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, on or before July 1, 2015, would require the department to set a performance benchmark for completing its investigations within a defined number of days after receiving the complaint, not to exceed 60 working days. The bill would require the department, if it extends an investigation beyond the number of days specified in the benchmark, to notify the complainant, in writing, of the basis for the extension. The bill would require, effective July 1, 2015, and upon request of the complainant, that the department provide specific findings concerning an 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. The bill would require the department to analyze its compliance with the benchmark in its annual system and staffing analysisbegin insert,end insert to make that analysis available to the relevant fiscal and policy committees of the Legislature, and to post it on the department’s Internet Web site.
(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
P3 1during his or her tour of the facility, unless the inspector determines
2that the privacy of any patient would be violated thereby.
3(2) When conducting an onsite inspection or investigation
4pursuant to this section, the department shall collect and evaluate
5all available evidence and may issue a citation based upon, but not
6limited to, all of the following:
7(A) Observed conditions.
8(B) Statements of witnesses.
9(C) Facility records.
10(3) On or before July 1, 2015, the department shall set a
11performance benchmark for completing its investigation
within a
12defined number of days after receiving the complaint. The
13performance benchmark may be less than, but shall not exceed,
1460 working days.
15(4) If the department extends an investigation beyond the
16number of days specified in the performance benchmark, it shall
17notify the complainant, in writing, of the basis for the extension,
18and shall include in the notice
the status of the investigation and
19the anticipated completion date. The department shall, thereafter,
20complete the investigation as expeditiously as possible.
21(5) Within 10 working days of the completion of the complaint
22investigation, the department shall notify the complainant and
23licensee, in writing, of the department’s determination as a result
24of the inspection or investigation.
25(6) Effective July 1, 2015, upon request of the complainant, the
26department shall provide specific findings concerning an alleged
27violation, and shall include a summary of the evidence upon which
28the determination is made. The written determination shall not
29disclose the names of individual residents.
30(b) Upon being
notified of the department’s determination as a
31result of the inspection or investigation, a complainant who is
32
dissatisfied with the department’s determination, regarding a matter
33which would pose a threat to the health, safety, security, welfare,
34or rights of a resident, shall be notified by the department of the
35right to an informal conference, as set forth in this section. The
36complainant may, within 15 days after receipt of the notice, notify
37the director in writing of his or her request for an informal
38conference. The informal conference shall be held with the
39designee of the director for the county in which the long-term
40health care facility that is the subject of the complaint is located.
P4 1The long-term health care facility may participate as a party in this
2informal conference. The director’s designee shall notify the
3complainant and licensee of his or her determination within 10
4working days after the informal conference and shall apprise the
5complainant and licensee in writing of the
appeal rights provided
6in subdivision (c).
7(c) If the complainant is dissatisfied with the determination of
8the director’s designee in the county in which the facility is located,
9the complainant may, within 15 days after receipt of this
10determination, notify in writing the Deputy Director of the
11Licensing and Certification Division of the department, who shall
12assign the request to a representative of the Complainant Appeals
13Unit for review of the facts that led to both determinations. As a
14part of the Complainant Appeals Unit’s independent investigation,
15and at the request of the complainant, the representative shall
16interview the complainant in the district office where the complaint
17was initially referred. Based upon this review, the Deputy Director
18of the Licensing and Certification Division of the department shall
19make his or
her own determination and notify the complainant and
20the facility within 30 days.
21(d) Any citation issued as a result of a conference or review
22provided for in subdivision (b) or (c) shall be issued and served
23upon the facility within three working days of the final
24determination, unless the licensee agrees in writing to an extension
25of this time. Service shall be effected either personally or by
26registered or certified mail. A copy of the citation shall also be
27sent to each complainant by registered or certified mail.
28(e) A miniexit conference shall be held with the administrator
29or his or her representative upon leaving the facility at the
30completion of the investigation to inform him or her of the status
31of the investigation. The department shall also state the items of
32noncompliance
and compliance found as a result of a complaint
33and those items found to be in compliance, provided the disclosure
34maintains the anonymity of the complainant. In any matter in which
35there is a reasonable probability that the identity of the complainant
36will not remain anonymous, the department shall also notify the
37facility that it is unlawful to discriminate or seek retaliation against
38a resident, employee, or complainant.
39(f) For purposes of this section, “complaint” means any oral or
40written notice to the department, other than a report from the
P5 1facility, of an alleged violation of applicable requirements of state
2or federal law or any alleged facts that might constitute a violation
3of these requirements.
4(g) The department shall apply the timeframes for investigation
5or
inspection established in this section to a report from the facility
6of an alleged violation of applicable requirements of state or federal
7law or any alleged facts that might constitute a violation of those
8requirements.
9(h) It is the intent of the Legislature in enacting the amendments
10that added this subdivision that the department endeavor to
11complete investigations of complaints within the benchmark
12established pursuant to this section.
13(i) The department shall analyze its compliance with the
14benchmark developed pursuant to paragraph (3) of subdivision (a)
15in its annual system and staffing analysis prepared pursuant to
16paragraph (2) of subdivision (d) of Section 1266. The analysis
17required pursuant to this subdivision shall be made available to
18the relevant fiscal and
policy committees of the Legislature and
19shall be posted on the department’s Internet Web site. The analysis
20shall provide data on the department’s performance and shall
21include, at a minimum, a tabulation of all of the following:
22(1) Open investigations.
23(2) Completed investigations.
24(3) Number and percentage of investigations that meet the
25benchmark.
26(4) Average length of time to complete an investigation.
begin insert
27(j) Nothing in this section shall be interpreted to diminish the
28department’s authority and obligation to investigate and enforce
29any
alleged violation of applicable requirements of state or federal
30law, or any alleged facts that might constitute a violation of
31applicable requirements of state or federal law.
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