BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 601 ----------------------------------------------------------------- |Author: |Eggman | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |April 23, 2015 |Hearing | June 23, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sara Rogers | |: | | ----------------------------------------------------------------- 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.) AB 601 (Eggman) PageB of? 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 AB 601 (Eggman) PageC of? 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 AB 601 (Eggman) PageD of? 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 AB 601 (Eggman) PageE of? 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 AB 601 (Eggman) PageF of? 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 AB 601 (Eggman) PageG of? 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 AB 601 (Eggman) PageH of? 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 AB 601 (Eggman) PageI of? 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 AB 601 (Eggman) PageJ of? 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: AB 601 (Eggman) PageK of? 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. AB 601 (Eggman) PageL of? 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 AB 601 (Eggman) PageM of? ----------------------------------------------------------------- |Assembly Floor: |66 - | | |7 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |12 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |7 - | | |0 | ----------------------------------------------------------------- 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 - AB 601 (Eggman) PageN of? 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 AB 601 (Eggman) PageO of? 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 themembers or shareholders thereofindividuals 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, theTheapplicant shall : (A) Indicate whetherdisclose whetherit 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 anyperson,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, AB 601 (Eggman) PageP of? 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; andorganization, 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'sDisclosure of the applicant's or the applicant's chief executive officer, general partner, or like party'sprior or present servicein California or any other stateas an administrator, chief executive officer, general partner,corporate officer ordirector or like roleof,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 ofDisclose any revocation, suspension, probation, exclusion order or other similar administrative disciplinary action that was filed and sustainedtakenin California or any other state, or in the process of being adjudicatedtaken, against a facility identified in paragraph (5) or by any authority responsible for the licensing of health, AB 601 (Eggman) PageQ of? residential, or community care facilitiesagainst 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 facilityatprior to the time the license is granted, which may be satisfied by the submission of a copy of the entireapplicable portions of alease agreement or deed. (13) Evidence of successfully completing a certified prelicensure education program pursuant to Section 1569.23. AB 601 (Eggman) PageR of? (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 departmentshallmay deny an application for licensure or may subsequently revoke a license under this AB 601 (Eggman) PageS of? 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 discloseenforcementadministrative 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 of? 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 of? 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 of? 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 of? 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 of?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 of?(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 of? (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 facilityby,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 of? (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 of? 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 of? 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 of?