BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1387 (Chu) - Care facilities:  civil penalties, deficiencies,  
          and appeal procedures
          
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          |Version: July 16, 2015          |Policy Vote: HUMAN S. 3 - 0     |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 27, 2015   |Consultant: Jolie Onodera       |
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          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                     adopted by the committee on August 27, 2015


          Bill  
          Summary:  AB 1387 would revise the civil penalty review and  
          appeals process for violations resulting in death or serious  
          bodily injury of a child or resident in a community are  
          facility, residential care facility for the elderly (RCFE), or  
          child day care facility. This bill would also establish a civil  
          penalty review and appeals process for all other violations, as  
          specified. 


          Fiscal  
          Impact:  
            Appeals process for death/serious violations  :  Potential  
            future cost savings due to simplification of the civil penalty  
            review and appeals process from a four-tiered to two-tiered  
            level of review. 
            Appeals process for all other violations  :  Potentially  







          AB 1387 (Chu)                                          Page 1 of  
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            significant ongoing costs in excess of $150,000 (General Fund)  
            annually.  


          Author  
          Amendments:  
           Extends the amount of time a licensee has the right to submit  
            a written request to the DSS for a formal review of a civil  
            penalty assessed, as specified, to within 15 business days of  
            receipt of the notice of the civil penalty assessment.


           Authorizes a licensee to submit additional supporting  
            documentation that was unavailable at the time of submitting  
            the request for review within the first 30 business days after  
            submitting the request.


           Authorizes DSS to implement and administer the changes through  
            all-county letters or similar written instructions until  
            regulations are adopted.


           Removes the appeals process that was to be added under the  
            provisions of the bill for complainants against an RCFE who  
            are dissatisfied with the investigation, findings, enforcement  
            actions, or decision regarding a complaint, as specified.


           Makes other technical changes.




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