Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1554

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Atkins and Eggman)

(Coauthors: Senators Block and Corbett)

January 27, 2014

An act to amend Sections begin delete 1418.21, 1422.5, 1424, 1429, 1439, end delete 1569.35 begin delete , end delete and 1569.37 of, and to add Section 1569.25 to, the Health and Safety Code, relating to begin delete health end delete begin insert care end insert facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1554, as amended, Skinner. begin delete Long-term care facilities: residential end delete begin insert Residential end insert care facilities for the elderly.

begin delete

Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, establishes an inspection and reporting system and a provisional licensing mechanism, administered by the State Department of Public Health, to ensure that long-term health care facilities, as defined, are in compliance with state statutes, regulations, and federal standards pertaining to patient care. The act requires facilities to make certain information available to the public and specifies that records held by the department in connection with the act are public records. The Lanterman-Petris Short Act and the Lanterman Developmental Disabilities Services Act make confidential all records and information obtained in the course of providing intake, assessment, and services to persons with developmental disabilities and to voluntary or involuntary recipients of services.

end delete begin delete

This bill would specify that certain disclosure provisions of the Long-Term Care, Health, Safety, and Security Act of 1973 apply notwithstanding the confidentiality provisions of the Lanterman-Petris Short Act and the Lanterman Developmental Disabilities Services Act.

end delete

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes a person to request an inspection of a facility by transmitting notice of an alleged violation of law to the department. Existing law requires the department to review a complaint and conduct an onsite inspection within 10 days and requires the department to provide the substance of the complaint to the licensee no earlier than the time of the inspection.

This bill would make various changes to this complaint procedure, including prohibiting the department from disclosing the substance of the complaint to the licensee until the investigation is completed and requiring the department to make an onsite inspection within 24 hours of receiving a complaint where the complaint alleges abuse, neglect, or a threat of imminent danger. The bill would require the department to complete its investigation within 90 days of receiving a complaint, or within 30 days where the complaint alleges abuse, neglect, or a threat of imminent danger. The bill would authorize a complainant who is dissatisfied with the department’s investigation, findings, or enforcement to file an appeal, as specified, and would require the department to inform the complainant of these appeal rights, as specified.

The bill would also specify that the names of any persons contained in the records of the department in connection with the California Residential Care Facilities for the Elderly Act are exempt from public disclosure, except for the names of the officers, employees, or agents of the department conducting an investigation or inspection in response to a complaint filed under the act.

Existing law prohibits a licensee from discriminating or retaliating in any manner against a person receiving the services of the licensee’s residential care facility for the elderly, or against an employee of the licensee’s facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department, or has initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local ombudsman, or with the state ombudsman.

This bill would require the department to ensure that a licensee complies with that provision.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 1418.21 of the Health and Safety Code
is amended to read:

1418.21.  

(a) Notwithstanding Sections 4514 and 5328 of the
Welfare and Institutions Code, or any other provision of law, a
skilled nursing facility that has been certified for purposes of
Medicare or Medicaid 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 white or light-colored
paper 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 28 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 seven business days from
the date when it receives a different rating from 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
CMS. The number shall be in a clear and easily readable font of
at least two inches print.

(D) Directly below the star symbols shall be the following text
in a clear and easily readable font of at least 28 point:

“The above number is out of 5 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
14 point:

“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.”

(F) Directly below the text described in subparagraph (E), the
following text shall appear in a clear and easily readable font of
at least 14 point:

 

“State licensing information on skilled nursing facilities is
available on the State Department of Public Health’s Internet Web
site at: www.cdph.ca.gov, under Programs, Licensing and
Certification, Health Facilities Consumer Information System.”

 

(3) For the purposes of this section, “a detailed explanation of
this rating” shall include, but shall not be limited to, a printout of
the information explaining the Five-Star Quality Rating System
that is available on the CMS Nursing Home Compare Internet Web
site. This information shall be maintained at the facility and shall
be made available 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.

SEC. 2.  

Section 1422.5 of the Health and Safety Code is
amended to read:

1422.5.  

(a) The department shall develop and establish a
consumer information service system to provide updated and
accurate information to the general public and consumers regarding
long-term care facilities in their communities. The consumer
information service system shall include, but need not be limited
to, all of the following elements:

(1) An on-line inquiry system accessible through a statewide
toll-free telephone number and the Internet.

(2) Long-term health care facility profiles, with data on services
provided, a history of all citations and complaints for the last two
full survey cycles, and ownership information. The profile for each
facility shall include, but not be limited to, all of the following:

(A) The name, address, and telephone number of the facility.

(B) The number of units or beds in the facility.

(C) Whether the facility accepts Medicare or Medi-Cal patients.

(D) Whether the facility has a special care unit or program for
people with Alzheimer’s disease and other dementias, and whether
the facility participates in the voluntary disclosure program for
special care units.

(E) Whether the facility is a for-profit or not-for-profit provider.

(3) Information regarding substantiated complaints shall include
the action taken and the date of action.

(4) Information regarding the state citations assessed shall
include the status of the state citation, including the facility’s plan
or correction, and information as to whether an appeal has been
filed.

(5) Any appeal resolution pertaining to a citation or complaint
shall be updated on the file in a timely manner.

(b) Where feasible, the department shall interface the consumer
information service system with its Automated Certification and
Licensure Information Management System.

(c) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to subdivision
(a), maximize the use of available federal funds.

(d) (1) Notwithstanding the consumer information service
system established pursuant to subdivision (a), by January 1, 2002,
the state department shall develop a method whereby information
is provided to the public and consumers on long-term health care
facilities. The information provided shall include, but not be limited
to, all of the following elements:

(A) Substantiated complaints, including the action taken and
the date of the action.

(B) State citations assessed, including the status of any citation
and whether an appeal has been filed.

(C) State actions, including license suspensions, revocations,
and receiverships.

(D) Federal enforcement sanctions imposed, including any
denial of payment, temporary management, termination, or civil
money penalty of five hundred dollars ($500) or more.

(E) Any information or data beneficial to the public and
consumers.

(2) This subdivision shall become inoperative on July 1, 2003.

(e) In implementing this section, the department shall ensure
the confidentiality of personal and identifying information of
residents and employees and shall not disclose this information
through the consumer information service system developed
pursuant to this section.

(f) The provisions of this section shall apply notwithstanding
Sections 4514 and 5328 of the Welfare and Institutions Code or
any other provision of law.

SEC. 3.  

Section 1424 of the Health and Safety Code is amended
to read:

1424.  

Citations issued pursuant to this chapter shall be
classified according to the nature of the violation and shall indicate
the classification on the face thereof.

(a) In determining the amount of the civil penalty, all relevant
facts shall be considered, including, but not limited to, the
following:

(1) The probability and severity of the risk that the violation
presents to the patient’s or resident’s mental and physical condition.

(2) The patient’s or resident’s medical condition.

(3) The patient’s or resident’s mental condition and his or her
history of mental disability or disorder.

(4) The good faith efforts exercised by the facility to prevent
the violation from occurring.

(5) The licensee’s history of compliance with regulations.

(b) Notwithstanding Sections 4514 and 5328 of the Welfare and
Institutions Code, or any other provision of law, relevant facts
considered by the department in determining the amount of the
civil penalty shall be documented by the department on an
attachment to the citation and available in the public record. This
requirement shall not preclude the department or a facility from
introducing facts not listed on the citation to support or challenge
the amount of the civil penalty in any proceeding set forth in
Section 1428.

(c) Class “AA” violations are violations that meet the criteria
for a class “A” violation and that the state department determines
to have been a direct proximate cause of death of a patient or
resident of a long-term health care facility. Except as provided in
Section 1424.5, a class “AA” citation is subject to a civil penalty
in the amount of not less than five thousand dollars ($5,000) and
not exceeding twenty-five thousand dollars ($25,000) for each
citation. In any action to enforce a citation issued under this
subdivision, the state department shall prove all of the following:

(1) The violation was a direct proximate cause of death of a
patient or resident.

(2) The death resulted from an occurrence of a nature that the
regulation was designed to prevent.

(3) The patient or resident suffering the death was among the
class of persons for whose protection the regulation was adopted.

If the state department meets this burden of proof, the licensee
shall have the burden of proving that the licensee did what might
reasonably be expected of a long-term health care facility licensee,
acting under similar circumstances, to comply with the regulation.
If the licensee sustains this burden, then the citation shall be
dismissed.

Except as provided in Section 1424.5, for each class “AA”
citation within a 12-month period that has become final, the state
department shall consider the suspension or revocation of the
facility’s license in accordance with Section 1294. For a third or
subsequent class “AA” citation in a facility within that 12-month
period that has been sustained, the state department shall commence
action to suspend or revoke the facility’s license in accordance
with Section 1294.

(d) Class “A” violations are violations which the state
department determines present either (1) imminent danger that
death or serious harm to the patients or residents of the long-term
health care facility would result therefrom, or (2) substantial
probability that death or serious physical harm to patients or
residents of the long-term health care facility would result
therefrom. A physical condition or one or more practices, means,
methods, or operations in use in a long-term health care facility
may constitute a class “A” violation. The condition or practice
constituting a class “A” violation shall be abated or eliminated
immediately, unless a fixed period of time, as determined by the
state department, is required for correction. Except as provided in
Section 1424.5, a class “A” citation is subject to a civil penalty in
an amount not less than one thousand dollars ($1,000) and not
exceeding ten thousand dollars ($10,000) for each and every
citation.

If the state department establishes that a violation occurred, the
licensee shall have the burden of proving that the licensee did what
might reasonably be expected of a long-term health care facility
licensee, acting under similar circumstances, to comply with the
regulation. If the licensee sustains this burden, then the citation
shall be dismissed.

(e) Except as provided in paragraph (4) of subdivision (a) of
Section 1424.5, class “B” violations are violations that the state
department determines have a direct or immediate relationship to
the health, safety, or security of long-term health care facility
patients or residents, other than class “AA” or “A” violations.
Unless otherwise determined by the state department to be a class
“A” violation pursuant to this chapter and rules and regulations
adopted pursuant thereto, any violation of a patient’s rights as set
forth in Sections 72527 and 73523 of Title 22 of the California
Code of Regulations, that is determined by the state department
to cause or under circumstances likely to cause significant
humiliation, indignity, anxiety, or other emotional trauma to a
patient is a class “B” violation. A class “B” citation is subject to
a civil penalty in an amount not less than one hundred dollars
($100) and not exceeding one thousand dollars ($1,000) for each
and every citation. A class “B” citation shall specify the time within
which the violation is required to be corrected. If the state
department establishes that a violation occurred, the licensee shall
have the burden of proving that the licensee did what might
reasonably be expected of a long-term health care facility licensee,
acting under similar circumstances, to comply with the regulation.
If the licensee sustains this burden, then the citation shall be
dismissed.

In the event of any citation under this paragraph, if the state
department establishes that a violation occurred, the licensee shall
have the burden of proving that the licensee did what might
reasonably be expected of a long-term health care facility licensee,
acting under similar circumstances, to comply with the regulation.
If the licensee sustains this burden, then the citation shall be
dismissed.

(f) (1) Any willful material falsification or willful material
omission in the health record of a patient of a long-term health
care facility is a violation.

(2) “Willful material falsification,” as used in this section, means
any entry in the patient health care record pertaining to the
administration of medication, or treatments ordered for the patient,
or pertaining to services for the prevention or treatment of
decubitus ulcers or contractures, or pertaining to tests and
measurements of vital signs, or notations of input and output of
fluids, that was made with the knowledge that the records falsely
reflect the condition of the resident or the care or services provided.

(3) “Willful material omission,” as used in this section, means
the willful failure to record any untoward event that has affected
the health, safety, or security of the specific patient, and that was
omitted with the knowledge that the records falsely reflect the
condition of the resident or the care or services provided.

(g) Except as provided in subdivision (a) of Section 1424.5, a
violation of subdivision (f) may result in a civil penalty not to
exceed ten thousand dollars ($10,000), as specified in paragraphs
(1) to (3), inclusive.

(1) The willful material falsification or willful material omission
is subject to a civil penalty of not less than two thousand five
hundred dollars ($2,500) or more than ten thousand dollars
($10,000) in instances where the health care record is relied upon
by a health care professional to the detriment of a patient by
affecting the administration of medications or treatments, the
issuance of orders, or the development of plans of care. In all other
cases, violations of this subdivision are subject to a civil penalty
not exceeding two thousand five hundred dollars ($2,500).

(2) Where the penalty assessed is one thousand dollars ($1,000)
or less, the violation shall be issued and enforced, except as
provided in this subdivision, in the same manner as a class “B”
violation, and shall include the right of appeal as specified in
Section 1428. Where the assessed penalty is in excess of one
thousand dollars ($1,000), or for skilled nursing facilities or
intermediate care facilities as specified in paragraphs (1) and (2)
of subdivision (a) of Section 1418, in excess of two thousand
dollars ($2,000), the violation shall be issued and enforced, except
as provided in this subdivision, in the same manner as a class “A”
violation, and shall include the right of appeal as specified in
Section 1428.

Nothing in this section shall be construed as a change in previous
law enacted by Chapter 11 of the Statutes of 1985 relative to this
paragraph, but merely as a clarification of existing law.

(3) Nothing in this subdivision shall preclude the state
department from issuing a class “A” or class “B” citation for any
violation that meets the requirements for that citation, regardless
of whether the violation also constitutes a violation of this
subdivision. However, no single act, omission, or occurrence may
be cited both as a class “A” or class “B” violation and as a violation
of this subdivision.

(h) Where the licensee has failed to post the notices as required
by Section 9718 of the Welfare and Institutions Code in the manner
required under Section 1422.6, the state department shall assess
the licensee a civil penalty in the amount of one hundred dollars
($100) for each day the failure to post the notices continues. Where
the total penalty assessed is less than two thousand dollars ($2,000),
the violation shall be issued and enforced in the same manner as
a class “B” violation, and shall include the right of appeal as
specified in Section 1428. Where the assessed penalty is equal to
or in excess of two thousand dollars ($2,000), the violation shall
be issued and enforced in the same manner as a class “A” violation
and shall include the right of appeal as specified in Section 1428.
Any fines collected pursuant to this subdivision shall be used to
fund the costs incurred by the California Department of Aging in
producing and posting the posters.

(i) The director shall prescribe procedures for the issuance of a
notice of violation with respect to violations having only a minimal
relationship to patient safety or health.

(j) The department shall provide a copy of all citations issued
under this section to the affected residents whose treatment was
the basis for the issuance of the citation, to the affected residents’
designated family member or representative of each of the
residents, and to the complainant if the citation was issued as a
result of a complaint.

(k) Nothing in this section is intended to change existing
statutory or regulatory requirements governing the ability of a
licensee to contest a citation pursuant to Section 1428.

(l) The department shall ensure that district office activities
performed under Sections 1419 to 1424, inclusive, are consistent
with the requirements of these sections and all applicable laws and
regulations. To ensure the integrity of these activities, the
department shall establish a statewide process for the collection
of postsurvey evaluations from affected facilities.

SEC. 4.  

Section 1429 of the Health and Safety Code is amended
to read:

1429.  

(a) Notwithstanding Sections 4514 and 5328 of the
Welfare and Institutions Code, or any other provision of law, each
class “AA” and class “A” citation specified in subdivisions (c) and
(d) of Section 1424 that is issued, or a copy or copies thereof, shall
be prominently posted for 120 days. The citation or copy shall be
posted in a place or places in plain view of the patients or residents
in the long-term health care facility, persons visiting those patients
or residents, and persons who inquire about placement in the
facility.

(1) The citation 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 citation, along with a cover sheet, shall be posted on a
white or light-colored sheet of paper, at least 81⁄2 by 11 inches in
size, that includes all of the following information:

(A) The full name of the facility, in a clear and easily readable
font in at least 28-point type.

(B) The full address of the facility, in a clear and easily readable
font in at least 20-point type.

(C) Whether the citation is class “AA” or class “A.”

(3) The facility may post the plan of correction.

(4) The facility may post a statement disputing the citation or
a statement showing the appeal status, or both.

(5) The facility may remove and discontinue the posting required
by this section if the citation is withdrawn or dismissed by the
department.

(b) Each class “B” citation specified in subdivision (e) of Section
1424 that is issued pursuant to this section and that has become
final, or a copy or copies thereof, shall be retained by the licensee
at the facility cited until the violation is corrected to the satisfaction
of the department. Notwithstanding Sections 4514 and 5328 of the
Welfare and Institutions Code, or any other provision of law, each
citation shall be made promptly available by the licensee for
inspection or examination by any member of the public who so
requests. In addition, every licensee shall post in a place or places
in plain view of the patient or resident in the long-term health care
facility, persons visiting those patients or residents, and persons
who inquire about placement in the facility, a prominent notice
informing those persons that copies of all final uncorrected citations
issued by the department to the facility will be made promptly
available by the licensee for inspection by any person who so
requests.

(c) A violation of this section shall constitute a class “B”
violation, and shall be subject to a civil penalty in the amount of
one thousand dollars ($1,000), as provided in subdivision (e) of
Section 1424. Notwithstanding Section 1290, a violation of this
section shall not constitute a crime. Fines imposed pursuant to this
section shall be deposited into the State Health Facilities Citation
Penalties Account, created pursuant to Section 1417.2.

SEC. 5.  

Section 1439 of the Health and Safety Code is amended
to read:

1439.  

Notwithstanding Sections 4514 and 5328 of the Welfare
and Institutions Code, or any other provision of law, any writing
received, owned, used, or retained by the state department in
connection with the provisions of this chapter is a public record
within the meaning of subdivision (d) of Section 6252 of the
Government Code, and, as such, is open to public inspection
pursuant to the provision of Sections 6253, 6256, 6257, and 6258
of the Government Code. However, the names of any persons
contained in such records, except the names of duly authorized
officers, employees, or agents of the state department conducting
an investigation or inspection in response to a complaint filed
pursuant to this chapter, shall not be open to public inspection and
copies of such records provided for public inspection shall have
such names deleted.

end delete

begin delete SEC. 6. end delete
begin insert SECTION 1. end insert   

Section 1569.25 is added to the Health and Safety
Code, to read:

1569.25.  

The names of any persons contained in the records
received, owned, used, or retained by the department in connection
with the provisions of this chapter, except the names of duly
authorized officers, employees, or agents of the department
conducting an investigation or inspection in response to a complaint
filed pursuant to this chapter, shall be exempt from disclosure
under the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government
Code) and copies of the records provided for public inspection
shall have those names deleted.

begin delete SEC. 7. end delete
begin insert SEC. 2. end insert   

Section 1569.35 of the Health and Safety Code is
amended to read:

1569.35.  

(a)  A person may request an investigation of a
residential care facility for the elderly in accordance with this
chapter by making a complaint to the department alleging a
violation of applicable requirements prescribed by statutes or
regulations of this state. A complaint may be made either orally
or in writing.

(b) (1) Upon receipt of a complaint, the department shall make
a preliminary review. Within two working days of receiving the
complaint, the department shall notify the complainant of the name
of the officer, employee, or agent of the department who will
conduct the investigation. Unless the department determines that
the complaint is willfully intended to harass a licensee or is without
any reasonable basis, it shall make an onsite inspection within 10
days after receiving the complaint.

(2) Notwithstanding paragraph (1), when a complaint alleges
abuse, neglect, or a threat of imminent danger of death or serious
harm, the department shall make an onsite inspection within 24
hours of the receipt of the complaint.

(3) Notwithstanding paragraph (1), when a complaint alleges
denial of a statutory right of access to a residential care facility for
the elderly under Section 9722 of the Welfare and Institutions
Code, the department shall immediately review the complaint,
confer with the Office of the State Long-Term Care Ombudsman,
and notify the complainant of the department’s proposed course
of action.

(4) Prior to conducting an onsite inspection pursuant to this
section, the officer, employee, or agent of the department who will
conduct the inspection shall contact and interview the complainant
and inform the complainant of the department’s proposed course
of action.

(c) The department shall coordinate its investigation of a
residential care facility for the elderly under this section with the
investigation of the facility by other agencies, including, but not
limited to, the Office of the State Long-Term Care Ombudsman
and law enforcement agencies.

(d) The substance of the complaint shall not be disclosed to the
licensee until the completion of the investigation. Unless the
complainant specifically requests that his or her own name is
released, neither the substance of the complaint provided to the
licensee, nor any copy of the complaint or any record published,
released, or otherwise made available to the licensee shall disclose
the name of the complainant or the name of any person mentioned
in the complaint, except the name of a duly authorized officer,
employee, or agent of the department conducting the investigation
or inspection pursuant to this chapter.

(e) When conducting an onsite inspection pursuant to this
section, the department shall interview any residents who are the
subject of the complaint. Additionally, the officer, employee, or
agent of the department conducting the inspection shall collect
and evaluate all available evidence, including, but not limited to,
all of the following:

(1) Observed conditions.

(2) Statements of witnesses.

(3) Interviews with administration, staff, other residents, family
members, visitors, the long-term care ombudsman, and other
individuals or agencies that provide services at the facility or have
information about the complaint.

(4) Records from the facility and any other relevant sources.

(f) The department shall complete its investigation within 90
days of receiving the complaint. Investigation of a complaint
alleging abuse, neglect, or a threat of imminent danger of death or
serious harm shall be completed within 30 days of receiving the
complaint.

(g) Within 10 days of completing the investigation of a
complaint under this section, the department shall notify the
complainant in writing of the department’s determination as a
result of the investigation and of the complainant’s right to appeal
the findings. The written notice shall describe the appeal process
provided for under subdivision begin delete (i) end delete begin insert (h) end insert and include a copy of any
reports and documents describing violations and enforcement
actions resulting from the investigation.

(h) (1) A complainant who is dissatisfied with the department’s
investigation, findings, or enforcement actions resulting from the
investigation may file an appeal by notifying the program manager
of the officer, employee, or agent of the department conducting
the inspection in writing within 15 days after receiving the notice
described in subdivision (g). The program manager shall schedule
a meeting or teleconference with the complainant within 30 days
of receiving an appeal. The program manager shall carefully review
the concerns, information, and evidence presented by the
complainant to determine whether the department’s findings or
actions should be modified or whether further investigation is
necessary. Within 10 days after conducting the meeting or
teleconference with the complainant, the program manager shall
notify the complainant in writing of the department’s
determinations and actions concerning the appeal and of the appeal
rights provided in paragraph (2).

(2) If a complainant is dissatisfied with the program manager’s
determination on an appeal, the complainant may, within 15 days
after receipt of this determination, file an appeal in writing with
the department’s Deputy Director of the Community Care
Licensing Division. Within 30 days of receiving an appeal, the
deputy director or his or her designee shall interview the
complainant, consider any information presented or submitted by
the complainant, and review the complaint record to determine
whether the department’s findings or actions should be modified
or whether further investigation is necessary. No later than 10 days
after completing this review, the deputy director shall notify the
complainant in writing of the department’s determinations and
actions concerning the appeal.

(3) A complainant may be assisted or represented by any person
of his or her choice in the appeal process described in this
subdivision.

begin delete SEC. 8. end delete
begin insert SEC. 3. end insert   

Section 1569.37 of the Health and Safety Code is
amended to read:

1569.37.  

(a) No licensee, or officer or employee of the licensee,
shall discriminate or retaliate in any manner, including, but not
limited to, eviction or threat of eviction, against any person
receiving the services of the licensee’s residential care facility for
the elderly, or against any employee of the licensee’s facility, on
the basis, or for the reason that, the person or employee or any
other person has initiated or participated in the filing of a
complaint, grievance, or a request for investigation with the
department pursuant to this chapter, or has initiated or participated
in the filing of a complaint, grievance, or request for investigation
with the appropriate local ombudsman, or with the state
ombudsman recognized pursuant to Chapter 11 (commencing with
Section 9700) of Division 8.5 of the Welfare and Institutions Code.

(b) The department shall ensure that a licensee or officer or
employee of the licensee complies with subdivision (a).

begin delete SEC. 9. end delete
begin insert SEC. 4. end insert   

The Legislature finds and declares that Section begin delete 6 end delete begin insert 1 end insert of
this act, which adds Section 1569.25 to the Health and Safety Code,
imposes a limitation on the public’s right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:

In order to protect the identity of individual residents and
employees of residential care facilities for the elderly, the
limitations on the public’s right of access imposed by Section begin delete 6 end delete begin insert 1 end insert
of this act are necessary.