BILL ANALYSIS Ó
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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