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 billbegin insert, beginning July 1, 2015,end insert 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 conduct an onsite investigation withinbegin delete 24 hoursend deletebegin insert one working dayend insert of receiving a complaint if the complaint allegesbegin delete abuse, neglect,end deletebegin insert physical abuse, sexual abuse,end insert or a threat of imminent danger. The bill wouldbegin delete requireend deletebegin insert state the intent of the Legislature thatend insert the departmentbegin delete toend delete
conduct investigations in the manner required to ensure maximum effectiveness while respecting the rights of residents and to complete an investigation, except as specified, within 90 days of receiving a complaint, or within 30 daysbegin delete whereend deletebegin insert whenend insert the complaint allegesbegin delete abuse, neglect,end deletebegin insert
physical abuse, sexual abuse,end insert
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 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.
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 tobegin delete ensure that a licensee complies with that provision.end deletebegin insert assess an immediate $1,000 per day civil penalty for each violation of these provisions.end insert
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 insertSection 1569.35 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert
(a) Any person may request an inspection of any
4residential care facility for the elderly in accordance with this
5chapter by transmitting to the department notice of an alleged
6violation of applicable requirements prescribed by statutes or
7regulations of this state, including, but not limited to, a denial of
8access of any person authorized to enter the facility pursuant to
9Section 9722 of the Welfare and Institutions Code. A complaint
10may be made either orally or in writing.
11(b) The substance of the complaint shall be provided to the
12licensee no earlier than at the time of the inspection. Unless the
13complainant specifically requests otherwise, neither the substance
14of the complaint provided the licensee nor any copy of
the
15complaint or any record published, released, or otherwise made
16available to the licensee shall disclose the name of any person
17mentioned in the complaint except the name of any duly authorized
18officer, employee, or agent of the department conducting the
19investigation or inspection pursuant to this chapter.
20(c) Upon receipt of a complaint, other than a complaint alleging
21denial of a statutory right of access to a residential care facility for
22the elderly, the department shall make a preliminary review and,
23unless the department determines that the complaint is willfully
24intended to harass a licensee or is without any reasonable basis, it
25shall make an onsite inspection within 10 days after receiving the
26complaint except where the visit would adversely affect the
27licensing investigation or the investigation of other agencies,
28including, but not limited to, law enforcement agencies. In either
29event, the complainant shall be promptly informed
of the
30department’s proposed course of action.
31(d) Upon receipt of a complaint alleging denial of a statutory
32right of access to a residential facility for the elderly, the
33department shall review the complaint. The complainant shall be
34notified promptly of the department’s proposed course of action.
P4 1(e) This section shall become inoperative on July 1, 2015, and,
2as of January 1, 2016, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2016, deletes or
4extends the dates on which it becomes inoperative and is repealed.
begin insertSection 1569.35 is added to the end insertbegin insertHealth and Safety
6Codeend insertbegin insert, to read:end insert
(a) A person may request an investigation of a
8residential care facility for the elderly in accordance with this
9chapter by making a complaint to the department alleging a
10violation of applicable requirements prescribed by statutes or
11regulations of this state. A complaint may be made either orally,
12in writing, or electronically.
13(b) (1) Upon receipt of a complaint, the department shall make
14a preliminary review. Within two working days of receiving the
15complaint, the department shall notify the complainant of the name
16of the officer, employee, or agent of the department who will
17conduct the investigation. Unless the department determines that
18the complaint is willfully intended to harass a licensee or is without
19any
reasonable basis, it shall make an onsite investigation within
2010 days after receiving the complaint.
21(2) Notwithstanding paragraph (1), if a complaint alleges
22physical abuse, sexual abuse, or a threat of imminent danger of
23death or serious harm, the department shall conduct an onsite
24investigation within one working day of the receipt of the
25complaint.
26(3) Notwithstanding paragraph (1), if a local long-term care
27ombudsman or the State Long-Term Care Ombudsman files a
28complaint alleging denial of a statutory right of access to a
29residential care facility for the elderly under Section 9722 of the
30Welfare and Institutions Code, the department shall give priority
31to the complaint, as required pursuant to Section 9721 of the
32Welfare and Institutions Code, and contact the Office of the State
33Long-Term Care Ombudsman in the investigation.
34(4) Prior to conducting an onsite investigation pursuant to this
35section, the department shall make a good faith effort, documented
36in writing, to contact and interview the complainant and inform
37the complainant of the department’s proposed course of action
38and the relevant deadline for the department to complete its
39investigation. To the extent practicable, the officer, employee, or
40agent of the department who will conduct the investigation will be
P5 1the representative who interviews and makes contact with the
2complainant.
3(c) When conducting an investigation pursuant to this section,
4the department shall consult with and, to the extent practicable,
5coordinate its investigation of a residential care facility for the
6elderly with the investigation of the facility by other agencies,
7including, but not limited to, the Office of the State Long-Term
8Care Ombudsman and law enforcement
agencies. Nothing in this
9subdivision shall be construed to limit the department’s ability to
10temporarily suspend an investigation if requested to do so by a
11law enforcement agency because the investigation would adversely
12affect an active criminal investigation. The department shall
13maintain written documentation of the law enforcement request
14and continue to ensure the safety of all residents. The department
15shall immediately resume any investigation that is suspended
16pursuant to this subdivision upon consent of law enforcement or
17completion of the criminal investigation.
18(d) The department shall not give a licensee advance notice of
19an investigation conducted pursuant to this section. The substance
20of the complaint shall be provided to the licensee no earlier than
21at the time of the onsite investigation. Unless the complainant
22specifically requests that his or her own name is released, neither
23the substance of the complaint provided to the
licensee, nor any
24copy of the complaint or any record published, released, or
25otherwise made available to the licensee shall disclose the name
26of the complainant.
27(e) It is the intent of the Legislature that the department shall
28conduct investigations under this section in the manner required
29to ensure maximum effectiveness while respecting the rights of
30residents.
31(f) A licensee, or officer or employee of the licensee, shall not
32interfere with or obstruct an investigation conducted pursuant to
33this section. The department shall assess an immediate civil penalty
34of one thousand dollars ($1,000) per day per violation for
35violations of this subdivision. In addition to assessing that penalty,
36the department may take any other enforcement actions authorized
37by this chapter for violations of this subdivision.
38(g) When
conducting an onsite investigation pursuant to this
39section, the department shall interview any residents who are the
40subject of the complaint. Additionally, the officer, employee, or
P6 1agent of the department conducting the investigation shall collect
2and evaluate all available evidence necessary to complete the
3investigation, including, but not limited to, the following:
4(1) Observed conditions.
5(2) Statements of witnesses.
6(3) Interviews with administration, staff, other residents, family
7members, visitors, the long-term care ombudsman, and other
8individuals or agencies that provide services at the facility who
9may have information about the complaint.
10(4) Records from the facility and any other relevant sources.
11(h) (1) The department shall complete its investigation within
1290 days of receiving the complaint. Investigation of a complaint
13alleging physical abuse, sexual abuse, or a threat of imminent
14danger of death or serious harm shall be completed within 30 days
15of receiving the complaint.
16(2) The 30-day and 90-day deadlines in paragraph (1) may be
17extended for an additional 30 days if the department has diligently
18attempted, but has not been able, to obtain necessary evidence
19related to the investigation. Whenever the department exercises
20this authority, it shall notify the complainant in writing of the basis
21for the extension, and shall include in the notice any outstanding
22evidence, the sources from which the evidence has been sought,
23and the anticipated completion date.
24(3) Nothing in this section
shall be interpreted to diminish the
25department’s authority and obligation to investigate and enforce
26an alleged violation of state laws or regulations or any alleged
27facts that might constitute such a violation.
28(i) Within 10 days of completing the investigation of a complaint
29under this section, the department shall notify the complainant in
30writing of the department’s determination as a result of the
31investigation and of the complainant’s right to appeal the findings.
32The written notice shall describe the appeal process provided for
33under subdivision (j) and include a copy of any reports and
34documents describing violations and enforcement actions resulting
35from the investigation.
36(j) (1) A complainant who is dissatisfied with the department’s
37investigation, findings, or enforcement actions resulting from the
38investigation may file an appeal by notifying
the program manager
39of the officer, employee, or agent of the department conducting
40the investigation in writing within 15 days after receiving the notice
P7 1described in subdivision (i). The program manager shall schedule
2a meeting or teleconference with the complainant within 30 days
3of receiving an appeal. The program manager shall carefully
4review the concerns, information, and evidence presented by the
5complainant to determine whether the department’s findings or
6actions should be modified or whether further investigation is
7necessary. Within 10 days after conducting the meeting or
8teleconference with the complainant, the program manager shall
9notify the complainant in writing of the department’s
10determinations and actions concerning the appeal and of the
11appeal rights provided in paragraph (2).
12(2) If a complainant is dissatisfied with the program manager’s
13determination on an appeal, the complainant may, within 15 days
14after receipt of this
determination, file an appeal in writing with
15the department’s Deputy Director of the Community Care
16Licensing Division. Within 30 days of receiving an appeal, the
17deputy director or his or her designee shall interview the
18complainant, consider any information presented or submitted by
19the complainant, and review the complaint record to determine
20whether the department’s findings or actions should be modified
21or whether further investigation is necessary. No later than 10
22days after completing this review, the deputy director shall notify
23the complainant in writing of the department’s determinations and
24actions concerning the appeal.
25(3) A complainant may be assisted or represented by any person
26of his or her choice in the appeal process described in this
27subdivision.
28(k) This section shall become operative on July 1, 2015.
Section 1569.35 of the Health and Safety Code
30 is amended to read:
(a) A person may request an investigation of a
32residential care facility for the elderly in accordance with this
33chapter by making a complaint to the department alleging a
34violation of applicable requirements prescribed by statutes or
35regulations of this state. A complaint may be made either orally,
36in writing, or electronically.
37(b) (1) Upon receipt of a complaint, the department shall make
38a preliminary review. Within two working days of receiving the
39complaint, the department shall notify the complainant of the name
40of the officer, employee, or agent of the department who will
P8 1conduct the investigation. Unless the
department determines that
2the complaint is willfully intended to harass a licensee or is without
3any reasonable basis, it shall make an onsite investigation within
410 days after receiving the complaint.
5(2) Notwithstanding paragraph (1), if a complaint alleges abuse,
6neglect, or a threat of imminent danger of death or serious harm,
7the department shall conduct an onsite
investigation within 24
8hours of the receipt of the complaint.
9(3) Notwithstanding paragraph (1), if a local long-term care
10ombudsman or the State Long-Term Care Ombudsman files a
11complaint alleging denial of a statutory right of access to a
12residential care facility for the elderly under Section 9722 of the
13Welfare and Institutions Code, the department shall give priority
14to the complaint, as required pursuant to Section 9721 of the
15Welfare and Institutions Code, and confer with
the Office of the
16State Long-Term Care Ombudsman in the investigation.
17(4) Prior to conducting an onsite investigation pursuant to this
18section, the officer, employee, or agent of the department who will
19conduct the investigation shall contact and interview the
20complainant and inform the complainant of the department’s
21proposed course of action.
22(c) The department shall coordinate its investigation of a
23residential care facility for the elderly under this section with the
24investigation of the facility by other agencies, including, but not
25limited to, the Office of the State Long-Term Care Ombudsman
26and law enforcement agencies. Nothing in this subdivision shall
27be construed to limit the department’s ability to temporarily
28suspend an investigation if requested to do so by a law enforcement
29agency because the investigation would adversely affect an active
30criminal investigation. The department shall maintain written
31documentation of the law enforcement request and continue to
32ensure the safety of all residents. The department shall immediately
33resume any investigation that is suspended pursuant to this
34subdivision upon consent of law enforcement or completion of the
35criminal
investigation.
36(d) The department shall not give a licensee advance notice of
37an investigation conducted pursuant to this section. The substance
38of the complaint shall be provided to the licensee no earlier than
39at the time of the onsite investigation. Unless the complainant
40specifically requests that his or her own name is released, neither
P9 1the substance of the complaint provided to the licensee, nor any
2copy of the complaint or any record published, released, or
3otherwise made available to the licensee shall disclose the name
4of the complainant,
except the name of a duly authorized officer,
5employee, or agent of the department conducting the investigation
6pursuant to this chapter.
7(e) The department shall conduct investigations under this
8section in the manner required to ensure maximum effectiveness
9while respecting the rights of residents.
10(f) A licensee, or officer or employee of the licensee, shall not
11interfere with or obstruct an investigation conducted pursuant to
12this section. The department shall assess an immediate civil penalty
13of one thousand dollars ($1,000) per day per
violation for violations
14of this subdivision. In addition to assessing that penalty, the
15department may take any other enforcement actions authorized by
16this chapter for violations of this subdivision.
17(g) When conducting an onsite investigation pursuant to this
18section, the department shall interview any residents who are the
19subject of the complaint. Additionally, the officer, employee, or
20agent of the department conducting the investigation shall collect
21and evaluate all available evidence, including, but not limited to,
22all
of the following:
23(1) Observed conditions.
24(2) Statements of witnesses.
25(3) Interviews with administration, staff, other residents, family
26members, visitors, the long-term care ombudsman, and other
27individuals or agencies that provide services at the facility who
28may have information about the complaint.
29(4) Records from the facility and any other relevant sources.
30(h) The
department shall complete its investigation within 90
31days of receiving the complaint. Investigation of a complaint
32alleging abuse, neglect, or a threat of imminent danger of death or
33serious harm shall be completed within 30 days of receiving the
34complaint. In cases in which the department has temporarily
35suspended an investigation pursuant to subdivision (c), the
36department may extend the investigation beyond the 90-day
37requirement and shall notify the complainant within 48 hours that
38the investigation has been temporarily suspended and why it has
39been temporarily suspended, and provide an estimate of when the
40investigation will be completed.
P10 1(i) Within 10 days of completing the investigation of a complaint
2under this section, the department shall notify the complainant in
3writing of the department’s determination as a result of the
4investigation and of the complainant’s right to appeal the findings.
5The written notice shall describe the appeal process provided for
6under subdivision (j) and include a copy of any reports and
7documents describing violations and enforcement actions resulting
8from the investigation.
9(j) (1) A complainant who is dissatisfied with the department’s
10investigation, findings, or enforcement actions resulting from the
11investigation may file an appeal by notifying the program manager
12of the officer, employee, or agent of the department conducting
13
the investigation in writing within 15 days after receiving the notice
14described in subdivision (i). The program manager shall schedule
15a meeting or teleconference with the complainant within 30 days
16of receiving an appeal. The program manager shall carefully review
17the concerns, information, and evidence presented by the
18complainant to determine whether the department’s findings or
19actions should be modified or whether further investigation is
20necessary. Within 10 days after conducting the meeting or
21teleconference with the complainant, the program manager shall
22notify the complainant in writing of the department’s
23determinations and actions concerning the appeal and of the appeal
24rights provided in paragraph (2).
25(2) If a complainant is dissatisfied with the program manager’s
26determination on an appeal, the complainant may, within 15
days
27after receipt of this determination, file an appeal in writing with
28the department’s Deputy Director of the Community Care
29Licensing Division. Within 30 days of receiving an appeal, the
30deputy director or his or her designee shall interview the
31complainant, consider any information presented or submitted by
32the complainant, and review the complaint record to determine
33whether the department’s findings or actions should be modified
34or whether further investigation is necessary. No later than 10 days
35after completing this review, the deputy director shall notify the
36complainant in writing of the department’s determinations and
37actions concerning the appeal.
38(3) A complainant may be assisted or represented by any person
39of his or her choice in the appeal process described in this
40subdivision.
Section 1569.37 of the Health and Safety Code is
3amended to read:
(a) No licensee, or officer or employee of the licensee,
5shall discriminate or retaliate in any manner, including, but not
6limited to, eviction or threat of eviction, against any person
7receiving the services of the licensee’s residential care facility for
8the elderly, or against any employee of the licensee’s facility, on
9the basis, or for the reason that, the person or employee or any
10other person has initiated or participated in the filing of a
11complaint, grievance, or a request for investigation with the
12department pursuant to this chapter, or has initiated or participated
13in the filing of a complaint, grievance, or request for investigation
14with the appropriate local ombudsman, or with the state
15ombudsman recognized pursuant to Chapter 11
(commencing with
16Section 9700) of Division 8.5 of the Welfare and Institutions Code.
17(b) The department shallbegin delete ensure that a licensee or officer or begin insert assess an
18employee of the licensee complies with subdivision (a).end delete
19immediate civil penalty in the amount of one thousand dollars
20($1,000) per day for each violation of this section. In addition to
21assessing that penalty, the department may take any other
22enforcement actions authorized by this chapter for violations of
23this section.end insert
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.
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