BILL NUMBER: AB 1571 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eggman
(Coauthor: Assembly Member Skinner)
(Coauthor: Senator Block)
JANUARY 30, 2014
An act to amend Sections 1569.15, 1569.355, and 1569.618 of the
Health and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, as introduced, Eggman. Residential care facilities for
the elderly: licensing and regulation.
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 requires any person seeking a license for a
residential care facility for the elderly to file an application with
the department, as specified.
This bill would, among other things, require an applicant to
provide additional information, including, but not limited to, the
applicant's history of substantial compliance with the requirements
imposed under specified facility licenses, applicable state and
federal laws and regulations, and requirements governing the
operators of those facilities, and the applicant's prior history of
operating a specified facility in another state. The bill would also
require that all applicant information be cross checked with the
State Department of Public Health to determine if the applicant has a
prior history of operating specified licensed facilities.
Existing law requires the Director of Social Services to establish
an automated license information system on licensees and former
licensees of licensed residential care facilities for the elderly.
The system is required to maintain a record of any information that
may be pertinent for licensure. A violation of the provisions of the
act is a crime.
This bill would require the department, among other things, to
develop and establish as consumer information service system to
provide updated and accurate information to the general public and
consumers regarding residential care facilities for the elderly, as
specified. The bill would require by July 1, 2019, each licensee of a
residential care facility for the elderly to submit a profile of
resident characteristics to the department on an annual basis,
including, but not limited to, the number of residents in the
facility who are bedridden, nonambulatory, receiving hospice care,
have one or more allowable health conditions, have one or more
restricted health conditions, or who have dementia. Because the bill
would create a new crime, it would impose a state-mandated local
program.
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:
SECTION 1. Section 1569.15 of the Health and Safety Code is
amended to read:
1569.15. (a) Any person desiring
issuance of seeking a license for a residential
care facility for the elderly under this chapter shall file with the
department, pursuant to regulations, an application on forms
furnished by the department, which that
shall include, but not be limited to , all of the following
:
(a)
(1) Evidence satisfactory to the department of the
ability of the applicant to comply with this chapter and of rules and
regulations adopted under this chapter by the department.
(b)
(2) Evidence satisfactory to the department that the
applicant is of reputable and responsible character. The evidence
shall include, but not be limited to, a criminal record clearance
pursuant to Section 1569.17, employment history, and character
references. If the applicant is a firm, association, organization,
partnership, business trust, corporation, or company, like evidence
shall be submitted as to the members or shareholders thereof, and the
person in charge of the residential care facility for the elderly
which for which the application for
issuance of license or special permit is made.
(c)
(3) Evidence satisfactory to the department that the
applicant has sufficient financial resources to maintain the
standards of service required by regulations adopted pursuant to this
chapter.
(d)
(4) Disclosure of the applicant's prior or present
service as an administrator, general partner, corporate officer or
director of, or as a person who has held or holds a beneficial
ownership of 10 percent or more in, any residential care facility for
the elderly or in any facility licensed pursuant to Chapter 1
(commencing with Section 1200), Chapter 2 (commencing with Section
1250), or Chapter 3 (commencing with Section 1500) , and the
applicant 's history of substantial compliance with the
requirements imposed under that license, applicable state and federal
laws and regulations, and requirements governing the operators of
those facilities .
(5) Prior history of operating any entity specified in paragraph
(4) in any other state, and the applicant's history of substantial
compliance with that state's requirements, and applicable federal
laws, regulations, and requirements.
(e)
(6) Disclosure of any revocation or other disciplinary
action taken, or in the process of being taken, against a license
held or previously held by the entities specified in
subdivision (c) paragraph (4) .
(f)
(7) Any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(g) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(h)
(8) Following the implementation of Article 7
(commencing with Section 1569.70) , evidence satisfactory
to the department of the applicant's ability to meet regulatory
requirements for the level of care the facility intends to provide.
(i)
(9) Evidence satisfactory to the department of adequate
knowledge of supportive services and other community supports
which that may be necessary to meet the
needs of elderly residents.
(j)
(10) A signed statement that the person desiring
issuance of a license has read and understood the residential care
facility for the elderly statute and regulations.
(k)
(11 ) Designation by the applicant of the
individual who shall be the administrator of the facility, including,
if the applicant is an individual, whether or not the licensee shall
also be the administrator.
(12) Each applicant shall disclose to the department evidence of
the right of possession of the facility at the time the application
is granted, which may be satisfied by the submission of a copy of
applicable portions of a lease agreement or deed of trust. The names
and addresses of any persons or organizations listed as owners of
record in the real estate, including the buildings and the grounds
appurtenant to the buildings, shall be disclosed to the department.
( l )
(13) Evidence of successfully completing a
certified prelicensure education program pursuant to Section 1569.23.
(m)
(14) For any facility that promotes or advertises or
plans to promote or advertise special care, special programming, or
special environments for persons with dementia, disclosure to the
department of the special features of the facility in its plan of
operation.
(b) All applicant information shall be cross checked with the
State Department of Public Health to determine if the applicant has a
prior history of operating any entity specified in paragraph (4).
(c) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in the regulations of the
department has not been provided, or has not been provided in the
form requested by the licensing agency, or both.
(d) The information required pursuant to this section, other than
individuals' social security numbers, shall be made available to the
public upon request, and shall be included in the department's public
file regarding the facility and in an online inquiry system
accessible through the department's Internet Web site.
(e) The department may deny an application for licensure under
this chapter on the grounds that the applicant knowingly made a false
statement of fact with regard to information that was required by
the application for licensure.
SEC. 2. Section 1569.355 of the Health and Safety Code is amended
to read:
1569.355. (a) The director shall establish
and maintain an automated license information system on
licensees and former licensees of licensed residential care
facilities for the elderly. The system shall maintain a record of any
information that may be pertinent , as determined by the
director, for licensure under this chapter. This
information may shall include, but is
not limited to, the licensees' addresses, telephone numbers,
violations of any laws related to the care of clients in a
residential care facility for the elderly, licenses, and
revocation of any licenses and, to the extent permitted by
federal law, social security numbers. , including any
prior health facility licenses and prior licenses for residential
care facilities for the elderly.
(b) The department shall develop and establish a consumer
information service system to provide updated and accurate
information to the general public and consumers regarding residential
care facilities for the elderly in their communities. The department
shall make public information from the consumer information system
available in electronic format to individuals or organizations.
(c) By July 1, 2015, the department shall establish an online
inquiry system accessible through an Internet Web site and post
residential care facility for the elderly profiles, with data,
including, but not limited to, all of the following:
(1) The name, address, and telephone number of the licensed
providers, including the owner and the licensee.
(2) The number of licensed beds in the facility, including the
number of nonambulatory beds.
(3) Whether the facility is permitted to provide hospice care
services.
(4) Whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias or has a delayed
egress or secured perimeter system in place.
(5) Aggregate information on each facility, including, for each of
the previous five years, the number of complaints filed against the
facility, the number of deficiencies, enforcement actions resulting
in fines against the facility, and the amount of the fines assessed
and the amount collected.
(d) By July 1, 2016, the profile for each facility shall include
all of the following:
(1) Department actions, including license suspensions,
revocations, probations, settlements, stipulations, accusations,
audits, compliance conferences and compliance plans or other
administrative or legal actions, and when the administrative or legal
action was taken and will be terminated.
(2) Any enforcement action resulting in a fine, stating the nature
of the regulatory violation, the amount of the fine, and the amount
collected.
(3) A history of inspections and department actions for the last
five years.
(e) By July 1, 2017, the profile of each facility shall include
all of the following:
(1) Information regarding complaints, including the nature of the
complaint, results of the complaint investigation, actions taken, and
the dates that the complaint was received, investigated, and closed.
(2) Information regarding violations assessed, including the type
of deficiency, status of the violation, the facility's plan of
correction, when the corrections were completed, information as to
whether an appeal has been filed, and whether fines were assessed and
the amount collected.
(3) Posting of the facility inspection reports and plans of
correction, including findings of the most recent inspection report
and the date that the inspection was conducted.
(f) Any resolution of an appeal pertaining to a violation or
complaint shall be updated in a timely manner.
(g) By July 1, 2018, the profile shall include all of the
following:
(1) Facility reports of any alleged elder abuse and suspicious
death, the date of the report, and whether these reports resulted in
an investigation, including the date and results of the
investigation.
(2) Whether the facility or licensee has ever reported any of the
events listed in subdivision (a) of Section 1569.686 to the
department.
(3) Ownership information, including, but not limited to, whether
the licensee is a for-profit or not-for-profit provider, the names
and license numbers of other facilities owned, managed, or operated
by the same licensee, and the names and addresses of any persons or
organizations listed as owners of record of the real estate,
including the buildings and the grounds appurtenant to the buildings.
The information required by this paragraph shall be provided to the
department upon initial application for licensure, and any change in
the information shall be provided to the department within 30
calendar days of that change.
(4) Information in this subdivision shall be updated on a regular
basis but no less frequently than quarterly.
(h) By July 1, 2019, each licensee of a residential care facility
for the elderly shall submit a profile of resident characteristics to
the department on an annual basis, including, but not limited to,
the number of residents in the facility who are bedridden,
nonambulatory, receiving hospice care, have one or more allowable
health conditions, have one or more restricted health conditions, or
who have dementia. The department shall include this information on
the facility profile annually.
(i) By July 1, 2019, the department shall develop and implement a
rating system.
(j) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant this section, shall
work with stakeholder groups, including consumer organizations.
(k) The department shall interface the consumer information
service system with its automated license information system on
licensees and former licensees of licensed residential care
facilities for the elderly.
(l) 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.
SEC. 3. Section 1569.618 of the Health and Safety Code is amended
to read:
1569.618. (a) The administrator designated by the licensee
pursuant to subdivision (k) paragraph (11) of
subdivision (a) of Section 1569.15 shall be present at the
facility during normal working hours. A facility manager designated
by the licensee with notice to the department, shall be responsible
for the operation of the facility when the administrator is
temporarily absent from the facility.
(b) "Facility manager" means a person on the premises with the
authority and responsibility necessary to manage and control the
day-to-day operation of a residential care facility for the elderly
and supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility, he
or she shall be limited to the administration and management of only
one facility.
SEC. 4. 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.