mailing  
          address, until the hearing process has been completed or  
          terminated.

          (e) Hearings held pursuant to this section shall be conducted in  
          accordance with Chapter 5 (commencing with Section 11500) of  
          Division 3 of Title 2 of the Government Code. The standard of  
          proof shall be the preponderance of the evidence and the burden  
          of proof shall be on the department.

          (f) The department may institute or continue a disciplinary  
          proceeding against a member of the board of directors, an  
          executive director, or an officer of a licensee or an employee,  
          prospective employee, or person who is not a client upon any  
          ground provided by this section. The department may enter an  
          order prohibiting any person from being a member of the board of  
          directors, an executive director, or an officer of a licensee,  
          or prohibiting the excluded person's employment or presence in  
          the facility, or otherwise take disciplinary action against the  
          excluded person, notwithstanding any resignation, withdrawal of  
          employment application, or change of duties by the excluded  
          person, or any discharge, failure to hire, or reassignment of  
          the excluded person by the licensee or that the excluded person  
          no longer has contact with clients at the facility.

          (g) A licensee's failure to comply with the department's  
          exclusion order after being notified of the order shall be  
          grounds for disciplining the licensee pursuant to Section  
          1569.50.

          (h) (1) (A) In cases where the excluded person appealed the  
          exclusion order and there is a decision and order of the  
          department upholding the exclusion order, the person shall be  
          prohibited from working in any facility or being licensed to  









          AB 601 (Eggman)                                           PageC  
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          operate any facility licensed by the department or from being a  
          certified foster parent for the remainder of the excluded  
          person's life, unless otherwise ordered by the department.

          (B) The excluded individual may petition for reinstatement one  
          year after the effective date of the decision and order of the  
          department upholding the exclusion order pursuant to Section  
          11522 of the Government Code. The department shall provide the  
          excluded person with a copy of Section 11522 of the Government  
          Code with the decision and order.

          (2) (A) In cases where the department informed the excluded  
          person of his or her right to appeal the exclusion order and the  
          excluded person did not appeal the exclusion order, the person  
          shall be prohibited from working in any facility or being  
          licensed to operate any facility licensed by the department or a  
          certified foster parent for the remainder of the excluded  
          person's life, unless otherwise ordered by the department.

          (B) The excluded individual may petition for reinstatement after  
          one year has elapsed from the date of the notification of the  
          exclusion order pursuant to Section 11522 of the Government  
          Code. The department shall provide the excluded person with a  
          copy of Section 11522 of the Government Code with the exclusion  
          order.

            SEC. 4.    SEC 7.  Section 1569.618 of the Health and Safety Code is  
          amended to read:
           
          1569.618. (a) The administrator designated by the licensee  
          pursuant to paragraph (11) of subdivision (a) of Section 1569.15  
          shall be present at the facility during normal working hours. A  
          facility manager designated by the licensee with notice to the  
          department, shall be responsible for the operation of the  
          facility when the administrator is temporarily absent from the  
          facility.

          (b) At least one administrator, facility manager, or designated  
          substitute who is at least 21 years of age and has  
          qualifications adequate to be responsible and accountable for  
          the management and administration of the facility pursuant to  
          Title 22 of the California Code of Regulations shall be on the  
          premises 24 hours per day. The designated substitute may be a  
          direct care staff member who shall not be required to meet the  









          AB 601 (Eggman)                                           PageD  
          of?
          
          educational, certification, or training requirements of an  
          administrator. The designated substitute shall meet  
          qualifications that include, but are not limited to, all of the  
          following:

          (1) Knowledge of the requirements for providing care and  
          supervision appropriate to each resident of the facility.

          (2) Familiarity with the facility's planned emergency  
          procedures.

          (3) Training to effectively interact with emergency personnel in  
          the event of an emergency call, including an ability to provide  
          a resident's medical records to emergency responders.

          (c) The facility shall employ, and the administrator shall  
          schedule, a sufficient number of staff members to do all of the  
          following:

          (1) Provide the care required in each resident's written record  
          of care as described in Section 1569.80.

          (2) Ensure the health, safety, comfort, and supervision of the  
          residents.

          (3) Ensure that at least one staff member who has  
          cardiopulmonary resuscitation (CPR) training and first aid  
          training is on duty and on the premises at all times. This  
          paragraph shall not be construed to require staff to provide  
          CPR.

          (4) Ensure that the facility is clean, safe, sanitary, and in  
          good repair at all times.

          (d) "Facility manager" means a person on the premises with the  
          authority and responsibility necessary to manage and control the  
          day-to-day operation of a residential care facility for the  
          elderly and supervise the clients. The facility manager,  
          licensee, and administrator, or any combination thereof, may be  
          the same person provided he or she meets all applicable  
          requirements. If the administrator is also the facility manager  
          for the same facility, he or she shall be limited to the  
          administration and management of only one facility.
                                          









          AB 601 (Eggman)                                           PageE  
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