Senate Bill No. 895

Introduced by Senator Corbett

January 13, 2014

An act to amend Section 1569.33 of the Health and Safety Code, relating to residential care facilities for the elderly.

LEGISLATIVE COUNSEL’S DIGEST

SB 895, as introduced, Corbett. Residential care facilities for the elderly: unannounced visits.

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires that every licensed residential care facility for the elderly be subject to unannounced visits by the department and requires the department to visit these facilities as often as necessary to ensure the quality of care provided, but no less often than once every 5 years. Existing law requires the department to conduct an annual unannounced visit under specified circumstances, including when a license is on probation, and to conduct annual unannounced visits to no less than 20% of the facilities not subject to an evaluation under specified circumstances, as specified. Existing law requires the department to notify the residential care facility for the elderly in writing of all deficiencies and to set a reasonable length of time for compliance by the facility. Existing law requires inspection reports, consultation reports, lists of deficiencies, and plans of correction to be open to public inspection.

This bill would instead require the department to inspect these facilities at least once each year and would authorize the department to conduct additional unannounced inspections under specified circumstances. The bill would delete the provisions requiring the department to conduct annual unannounced visits to no less than 20% of the facilities and the provisions requiring an unannounced visit no less often than once every 5 years. The bill would require the department to verify that a facility is in compliance no later than 10 days after the notification of deficiencies in compliance and would require inspection reports, consultation reports, lists of deficiencies, and plans of correction to be open to public inspection on the department’s Internet Web site or its district offices.

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

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

SECTION 1.  

Section 1569.33 of the Health and Safety Code
is amended to read:

1569.33.  

(a) Every licensed residential care facility for the
elderly shall be subject to unannounced begin delete visits end delete begin insert inspections end insert by the
department. The department shall begin delete visit end delete begin insert inspect end insert these facilities begin insert at
least once each year and end insert as often as necessary to ensure the quality
of care provided.

(b) The department begin delete shall conduct an annual unannounced visit end delete
begin insert may conduct additional unannounced inspections end insert of a facility
under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require begin delete an annual evaluation. end delete begin insert additional inspections. end insert

(3) When an accusation against a licensee is pending.

(4) When a facility requires begin delete an annual visit end delete begin insert additional
inspections end insert as a condition of receiving federal financial
participation.

(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.

begin delete

(c) (1) The department shall conduct annual unannounced visits
to no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the
department.

end delete begin delete

(2) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.

end delete begin delete

(d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every five years.

end delete begin delete

(e)

end delete

begin insert (c) end insert  The department shall notify the residential care facility for
the elderly in writing of all deficiencies in its compliance with the
provisions of this chapter and the rules and regulations adopted
pursuant to this chapter, and shall begin delete set a reasonable length of time
for compliance by the facility. end delete begin insert verify that the facility is in
compliance no later than 10 days after the notification. end insert

begin delete

(f)

end delete

begin insert (d) end insert  Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection begin insert on the
department’s Internet Web site or its district offices end insert .

begin delete

(g)

end delete

begin insert (e) end insert  As a part of the department’s evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or
a special environment for persons with dementia to monitor
compliance with Sections 1569.626 and 1569.627.