BILL ANALYSIS Ó
AB 1387
Page 1
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, |
| | |2015) | | |2015) |
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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