BILL NUMBER: AB 215	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  MARCH 19, 2009

INTRODUCED BY   Assembly Members Feuer and Smyth
   (Principal coauthors: Assembly Members Huffman and Lieu)
   (Principal coauthor: Senator Florez)
   (Coauthors: Assembly Members  Carter,  
Ammiano,   Carter,   Fletcher,  Jeffries,
Knight, and Silva)
    (   Coauthor:   Senator  
DeSaulnier   ) 

                        FEBRUARY 3, 2009

   An act to add Section 1418.21 to the Health and Safety Code,
relating to long-term health care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 215, as amended, Feuer. Long-term health care facilities:
ratings.
   Existing law provides for the licensure and regulation by the
State Department of Public Health of health care facilities,
including long-term health care facilities. Existing law creates the
State Health Facilities Citation Penalties Account in the Special
Deposit Fund, with the moneys in this account to be used, upon
appropriation, for prescribed purposes.
   This bill would  , commencing January 1, 2011,  require a
long-term health care facility to post, in accordance with
prescribed requirements, the overall facility rating information
determined by the federal Centers for Medicare and Medicaid Services.
Violation of this requirement would be a class B violation, as
defined, with the proceeds from fines collected to be deposited into
the State Health Facilities Citation Penalties Account.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1418.21 is added to the Health and Safety Code,
to read:
   1418.21.  (a) A long-term health care facility that has been
certified for purposes of Medicare or Medicaid and provides skilled
nursing care shall post the overall facility rating information
determined by the federal Centers for Medicare and Medicaid Services
(CMS) in accordance with the following requirements:
   (1) The information shall be posted in at least the following
locations, in the facility:
   (A) An area accessible and visible to members of the public.
   (B) An area used for employee breaks.
   (C) An area used by residents for communal functions, such as
dining, resident council meetings, or activities.
   (2) The information shall be posted on a white or light-colored
sheet of paper that is at least 81/2" x 11" in size
    that includes all of the following, in the following order:
   (A) The full name of the facility, in a clear and easily readable
font of at least 30 point.
   (B) The full address of the facility in a clear and easily
readable font of at least 20 point.
   (C) The most recent overall star rating given by CMS to that
facility, except that a facility shall have  five 
 seven  business days from the date when it receives a
different rating from the CMS to include the updated rating in the
posting. The star rating shall be aligned in the center of the page.
The star rating shall be expressed as the number that reflects the
number of stars given to the facility by the CMS. The number shall be
in a clear and easily readable font of at least three inches print.
Directly below the number shall be the same number of star symbols of
at least one-half inch print.
   (D) Directly below the star symbols shall be the following text in
a clear and easily readable font of at least 30 point:
   "The above number of stars is out of five stars."
   (E) Directly below the text described in subparagraph (D) shall be
the following text in a clear and easily readable font of at least
20 point: 
   "The federal Centers for Medicare and Medicaid Services gave the
above rating to this facility. A detailed explanation of this rating
is maintained at this facility and will be made available upon
request."  
   "This information can also be accessed online at the Nursing Home
Care Compare Web site at www.medicare.gov/NHcompare."  
   "This facility is reviewed annually and has been licensed by the
State of California and certified by the federal Centers for Medicare
and Medicaid Services (CMS). CMS rates facilities that are certified
to accept Medicare or Medicaid. CMS gave the above rating to this
facility. A detailed explanation of this rating is maintained at this
facility and will be made available upon request. This information
can also be accessed online at the Nursing Home Compare Internet Web
site at <http://www.medicare.gov/NHcompare>. Like any
information, the Five-Star Quality Rating System has strengths and
limits. The criteria upon which the rating is determined may not
represent all of the aspects of care that may be important to you.
You are encouraged to discuss the rating with facility staff. The
Five-Star Quality Rating System was created to help consumers, their
families, and caregivers compare nursing homes more easily and help
identify areas about which you may want to ask questions. Nursing
home ratings are assigned based on ratings given to health
inspections, staffing, and quality measures. Some areas are assigned
a greater weight than other areas. These ratings are combined to
calculate the overall rating posted here." 
   (3) A copy of the most recent CMS report on the facility shall be
maintained at the facility, and shall be made available to residents
or the public upon request.
   (4) The requirements of this section shall be in addition to any
other posting or inspection report availability requirements.
   (b) Violation of this section shall constitute a class B
violation, as defined in subdivision (e) of Section 1424 and,
notwithstanding Section 1290, shall not constitute a crime. Fines
from a violation of this section shall be deposited into the State
Health Facilities Citation Penalties Account, created pursuant to
Section 1417.2. 
   (c) This section shall be operative on January 1, 2011.