AB 1816, as amended, Yamada. Long-term health care facilities.
(1) Existing law provides for the licensure and regulation by the State Department of Public Health of health care facilities, including long-term health care facilities, as defined. Existing law establishes procedures to be followed when the department receives a written or oral complaint about a long-term health care facility. A complaint is defined to mean any notice to the department, other than a report from the facility, of an alleged violation of applicable requirements of state or federal law or any alleged facts that might constitute a violation.
This bill would require the department to complete its investigation of the complaint within 40 working days of its receipt, except that this period may be extended up to an additional 30 days if the department has diligently attempted, but has not been ablebegin insert,end insert
tobegin delete obtain,end deletebegin insert obtainend insert
necessary evidence related to the investigation. The bill would require the department, if it extends an investigation beyond 40 working days, to notify the complainant, in writing, of the basis for the extension.begin insert The bill would also require, if the investigation exceeds 70 working days due to circumstances beyond the department’s control, that the department notify the complainant in writing and by telephone or e-mail of the delay in the investigation and the reason for the delay.end insert The bill would require, effective July 1, 2015, that the department’s written determination provide specific findings concerning each alleged violation, and include a summary of the evidence upon which the determination is based. The bill would require the department to comply with those specified time periods established for investigations and inspections of complaints from a facility of an alleged violation of
applicable requirements of state or federal law or any alleged facts that may constitute an alleged violation of these requirements.
(2) Existing law provides the complainant with 5 business days after receipt of the notice of the department’s determination in which to request an informal conference.
This bill would, instead, provide the complainant with 15 days after receipt of the notice in which to request an informal conference.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1420 of the Health and Safety Code is
2amended to read:
(a) (1) Upon receipt of a written or oral complaint, the
4department shall assign an inspector to make a preliminary review
5of the complaint and shall notify the complainant within two
6working days of the receipt of the complaint of the name of the
7inspector. Unless the department determines that the complaint is
8willfully intended to harass a licensee or is without any reasonable
9basis, it shall make an onsite inspection or investigation within 10
10working days of the receipt of the complaint. In any case in which
11the complaint involves a threat of imminent danger of death or
12serious bodily harm, the department shall make an onsite inspection
13or investigation as soon as practicable, and in no
case more than
1424 hours of the receipt of the complaint. In any event, the
15complainant shall be promptly informed of the department’s
16proposed course of action and of the opportunity to accompany
17the inspector on the inspection or investigation of the facility. Upon
18the request of either the complainant or the department, the
19complainant or his or her representative, or both, may be allowed
20to accompany the inspector to the site of the alleged violations
21during his or her tour of the facility, unless the inspector determines
22that the privacy of any patient would be violated thereby.
P3 1(2) When conducting an onsite inspection or investigation
2pursuant to this section, the department shall collect and evaluate
3all available evidence and may issue a citation based upon, but not
4limited to, all of the following:
5(A) Observed conditions.
6(B) Statements of witnesses.
7(C) Facility records.
8(3) The department shall complete its investigation within 40
9working days from receipt of the complaint. The 40-working-day
10period may be extended up to an additional 30 days if the
11department has diligently attempted, but has not been able to
12obtain, necessary evidence related to the investigation. The
13department shall analyze its compliance with this requirement in
14its annual system and staffing analysis prepared pursuant to
15subparagraph (B) of paragraph (2) of subdivision (d) of Section
161266.begin insert This
analysis shall include, but not be limited to, a tabulation
17of open investigations and completed investigations that
18summarizes the number of extensions and their duration.end insert
19(4) If the department extends an investigation beyond 40
20working days, it shall notify the complainant, in writing, of the
21basis for the extension, and shall include in the notice any
22outstanding evidence and the sources from which the evidence has
23been sought, and the anticipated completion date.begin insert In the unusual
24event that an investigation must be extended beyond 70 working
25days due to circumstances beyond the department’s control, the
26department shall notify the complainant in writing and by telephone
27or e-mail of the delay in the investigation and the reason for the
28delay. The department shall, thereafter, complete the
investigation
29as expeditiously as possible.end insert
30(5) Within 10 working days of the completion of the complaint
31investigation, the department shall notify the complainant and
32licensee, in writing, of the department’s determination as a result
33of the inspection or investigation.
34(6) Effective July 1, 2015, the department’s written
35determination shall provide specific findings concerning each
36alleged violation, and shall include a summary of the evidence
37upon which the determination is made. The written determination
38shall not disclose the names of individual residents.
39(b) Upon being notified of the department’s determination as a
40result of the inspection or investigation, a complainant who is
P4 1
dissatisfied with the department’s determination, regarding a matter
2which would pose a threat to the health, safety, security, welfare,
3or rights of a resident, shall be notified by the department of the
4right to an informal conference, as set forth in this section. The
5complainant may, within 15 days after receipt of the notice, notify
6the director in writing of his or her request for an informal
7conference. The informal conference shall be held with the
8designee of the director for the county in which the long-term
9health care facility that is the subject of the complaint is located.
10The long-term health care facility may participate as a party in this
11informal conference. The director’s designee shall notify the
12complainant and licensee of his or her determination within 10
13working days after the informal conference and shall apprise the
14complainant and licensee in writing of the appeal
rights provided
15in subdivision (c).
16(c) If the complainant is dissatisfied with the determination of
17the director’s designee in the county in which the facility is located,
18the complainant may, within 15 days after receipt of this
19determination, notify in writing the Deputy Director of the
20Licensing and Certification Division of the department, who shall
21assign the request to a representative of the Complainant Appeals
22Unit for review of the facts that led to both determinations. As a
23part of the Complainant Appeals Unit’s independent investigation,
24and at the request of the complainant, the representative shall
25interview the complainant in the district office where the complaint
26was initially referred. Based upon this review, the Deputy Director
27of the Licensing and Certification Division of the department shall
28make his or her own determination and
notify the complainant and
29the facility within 30 days.
30(d) Any citation issued as a result of a conference or review
31provided for in subdivision (b) or (c) shall be issued and served
32upon the facility within three working days of the final
33determination, unless the licensee agrees in writing to an extension
34of this time. Service shall be effected either personally or by
35registered or certified mail. A copy of the citation shall also be
36sent to each complainant by registered or certified mail.
37(e) A miniexit conference shall be held with the administrator
38or his or her representative upon leaving the facility at the
39completion of the investigation to inform him or her of the status
40of the investigation. The department shall also state the items of
P5 1noncompliance and compliance found as a
result of a complaint
2and those items found to be in compliance, provided the disclosure
3maintains the anonymity of the complainant. In any matter in which
4there is a reasonable probability that the identity of the complainant
5will not remain anonymous, the department shall also notify the
6facility that it is unlawful to discriminate or seek retaliation against
7a resident, employee, or complainant.
8(f) For purposes of this section, “complaint” means any oral or
9written notice to the department, other than a report from the
10facility, of an alleged violation of applicable requirements of state
11or federal law or any alleged facts that might constitute a violation
12of these requirements.
13(g) The department shall apply the timeframes for investigation
14or inspection established in
this section to a report from the facility
15of an alleged violation of applicable requirements of state or federal
16law or any alleged facts that might constitute a violation of those
17requirements.
18(h) (1) It is the intent of the Legislature in enacting the
19amendments that added this subdivision that the department
20endeavor to complete investigations of complaints made on behalf
21of a resident of a long-term health care facility within 40 days.
22(2) It is also the intent of the Legislature that only those
23complaints that require additional time because the department
24has diligently attempted, but has been unable, to obtain necessary
25evidence related to the investigation receive an extension of up to
2630 days, as necessary to complete the investigation.
27(3) It is the Legislature’s further intent that after 70 working
28days, if a complaint investigation has not been completed, the
29department shall contact the complainant to share with the
30complainant the status of the complaint and the reason for the
31delay to the extent that the information can be shared.
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