Amended in Assembly April 22, 2014

Amended in Assembly March 25, 2014

Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1554

Introduced by Assembly Member Skinner

(Principal coauthor: Assembly Member Rodriguez)

(Coauthors: Assembly Members Atkins and Eggman)

(Coauthors: Senators Block and Corbett)

January 27, 2014

An act to amend Sections 1569.35 and 1569.37 of begin delete , and to add Section 1569.25 to, end delete the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1554, as amended, Skinner. Residential care facilities for the elderly.

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 and makes a violation of those provisions a crime. 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 giving a licensee advance notice of an investigation regarding a complaint and requiring the department to begin delete make end delete begin insert conduct end insert an onsite begin delete inspection end delete begin insert investigation end insert within 24 hours of receiving a complaint begin delete where end delete begin insert if end insert the complaint alleges abuse, neglect, or a threat of imminent danger. The bill would require the department to conduct investigations in the manner required to ensure maximum effectiveness while respecting the rights of residents and to complete an investigation begin insert , except as specified, end insert 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 prohibit a licensee, or officer or employee of the licensee, from interfering with or obstructing an investigation begin delete or onsite inspection end delete conducted pursuant to these provisions and would require the department to assess an immediate civil penalty of $1,000 per day per violation for violations of that prohibition. Because a violation of this prohibition would also be a crime, the bill would impose a state-mandated local program. 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.

begin delete

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.

end delete

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.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

begin delete

SECTION 1.  

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. 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 begin delete orally
or end delete begin insert orally, end insert in writing begin insert , or electronically end insert .

(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 begin delete inspection end delete
begin insert investigation end insert within 10 days after receiving the complaint.

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

(3) Notwithstanding paragraph (1), begin delete when a complaint alleges end delete begin insert if
a local long-term care ombudsman or the State Long-Term Care
Ombudsman files a complaint alleging end insert 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
begin delete immediately review the complaint, end delete begin insert give priority to the complaint,
as required pursuant to Section 9721 of the Welfare and Institutions
Code, and end insert confer with the Office of the State Long-Term Care begin delete Ombudsman, and notify the complainant of the department’s
proposed course of action end delete begin insert Ombudsman in the investigation end insert .

(4) Prior to conducting an onsite begin delete inspection end delete begin insert investigation end insert
pursuant to this section, the officer, employee, or agent of the
department who will conduct the begin delete inspection end delete begin insert investigation end insert 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. begin insert Nothing in this subdivision shall
be construed to limit the department’s ability to temporarily
suspend an investigation if requested to do so by a law enforcement
agency because the investigation would adversely affect an active
criminal investigation. The department shall maintain written
documentation of the law enforcement request and continue to
ensure the safety of all residents. The department shall immediately
resume any investigation that is suspended pursuant to this
subdivision upon consent of law enforcement or completion of the
criminal investigation. end insert

(d) The department shall not give a licensee advance notice of
an investigation conducted pursuant to this section. The substance
of the complaint shall be provided to the licensee no earlier than
at the time of the onsite begin delete inspection. end delete begin insert investigation. end insert 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 begin delete or the name of any person mentioned
in the complaint end delete , except the name of a duly authorized officer,
employee, or agent of the department conducting the investigation
begin delete or inspection end delete pursuant to this chapter.

(e) The department shall conduct investigations under this
section in the manner required to ensure maximum effectiveness
while respecting the rights of residents.

(f) A licensee, or officer or employee of the licensee, shall not
interfere with or obstruct an investigation begin delete or onsite inspection end delete
conducted pursuant to this section. The department shall assess an
immediate civil penalty of one thousand dollars ($1,000) per day
per violation for violations of this subdivision. In addition to
assessing that penalty, the department may take any other
enforcement actions authorized by this chapter for violations of
this subdivision.

(g) When conducting an onsite begin delete inspection end delete begin insert investigation end insert 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 begin delete inspection end delete
begin insert investigation end insert 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 begin delete or end delete begin insert who
may end insert have information about the complaint.

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

(h) 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. begin insert In cases in which the department has temporarily
suspended an investigation pursuant to subdivision (c), the
department may extend the investigation beyond the 90-day
requirement and shall notify the complainant within 48 hours that
the investigation has been temporarily suspended and why it has
been temporarily suspended, and provide an estimate of when the
investigation will be completed. end insert

(i) 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 (j) and include a copy of any reports and
documents describing violations and enforcement actions resulting
from the investigation.

(j) (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 begin delete inspection end delete begin insert investigation end insert in writing within 15 days after
receiving the notice described in subdivision (i). 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. 3. end delete
begin insert SEC. 2. 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. 4.  

The Legislature finds and declares that Section 1 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 1
of this act are necessary.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.