BILL ANALYSIS                                                                                                                                                                                                    



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

          Bill No:              AB 1387
           ----------------------------------------------------------------- 
          |Author:   |Chu                                                   |
           ----------------------------------------------------------------- 
          |----------+-----------------------+-----------+-----------------|
          |Version:  |June 25, 2015          |Hearing    |July 14, 2015    |
          |          |                       |Date:      |                 |
          |----------+-----------------------+-----------+-----------------|
          |Urgency:  |No                     |Fiscal:    |Yes              |
           ---------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Sara Rogers                                           |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          
           Subject:  Care facilities:  civil penalties, deficiencies, and  
                                  appeal procedures


            SUMMARY


          This bill amends the civil penalty review and appeals process  
          for violations resulting in death and serious bodily injury of a  
          resident of child in community care facilities, Residential Care  
          Facilities for the Elderly (RCFE) and child day care facilities.  
          The bill stablishes a civil penalty review and appeals process  
          for all other violations. It permits a complainant of a RCFE who  
          is dissatisfied with a complaint decision to appeal the  
          decision, as specified.

            ABSTRACT
          
          Existing law:

          1)Establishes the Community Care Facilities Act, providing for  
            the licensure and regulation of nonmedical residential care,  
            day treatment, adult day care, or foster family agency  
            services for children or adults. (HSC 1500 et seq.)


          2)Establishes the Residential Care Facilities for the Elderly  
            Act to license and regulate RCFEs as a separate category  
            within the existing residential care licensing structure of  
            the California Department of Social Services (CDSS). (HSC 1569  







          AB 1387 (Chu)                                           Page 2  
          of ?
          
          
            et seq.)


          3)Provides for the licensure and regulation of Residential Care  
            Facilities for Persons with Chronic, Life-Threatening Illness  
            under a separate category. (HSC 168.01 et seq.)


          4)Establishes the Child Day Care Act, providing for the  
            licensure and regulation of child day care facilities, and  
            large and small family day care homes. (HSC 1596.70 et seq.)


          5)Permits CDSS to levy civil penalties for licensure violations,  
            and provides that in no event shall a civil penalty assessment  
            exceed $150 per day, per violation. (HSC 1548, 1568.0822,  
            1569.49, 1596.99, 1597.58)


          6)Permits CDSS to establish an appeal process for civil  
            penalties via regulation. (HSC 1548, 1568.0822, 1569.49,  
            1596.99, 1597.58)


          7)As of July 1, 2015, establishes specified increased civil  
            penalties for community care facilities, RCFEs, and child day  
            care facilitiess (see below chart) for the following:


               a.     Any violation that CDSS determines resulted in the  
                 death of a resident. 
               b.     Any violation which constitutes physical abuse or  
                 serious bodily injury, as defined, to a resident. (HSC  
                 1548, 1568.0822, 1569.49, 1596.99, 1597.58)


          8)As of July 1, 2015 establishes the following review and appeal  
            structure for either of the above civil penalties:


               a.     Prior to issuance of either of the above civil  
                 penalties, the decision shall be approved by the director  
                 of CDSS.
               b.     Subsequent to the approval by the director, a  








          AB 1387 (Chu)                                           Page 3  
          of ?
          
          
                 licensee may request three levels of formal appeal and  
                 review within CDSS Community Care Licensing Division  
                 (CCL), including review by a regional manager, program  
                 administrator, and deputy director, and ultimately a  
                 review by an administrative law judge. (HSC 1548,  
                 1568.0822, 1569.49, 1596.99, 1597.58)


          9)Permits any person to request an inspection of any RCFE via  
            oral or written complaint to the department, as specified.  
            Requires CDSS to make a preliminary review, unless the  
            complaint is without a reasonable basis, and to make an onsite  
            inspection within 10 days of receiving the complaint, unless  
            the visit would adversely affect the investigation, or an  
            investigation of other agencies including law enforcement.  
            (HSC 1569.35) 


          This bill:

          1)Requires civil penalties assessed by CCL due to death or  
            serious bodily injury to be approved by the program  
            administrator prior to issuance, instead of by the director of  
            CDSS.


          2)Requires notification of a deficiency by CCL to include a  
            factual description of the nature of the deficiency fully  
            stating the manner in which the licensee failed to comply with  
            the specified statute or regulation, and if applicable, the  
            particular place or area in the facility in which the  
            deficiency occurred.


          3)Subsequent to approval of the civil penalty by the program  
            administrator, establishes two levels of formal appeal and  
            review (instead of four) that a licensee may request, first by  
            the deputy director of CCL and second by an administrative law  
            judge.


          4)Provides that if the deputy director requires additional  
            information from the licensee, that information shall be  
            requested within 30 days after receiving the request for  








          AB 1387 (Chu)                                           Page 4  
          of ?
          
          
            review, and additionally requires the licensee to be notified  
            of the decision within 60 calendar days after the review  
            request.


          5)Permits a licensee to request a two-tier review of any other  
            civil penalty or deficiency not provided for in #3 above,  
            within 10 days of receiving notice of a civil penalty, as  
            specified. Provides that review of these civil penalties shall  
            be conducted by a regional manager of CCL, as specified, and  
            requires that the licensee shall be notified of the decision  
            within 60 days. Subsequent to the decision, permits a licensee  
            to request a second review to be conducted by a program  
            administrator of CCL within 10 days of receipt of the regional  
            manager's decision, and the licensee be notified of the final  
            decision within 60 days.


          6)Provides that a complaint filed by a local long-term care  
            ombudsman or the state Long-Term Care Ombudsman alleging  
            denial of a statutory right of access to an RCFE shall be  
            given priority by CDSS which shall notify the officer of the  
            State Long-Term Care Ombudsman that an investigation has been  
            initiated.


          7)Prior to conducting an onsite complaint investigation,  
            requires CDSS to document in writing a good-faith effort to  
            contact and interview the complainant and to inform the  
            complainant of the department's proposed course of action, as  
            specified. Within 10 days of a decision, CDSS must notify the  
            complainant in writing of the department's determination.


          8)Provides a complainant who is dissatisfied with the  
            department's decision to file an appeal by notifying a program  
            manager in writing within 15 business days of receiving  
            notice.


          9)Requires the program manager to schedule a meeting or  
            teleconference with the complainant within 30 business days of  
            receiving an appeal, as specified, and to notify the  
            complainant of the decision within 10 business days of a  








          AB 1387 (Chu)                                           Page 5  
          of ?
          
          
            decision.


          10)Permits the complainant to further appeal the decision to the  
            Quality Assurance Unit of CCL, which must interview the  
            complainant, consider any information presented, review the  
            complaint record, and no later than 10 days after completing  
            the review to notify the complainant in writing of the  
            decision.    


            FISCAL IMPACT
          
          The current version of this bill has not been analyzed by a  
          fiscal committee.

            


          BACKGROUND AND DISCUSSION


          Purpose of the bill:


          Last year, AB 2236 (Maienschein, Chapter 813, Statutes of 2014)  
          established fines for violations that led to death or serious  
          bodily injury of a resident a community care facility, an RCFE  
          or in a child day care. The specific dollar amounts were set  
          according to facility type and size of the facility pursuant to  
          the chart below. 
           --------------------------------------------------------------------- 
          |         Facility type         |   Size    |Serious Bodily |  Death  |
          |                               |           |    Injury     |         |
          |-------------------------------+-----------+---------------+---------|
          |     RCFE/ARF/CCH/SRF/EBSH     |All sizes  |    $10,000    | $15,000 |
          |-------------------------------+-----------+---------------+---------|
          |   Emergency Homeless Youth    |d25 beds   |    $1,000     | $5,000  |
          |            Shelter            |           |               |         |
          |-------------------------------+-----------+---------------+---------|
          |     Small Child Care Home     |d8         |    $1,000     | $5,000  |
          |                               |children   |               |         |
          |-------------------------------+-----------+---------------+---------|
          |     Large Child Care Home     |9-14       |    $2,000     | $7,500  |








          AB 1387 (Chu)                                           Page 6  
          of ?
          
          
          |                               |children   |               |         |
          |-------------------------------+-----------+---------------+---------|
          |      Child Care Facility      |1  30      |    $2,500     | $7,500  |
          |                               |children   |               |         |
          |-------------------------------+-----------+---------------+---------|
          |      Child Care Facility      |31  100    |    $5,000     | $10,000 |
          |                               |children   |               |         |
          |-------------------------------+-----------+---------------+---------|
          |      Child Care Facility      |100+       |    $10,000    | $15,000 |
          |                               |children   |               |         |
          |-------------------------------+-----------+---------------+---------|
          |           Adult Day           |d50 adults |    $2,500     | $7,500  |
          |-------------------------------+-----------+---------------+---------|
          |           Adult Day           |50+ adults |    $5,000     | $10,000 |
          |-------------------------------+-----------+---------------+---------|
          |     FFA/GH/TSCF/THPP/CTF      |d40 youth  |    $2,500     | $7,500  |
          |-------------------------------+-----------+---------------+---------|
          |     FFA/GH/TSCF/THPP/CTF      |41  100    |    $5,000     | $10,000 |
          |                               |youth      |               |         |
          |-------------------------------+-----------+---------------+---------|
          |     FFA/GH/TSCF/THPP/CTF      |100+ youth |    $10,000    |$15,000  |
          |                               |           |               |         |
           --------------------------------------------------------------------- 





          Prior to passage of AB 2236, the highest assessed penalty was  
          $150 a day/ per violation and an appeal process was not formally  
          established in statute. Instead, CDSS was granted authority to  
          establish an appeals process through regulation. In addition to  
          establishing a complex new civil penalty structure that  
          substantially increased the size of civil penalties for the most  
          serious violations, AB 2236 codified a new appeals process for  
          the higher civil penalties that was modeled partly on an  
          internal assessment review process used by CDSS. The new appeal  
          process established four layers of review, all occurring after  
          the director of CDSS had already approved the initial civil  
          penalty assessment. This bill simplifies the appeals process for  
          both penalties, providing for the program administrator to  
          initially approve the assessment of the penalty, and if  
          appealed, the deputy director of CCL to review the appeal,  
          before being heard by an Administrative Law Judge, who makes a  








          AB 1387 (Chu)                                           Page 7  
          of ?
          
          
          final determination. 

          This bill also establishes a streamlined appeal process for all  
          other civil penalties by designating  a regional manager to  
          review the initial appeal, and a program administrator to make a  
          final determination, if the first review is appealed. Finally  
          this bill establishes a new two-tier appeals process for  
          complainants against an RCFE who are dissatisfied with the  
          department's decision regarding a complaint investigation to  
          appeal to the program manager, who is required to meet or  
          teleconference with the complainant
          
          CCL Oversight

          On February 11, 2014, the Senate and Assembly Human Services  
          Committees jointly held an informational hearing investigating  
          efforts to increase accountability and oversight of Assisted  
          Living Facilities. Testimony during the hearing highlighted  
          significant technological barriers to the tracking of complaints  
          and deficiencies, limited follow-up practices by the department  
          to ensure that deficiencies are corrected, frequent failure to  
          collect assessed fines and penalties, a lengthy appeals process  
          that hinders immediate action when necessary, and use of a  
          shortened inspection tool that has not been validated for use in  
          RCFEs.   


          The hearing included testimony from consumer advocates  
          characterizing the current complaint investigation process as  
          being plagued by problems of inadequate investigation, poor  
          communication with complainants, lack of transparency, weak  
          enforcement, and appeal procedures that protect operators and  
          imperil residents. Current law does not require CCL to send  
          written findings to complainants except upon request, and does  
          not give complainants an opportunity to appeal CCL's findings. 


          However, in response to significant public outcry over a lack of  
          transparency, CCL began posting on its website information  
          regarding the number and date of licensing inspections  
          performed, the number of citations (categorized by severity),  
          the number and disposition of complaints, and a telephone number  
          enabling consumers to call CCL to request more specific  
          information regarding the nature of citations and complaints. 








          AB 1387 (Chu)                                           Page 8  
          of ?
          
          


          Related legislation:

          AB 1554 (Skinner, 2014) was substantially similar to this bill.  
          It was held in the Senate Appropriations Committee.

          AB 2236 (Maienschein, Chapter 813, Statutes of 2014) established  
          civil penalty assessments for violations that led to death or  
          serious bodily injury of a resident in a community care  
          facility, an RCFE or a child day care facility. It also  
          established the four-tier appeals process.

            COMMENTS


          Staff recommends the following technical amendments:

          SEC. 2.  
          1548.  
          (b) The amount of the civil penalty shall not be less than  
          twenty-five dollars ($25) or more than fifty dollars ($50) per  
          day for each violation of this chapter except where the nature  
          or seriousness of the violation or the frequency of the  
          violation warrants a higher penalty or an immediate civil  
          penalty assessment, or both, as determined by the department.  In  
          no event, shall   Except as otherwise provided for pursuant to  
          this Chapter,  a civil penalty assessment  shall not  exceed one  
          hundred fifty dollars ($150) per day per violation.

          1548. 
          (j) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of a civil  
          penalty assessed pursuant to subdivisions (d) and (e) within 10  
          business days of receipt of the notice of a civil penalty  
          assessment and shall provide all supporting documentation at  
          that time. The review shall be conducted by the deputy director  
          of the Community Care Licensing Division. If the department  
          requires additional information from the licensee, that  
          information shall be requested within the first 30   calendar   
          business  days after receiving the request for review. If the  
          deputy director determines that the civil penalty was not  
          assessed, or the finding of the deficiency that resulted in the  
          assessment of the civil penalty was not made, in accordance with  








          AB 1387 (Chu)                                           Page 9  
          of ?
          
          
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the deputy  
          director's decision within 60   calendar  business  days of the  
          request to review the assessment of the civil penalty.

          (k) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of any other  
          civil penalty or deficiency not described in subdivision (j)  
          within 10 business days of receipt of the notice of a civil  
          penalty assessment or a finding of a deficiency, and shall  
          provide all supporting documentation at that time. The review  
          shall be conducted by a regional manager of the Community Care  
          Licensing Division. If the department requires additional  
          information from the licensee, that information shall be  
          requested within the first 30   calendar  business  days after  
          receiving the request for review. If the regional manager  
          determines that the civil penalty was not assessed, or the  
          finding of the deficiency was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the regional  
          manager's decision within 60   calendar  business  days of the  
          request to review the civil penalty or finding of deficiency.

          (2) Upon exhausting the review described in paragraph (1), the  
          licensee may further appeal that decision to the program  
          administrator of the Community Care Licensing Division within 10  
          business days of receipt of notice of the regional manager's  
          decision. If the program administrator determines that the civil  
          penalty was not assessed, or the finding of the deficiency was  
          not made, in accordance with applicable statutes or regulations  
          of the department, he or she may amend or dismiss the civil  
          penalty or finding of deficiency. The licensee shall be notified  
          in writing of the program administrator's decision within 60  
            calendar  business  days of the request to review the civil  
          penalty or finding of deficiency.

          SEC. 3.  
          1568.0822.  
          (b) The amount of the civil penalty shall not be less than  
          twenty-five dollars ($25) or more than fifty dollars ($50) per  
          day for each violation of this chapter, except where the nature  
          or seriousness of the violation or the frequency of the  








          AB 1387 (Chu)                                           Page 10  
          of ?
          
          
          violation warrants a higher penalty or an immediate civil  
          penalty assessment, or both, as determined by the department.  In  
          no event, shall   Except as otherwise provided for pursuant to  
          this Chapter,  a civil penalty assessment  shall not  exceed one  
          hundred fifty dollars ($150) per day per violation.

          1568.0822.  
          (j) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of a civil  
          penalty assessed pursuant to subdivisions (d) and (e) within 10  
          business days of receipt of the notice of a civil penalty  
          assessment and shall provide all supporting documentation at  
          that time. The review shall be conducted by the deputy director  
          of the Community Care Licensing Division. If the department  
          requires additional information from the licensee, that  
          information shall be requested within the first 30   calendar   
          business  days after receiving the request for review. If the  
          deputy director determines that the civil penalty was not  
          assessed, or the finding of deficiency that resulted in the  
          assessment of the civil penalty was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the deputy  
          director's decision within 60   calendar  business  days of the  
          request to review the assessment of the civil penalty.

          (k) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of any other  
          civil penalty or deficiency not described in subdivision (j)  
          within 10 business days of receipt of the notice of a civil  
          penalty assessment or a finding of a deficiency, and shall  
          provide all supporting documentation at that time. The review  
          shall be conducted by a regional manager of the Community Care  
          Licensing Division. If the department requires additional  
          information from the licensee, that information shall be  
          requested within the first 30   calendar  business  days after  
          receiving the request for review. If the regional manager  
          determines that the civil penalty was not assessed, or the  
          finding of the deficiency was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the regional  
          manager's decision within 60   calendar  business  days of the  
          request to review the civil penalty or finding of deficiency.








          AB 1387 (Chu)                                           Page 11  
          of ?
          
          

          (2) Upon exhausting the review described in paragraph (1), the  
          licensee may further appeal that decision to the program  
          administrator of the Community Care Licensing Division within 10  
          business days of receipt of notice of the regional manager's  
          decision. If the program administrator determines that the civil  
          penalty was not assessed, or the finding of the deficiency was  
          not made, in accordance with applicable statutes or regulations  
          of the department, he or she may amend or dismiss the civil  
          penalty or finding of deficiency. The licensee shall be notified  
          in writing of the program administrator's decision within 60  
            calendar  business  days of the request to review the civil  
                                                           penalty or finding of deficiency.

          SEC. 5.  
          1569.49. 
          (b) The amount of the civil penalty shall not be less than  
          twenty-five dollars ($25) or more than fifty dollars ($50) per  
          day for each violation of this chapter except where the nature  
          or seriousness of the violation or the frequency of the  
          violation warrants a higher penalty or an immediate civil  
          penalty assessment, or both, as determined by the department.  In  
          no event, shall   Except as otherwise provided for pursuant to  
          this Chapter,  a civil penalty assessment  shall not  exceed one  
          hundred fifty dollars ($150) per day per violation.

          1569.49. 
          (j) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of a civil  
          penalty assessed pursuant to subdivisions (d) and (e) within 10  
          business days of receipt of the notice of a civil penalty  
          assessment and shall provide all supporting documentation at  
          that time. The review shall be conducted by a regional manager  
          the deputy director of the Community Care Licensing Division. If  
          the department requires additional information from the  
          licensee, that information shall be requested within the first  
          30  calendar  business  days after receiving the request for  
          review. If the deputy director determines that the civil penalty  
          was not assessed, or the finding of the deficiency that resulted  
          in the assessment of the civil penalty was not made, in  
          accordance with applicable statutes or regulations of the  
          department, he or she may amend or dismiss the civil penalty or  
          finding of deficiency. The licensee shall be notified in writing  
          of the deputy director's decision within 60   calendar  business   








          AB 1387 (Chu)                                           Page 12  
          of ?
          
          
          days of the request to review the assessment of the civil  
          penalty.

          (k) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of any other  
          civil penalty or deficiency not described in subdivision (j)  
          within 10 business days of receipt of the notice of a civil  
          penalty assessment or a finding of a deficiency, and shall  
          provide all supporting documentation at that time. The review  
          shall be conducted by a regional manager of the Community Care  
          Licensing Division. If the department requires additional  
          information from the licensee, that information shall be  
          requested within the first 30   calendar  business  days after  
          receiving the request for review. If the regional manager  
          determines that the civil penalty was not assessed, or the  
          finding of the deficiency was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the regional  
          manager's decision within 60   calendar  business  days of the  
          request to review the civil penalty or finding of deficiency.

          (2) Upon exhausting the review described in paragraph (1), the  
          licensee may further appeal that decision to the program  
          administrator of the Community Care Licensing Division within 10  
          business days of receipt of notice of the regional manager's  
          decision. If the program administrator determines that the civil  
          penalty was not assessed, or the finding of the deficiency was  
          not made, in accordance with applicable statutes or regulations  
          of the department, he or she may amend or dismiss the civil  
          penalty or finding of deficiency. The licensee shall be notified  
          in writing of the program administrator's decision within 60  
           calendar  business  days of the request to review the civil  
          penalty or finding of deficiency.

          SEC. 6.  
          1596.99. 
          (b) The amount of the civil penalty shall not be less than  
          twenty-five dollars ($25) nor more than fifty dollars ($50) per  
          day for each violation of this chapter except where the nature  
          or seriousness of the violation or the frequency of the  
          violation warrants a higher penalty or an immediate civil  
          penalty assessment, or both, as determined by the department.  In  
          no event, shall   Except as otherwise provided for pursuant to  








          AB 1387 (Chu)                                           Page 13  
          of ?
          
          
          this Chapter,  a civil penalty assessment  shall not  exceed one  
          hundred fifty dollars ($150) per day per violation.

          
          1596.99. 
          (k) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of a civil  
          penalty assessed pursuant to subdivisions (d) and (e) within 10  
          business days of receipt of the notice of a civil penalty  
          assessment and shall provide all supporting documentation at  
          that time. The review shall be conducted by the deputy director  
          of the Community Care Licensing Division. If the department  
          requires additional information from the licensee, that  
          information shall be requested within the first 30   calendar   
          business  r days after receiving the request for review. If the  
          deputy director determines that the civil penalty was not  
          assessed, or the finding of the deficiency that resulted in the  
          assessment of the civil penalty was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the deputy  
          director's decision within 60   calendar  business  days of the  
          request to review the assessment of the civil penalty.

          (l) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of any other  
          civil penalty or deficiency not described in subdivision (k)  
          within 10 business days of receipt of the notice of a civil  
          penalty assessment or a finding of a deficiency, and shall  
          provide all supporting documentation at that time. The review  
          shall be conducted by a regional manager of the Community Care  
          Licensing Division. If the department requires additional  
          information from the licensee, that information shall be  
          requested within the first 30   calendar  business  days after  
          receiving the request for review. If the regional manager  
          determines that the civil penalty was not assessed, or the  
          finding of the deficiency was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the regional  
          manager's decision within 60   calendar  business  days of the  
          request to review the civil penalty or finding of deficiency.

          (2) Upon exhausting the review described in paragraph (1), the  








          AB 1387 (Chu)                                           Page 14  
          of ?
          
          
          licensee may further appeal that decision to the program  
          administrator of the Community Care Licensing Division within 10  
          business days of receipt of notice of the regional manager's  
          decision. If the program administrator determines that the civil  
          penalty was not assessed, or the finding of the deficiency was  
          not made, in accordance with applicable statutes or regulations  
          of the department, he or she may amend or dismiss the civil  
          penalty or finding of deficiency. The licensee shall be notified  
          in writing of the program administrator's decision within 60  
            calendar  business  days of the request to review the civil  
          penalty or finding of deficiency.

          SEC. 7.  
          1597.58. 
          (b) The amount of the civil penalty shall not be less than  
          twenty-five dollars ($25) nor more than fifty dollars ($50) per  
          day for each violation of this chapter except where the nature  
          or seriousness of the violation or the frequency of the  
          violation warrants a higher penalty or an immediate civil  
          penalty assessment or both, as determined by the department.  In  
          no event, shall  Except as otherwise provided for pursuant to  
          this Chapter,  a civil penalty assessment  shall not  exceed one  
          hundred fifty dollars ($150) per day per violation.

          1597.58. 
          (k) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of a civil  
          penalty assessed pursuant to subdivisions (d) and (e) within 10  
          business days of receipt of the notice of a civil penalty  
          assessment and shall provide all supporting documentation at  
          that time. The review shall be conducted by the deputy director  
          of the Community Care Licensing Division. If the department  
          requires additional information from the licensee, that  
          information shall be requested within the first 30   calendar   
          business  days after receiving the request for review. If the  
          deputy director determines that the civil penalty was not  
          assessed, or the finding of the deficiency that resulted in the  
          assessment of the civil penalty was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the deputy  
          director's decision within 60   calendar  business  days of the  
          request to review the assessment of the civil penalty.









          AB 1387 (Chu)                                           Page 15  
          of ?
          
          

          (l) (1) A licensee shall have the right to submit to the  
          department a written request for a formal review of any other  
          civil penalty or deficiency not described in subdivision (k)  
          within 10 business days of receipt of the notice of a civil  
          penalty assessment or a finding of a deficiency, and shall  
          provide all supporting documentation at that time. The review  
          shall be conducted by a regional manager of the Community Care  
          Licensing Division. If the department requires additional  
          information from the licensee, that information shall be  
          requested within the first 30   calendar  business  days after  
          receiving the request for review. If the regional manager  
          determines that the civil penalty was not assessed, or the  
          finding of the deficiency was not made, in accordance with  
          applicable statutes or regulations of the department, he or she  
          may amend or dismiss the civil penalty or finding of deficiency.  
          The licensee shall be notified in writing of the regional  
          manager's decision within 60   calendar  business  days of the  
          request to review the civil penalty or finding of deficiency.

          (2) Upon exhausting the review described in paragraph (1), the  
          licensee may further appeal that decision to the program  
          administrator of the Community Care Licensing Division within 10  
          business days of receipt of notice of the regional manager's  
          decision. If the program administrator determines that the civil  
          penalty was not assessed, or the finding of the deficiency was  
          not made, in accordance with applicable statutes or regulations  
          of the department, he or she may amend or dismiss the civil  
          penalty or finding of deficiency. The licensee shall be notified  
          in writing of the program administrator's decision within 60  
            calendar  business  days of the request to review the civil  
          penalty or finding of deficiency.

            PRIOR VOTES
          
           ----------------------------------------------------------------- 
          |Assembly Floor:                                            |74 - |
          |                                                           |0    |
          |-----------------------------------------------------------+-----|
          |Assembly Appropriations Committee:                         |17 - |
          |                                                           |0    |
          |-----------------------------------------------------------+-----|
          |Assembly Human Services Committee:                         |7 -  |
          |                                                           |0    |








          AB 1387 (Chu)                                           Page 16  
          of ?
          
          
          |                                                           |     |
           ----------------------------------------------------------------- 

            POSITIONS
                                          
          Support:  
               California Assisted Living Association
               California Advocates for Nursing Home Reform
               Office of the State Long Term Care Ombudsman

          Oppose:   
               None received.
                                      -- END -