Amended in Assembly June 24, 2014

Amended in Senate May 27, 2014

Amended in Senate April 23, 2014

Amended in Senate March 26, 2014

Amended in Senate February 14, 2014

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 amended, 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. 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 ensure that each facility is inspected at least once every 3 begin delete years end delete begin insert years, end insert on or before July 1, begin delete 2016, end delete begin insert 2016; end insert and at least once every 2 begin delete years end delete begin insert years, end insert on or before July 1, begin delete 2017, end delete begin insert 2017; end insert and at least once each begin delete year end delete begin insert year, end insert on or before July 1, begin delete 2018, end delete begin insert 2018; end insert and each year thereafter. The bill 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, with each inspection, to conduct an evaluation of the facility for compliance with the laws and regulations governing residential care facilities for the elderly. The bill would also 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 and in 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 inspections by the
department. The department shall perform these unannounced
inspections according to the following schedule:

(1) On or before July 1, 2016, the department shall ensure that
each facility is inspected at least once every three years and as
often as necessary to ensure the quality of care provided.

(2) On or before July 1, 2017, the department shall ensure that
each facility is inspected at least once every two years and as often
as necessary to ensure the quality of care provided.

(3) On or before July 1, 2018, and each year thereafter, the
department shall ensure that each facility is inspected at least once
each year and as often as necessary to ensure the quality of care
provided.

(b) With each inspection, the department shall conduct an
evaluation of the facility for compliance with the laws and
regulations governing residential care facilities for the elderly.

(c) The department may conduct additional unannounced
inspections 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 additional inspections.

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

(4) When a facility requires additional inspections 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.

(d)  begin insert (1) end insert begin insert   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 verify that the facility is in
compliance no later than 10 days after the notification. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 10-day compliance period may be extended up to an
additional 30 days if the department determines that the delay will
not adversely impact the health, safety, and security of facility
residents.

begin insert

(3) If the department determines, prior to notification, that the
deficiencies cannot be corrected within 30 days after the
notification and that the delay will not adversely impact the health,
safety, and security of facility residents, the notice shall specify
corrective actions that shall be commenced within 30 days and
the date by which the deficiencies shall be corrected.

end insert

(e) 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 on the
department’s Internet Web site and in its district begin delete offices. end delete begin insert offices
after the department redacts all personally identifiable information
of residents. end insert

(f) 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.