BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1387


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1387 (Chu)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  |74-0  | (May 22,      |SENATE: |39-0  |(September 10,   |
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          Original Committee Reference:  HUM. S.


          SUMMARY:  Streamlines the appeals process for community care  
          facility civil penalty and violation appeals and enhances the  
          complaint process for residential care facilities for the  
          elderly.


          Specifically, this bill:  


          1)States legislative intent to enact legislation clarifying the  
            complaint process for residential care facilities for the  
            elderly (RCFEs) and revising the appeal procedures for  
            deficiencies issued against care facilities licensed by the  
            Department of Social Services (DSS/department).


          2)Requires the program administrator of the Community Care  
            Licensing Division (CCLD) within DSS to approve the decision  








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            to issue a citation imposing a civil penalty for a violation  
            that DSS determines resulted in the death, physical abuse, or  
            serious bodily injury of an individual, as specified.


          3)Requires a notification of deficiency written by a  
            representative of DSS to include a factual description of the  
            nature of the deficiency, as specified.


          4)Provides for a two-level appeals process for a civil penalty  
            assessed for a violation that DSS determines resulted in the  
            death, physical abuse, or serious bodily injury of an  
            individual, as specified, with the first level involving a  
            review by the deputy director of CCLD and the second level  
            involving an appeal to an administrative law judge, as  
            specified.


          5)Provides for a two-level appeals process for any other civil  
            penalty or deficiency, with the first level involving a review  
            by the regional manager of CCLD, and the second level  
            involving a review by the program administrator of CCLD.   
            Further, states that the program administrator's decision is  
            considered final and concludes the licensee's administrative  
            appeal rights regarding the appeal in question.


          6)Requires a licensee to submit a request for formal review of a  
            civil penalty or an appeal of a decision at a previous level  
            of review within 15 business days of receipt of the notice of  
            the civil penalty assessment or decision.


          7)Specifies that the licensee shall provide all available  
            supporting documentation at the time the licensee submits a  
            request for formal review of a civil penalty or an appeal of a  
            decision. Further, permits a licensee to submit additional  
            supporting documentation, unavailable at the time that he or  
            she submitted the request for review or appeal, within the  
            first 30 business days after submitting the request or appeal.









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          8)Requires DSS, if it requires additional information from the  
            licensee, to request that information within 30 business days  
            after receiving the request for review or appeal.  Further,  
            requires the licensee to provide this requested information  
            within 30 business days of receiving the request from the  
            department.


          9)Requires the licensee to be notified of the department's  
            decision within 60 business days of the date when all  
            necessary information was provided to the department by the  
            licensee.


          10)Requires DSS to give priority to a complaint filed by a local  
            long-term care ombudsman or the State Long-Term Care Ombudsman  
            that alleges denial of a statutory right of access to an RCFE,  
            as specified.  Further, requires DSS to notify the Office of  
            the State Long-Term Care Ombudsman that such an investigation  
            has been initiated.


          11)Requires DSS to, prior to conducting an onsite investigation  
            regarding an RCFE complaint, make a good faith effort,  
            documented in writing, to contact and interview the  
            complainant and inform the complainant of the department's  
            proposed course of action and the relevant deadline for the  
            department to complete its investigation.  Further requires,  
            to the extent practicable, that the person conducting the  
            interview be the representative who interviews and makes  
            contact with the complainant.


          12)Requires DSS to notify the complainant in writing of its  
            decision regarding the RCFE complaint within 10 business days  
            of completing the investigation.


          13)Deletes the requirement that revenues from civil penalties  
            levied by DSS against licensed day care providers be used to  
            assist families with the identification, transportation, and  








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            enrollment of children to another day care center when a  
            family's day care center's license is revoked or temporarily  
            suspended.


          14)Deletes the requirement that revenues from civil penalties  
            levied by DSS against licensed family day care home providers  
            be used to assist families with the identification,  
            transportation, and enrollment of children to another day care  
            center when a family's family day care home's license is  
            revoked or temporarily suspended.


          15)Makes other technical changes.


          The Senate amendments:


          1)State legislative intent to enact legislation clarifying the  
            complaint process for RCFEs and revising the appeal procedures  
            for deficiencies issued against care facilities licensed by  
            DSS.


          2)Streamline community care facility civil penalties and  
            violation appeals processes by reducing the number of steps in  
            an appeal, amending and clarifying timelines, and making other  
            administrative changes.


          3)Modify existing requirements regarding complaints of denial of  
            statutory right of access to RCFEs to give priority to such  
            complaints filed by a local or state long-term care ombudsman  
            and ensure communication with the Office of the State  
            Long-Term Care Ombudsman.


          4)Require DSS to make a good faith effort communicate with and  
            interview an RCFE complainant and to notify the complainant in  
            writing of its decision within 10 business days of completing  
            the investigation.








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          5)Make other technical changes.


          EXISTING LAW:


          1)Authorizes DSS to levy a civil penalty against a licensed  
            RCFE, day care center, family day care home, or other  
            community care facility in addition to the suspension,  
            temporary suspension, or revocation of the license of each  
            type of facility.  Establishes civil penalty amounts that  
            correspond to specific program violations and repeat  
            violations in licensed community care facilities.  Specifies  
            heightened penalties, as of July 1, 2015, for violations that  
            DSS has determined resulted in the death, physical abuse, or  
            serious bodily harm of an individual.  (Health and Safety Code  
            (HSC) Sections 1548, 1568.0822, 1569.49,1596.99, 1597.58)


          2)Specifies an individual's rights and DSS's responsibilities  
            regarding complaints filed about RCFEs.  (HSC Sections  
            1569.35)


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill may result in the following costs:


          1)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. 


          2)Appeals process for all other violations:  Potentially  
            significant ongoing costs in excess of $150,000 (General Fund)  
            annually.  


          COMMENTS:  This bill repeals provisions regarding the use of  








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          revenues from civil penalties levied by DSS against licensed day  
          care and family day care home providers that were inadvertently  
          included in August 22, 2014, amendments made to AB 2236  
          (Maienschein), Chapter 813, Statutes of 2014, when the bill was  
          in the Senate.  Additionally, this bill does the following:  
          streamlines the four-step appeals process for serious violations  
          codified in AB 2236 by reducing this process to two steps;  
          adopts a separate two-step appeals process for all other civil  
          penalties and violations; extends and clarifies timelines for  
          submission and request of information during the appeals  
          process; and enhances the current process for RCFE complaints by  
          adopting a timeline and complainant communication requirements  
          for DSS.


          PRIOR LEGISLATION:


          AB 2236, among other provisions, imposed a new civil penalty  
          structure, commencing July 1, 2015, for program violations in  
          facilities licensed by the Community Care Licensing Division of  
          DSS involving the death or physical abuse of, or serious bodily  
          injury to, a resident or child at the care facility.


          Analysis Prepared by:                                             
                          Myesha Jackson / HUM. S. / (916) 319-2089  FN:  
          0002326