BILL ANALYSIS Ó
AB 2231
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2231 (Calderon) - As Amended April 6, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill increases the civil penalties for specified
violations, and clarifies definitions and adopts penalties for
repeat violations, in licensed community care facilities
including, but not limited to, Residential Care Facilities for
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Persons With Chronic Life-Threatening Illness (RCFCIs),
Residential Care Facilities for the Elderly (RCFEs), Day Care
Centers, and Family Day Care Homes. This bill also provides for
a penalty refund process if a licensee prevails in an appeal.
FISCAL EFFECT:
1)Unknown, but potentially significant cost pressure, likely in
the low hundreds of thousands of dollars (GF), to Department
of Social Services (DSS) address the anticipated increase in
appeals generated by the new penalty structure.
2)Minor and absorbable costs to DSS for training and updating
regulations.
COMMENTS:
1)Purpose. According to the author's office, "Other than those
penalties increased in AB 2236, civil penalties for
DSS-licensed facilities have not been increased for almost 30
years. This includes penalties for violations like the
presence of a person specifically excluded from the facility
or the absence of supervision of individuals in care. The
current maximum penalty amount of $150 if DSS discovers a
serious violation is a relic from 3 decades ago. This bill
provides the long overdue adjustment by increasing civil
penalties for the violations which were not addressed in AB
2236 (Maienschein) Chapter 813, Statutes of 2014. It also
corrects drafting errors and omissions from AB 2236. This
bill will once again make civil penalties a relevant tool to
achieve compliance and will help DSS protect the health and
safety of those in care."
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2)Current civil penalty structure. The civil penalty structure
for the state's community care facilities remained virtually
unchanged for 30 years until the passage of AB 2236
(Maienschein) Chapter 813, Statutes of 2014. That bill created
a new framework for civil penalties applicable to violations
determined by DSS to have resulted in death or serious bodily
injury, or determined by DSS to constitute physical abuse for
all facilities licensed by DSS.
This bill addresses the civil penalty structure for all
remaining violations not covered in AB 2236, the 2014
Maienschein legislation.
3)Appeals process. Following the adoption of AB 2236, a
subsequent bill, AB 1387 (Chu) Chapter 486, Statutes of 2015,
streamlined the appeals process for community care facility
civil penalty and violation appeals, and enhanced the
complaint process for RCFEs. Among other provisions, it
established a separate two-step process for lesser violations.
The bill required that a licensee submit a request for a
formal review within 15 days of receipt of the notice of the
civil penalty assessment of decision, and required that the
licensee provide all available supporting documentation at the
time a request for a formal review of a civil penalty is
submitted.
This bill provides penalty refund process, should a licensee
prevail in the appeals process.
4)Prior Legislation.
a) AB 1387 (Chu), Chapter 486, Statutes of 2015,
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established in statute an appeals process for civil
penalties.
b) AB 1467 (Bloom), 2015, would have introduced a system of
civil penalties tiered based on facility capacity and
contained other provisions substantially similar to this
bill. It died in the Assembly Human Services Committee.
c) AB 2236 (Maienschein and Stone), Chapter 813, Statutes
of 2014, increased monetary civil penalties assessed for
violations which resulted in the death, serious bodily
injury, or physical abuse of a person receiving care in
various DSS-licensed facilities.
d) AB 978 (Benoit), Chapter 291, Statutes of 2008, required
DSS to assess immediate civil penalties of $150 per day per
violation for serious violations of health and safety
statutes or regulations.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
AB 2231
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