Amended in Assembly August 18, 2014

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 begin insert , and to add Section 1569.331 to, end insert 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. begin insert Violation of these provisions is a misdemeanor. end insert 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. begin delete 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. end delete 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.

begin delete

This bill would instead require the department to ensure that each facility is inspected at least once every 3 years, on or before July 1, 2016; and at least once every 2 years, on or before July 1, 2017; and at least once each year, on or before July 1, 2018; 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.

end delete begin insert

This bill would require residential care facilities for the elderly to remedy the deficiencies within 10 days of the notification, except as specified, and would provide that a violation of this provision is not a misdemeanor under the act. The bill would require the department to post on its Internet Web site information on how to obtain an inspection report, and would state the intent of the Legislature that the department make inspection reports available on its Internet Web site by January 1, 2020.

end insert begin insert

The bill would also require the department to design, or cause to be designed, a poster that contains information on the appropriate reporting agency in case of a complaint or emergency. The bill would require a residential care facility for the elderly to post this poster in the main entry way of its facility, and would provide that a violation of this provision is not a misdemeanor under the act, but may be subject to civil penalties.

end insert begin insert

Existing law states the intent of the Legislature that increased staffing and funding resources for the State Department of Social Services Community Care Licensing Division (CCLD) appropriated in the Budget Act of 2014 be used to enhance the CCLD’s structure and improve its operations. Existing law also states the intent of the Legislature to increase the frequency of facility inspections resulting in annual inspections for some or all facility types, including residential care facilities for the elderly. Existing law requires the State Department of Social Services, during the 2015-16 legislative budget subcommittee hearings, to update the Legislature on the status of the structural and quality enhancement improvements.

end insert begin insert

This bill would require the department to also report the projected costs of conducting annual inspections of residential care facilities for the elderly beginning January 1, 2018.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

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

1569.33.  

(a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department.
The department shall visit these facilities as often as necessary to
ensure the quality of care provided.

(b) The department shall conduct an annual unannounced visit
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 an annual evaluation.

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

(4) When a facility requires an annual visit 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.

(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.

(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.

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

(e)  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 begin delete chapter, and shall set a reasonable length of time
for compliance by the facility. end delete begin insert chapter. end insert

begin insert

(2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the deficiencies
within 10 days of the notification. A violation of this paragraph is
not subject to Section 1569.40.

end insert

(f)  begin insert (1) end insert begin insert   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

(2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.

end insert begin insert

(B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by
January 1, 2020.

end insert

(g) 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.

begin insert

(h) (1) The department shall design, or cause to be designed,
a poster that contains information on the appropriate reporting
agency in case of a complaint or emergency.

end insert begin insert

(2) Each residential care facility for the elderly shall post this
poster in the main entry way of its facility. A violation of this
paragraph is not subject to Section 1569.40, but may be subject
to the civil penalties specified in Section 1569.49.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1569.331 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1569.331. end insert   

The Legislature hereby finds and declares that in
order to protect the health and safety of elders in care at residential
care facilities for the elderly, appropriate oversight and regulation
of residential care facilities for the elderly requires regular,
periodic inspections of these facilities in addition to investigations
in response to complaints. It is the intent of the Legislature to
increase the frequency of unannounced inspections pursuant to
Section 1569.33. In addition to the information that the State
Department of Social Services is required to report during the
2015-16 legislative budget subcommittee hearings pursuant to
Section 85 of Chapter 29 of the Statutes of 2014, the department
shall also at that time report the projected costs of conducting
annual inspections of residential care facilities for the elderly
beginning January 1, 2018.

end insert

begin delete

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) (1) 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.

(2) The 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.

(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.

(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 offices after the
department redacts all personally identifiable information of
residents.

(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.

end delete