Senate Bill No. 1382

Introduced by Senator Block

February 21, 2014

An act to amend Section 1569.185 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 1382, as introduced, Block. Residential care facilities for the elderly.

Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law sets forth the annual licensure fees to operate a residential care facility for the elderly and various other fees charged by the department.

This bill would make technical, nonsubstantive changes to those fee provisions.

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

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

SECTION 1.  

Section 1569.185 of the Health and Safety Code
is amended to read:

1569.185.  

(a) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a residential care facility for the elderly. After
initial licensure, a fee shall be charged by the department annually
on each anniversary of the effective date of the license.

The fees are for the purpose of financing activities specified in
this chapter. Fees shall be assessed as follows:

 

Fee Schedule
Capacity	Initial Application	Annual
1-3	$413	$413
4-6	$825	$413
7-15	$1,239	$619
16-30	$1,650	$825
31-49	$2,064	$1,032
50-74	$2,477	$1,239
75-100	$2,891	$1,445
101-150	$3,304	$1,652
151-200	$3,852	$1,926
201-250	$4,400	$2,200
251-300	$4,950	$2,475
301-350	$5,500	$2,750
351-400	$6,050	$3,025
401-500	$7,150	$3,575
501-600	$8,250	$4,125
601-700	$9,350	$4,675
701+	$11,000	$5,500

 

(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge begin insert all of end insert the following fees:

(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.

(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.

(D) An orientation fee of fifty dollars ($50) for attendance by
begin delete any end delete begin insert an end insert individual at a department-sponsored orientation session.

(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the
established annual fee when begin delete any end delete begin insert a end insert licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark
on the payment.

(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.

(H) A plan of correction fee of two hundred dollars ($200) when
begin delete any end delete begin insert a end insert licensee does not implement a plan of correction on or prior
to the date specified in the plan.

(2)  begin delete No end delete begin insert A end insert begin insert end insert local jurisdiction shall begin insert not end insert impose begin delete any end delete begin insert a end insert business
license, fee, or tax for the privilege of operating a facility licensed
under this chapter begin delete which end delete begin insert that end insert serves six or fewer persons.

(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care or
supervision by licensees and to support the activities of the
licensing programs, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this chapter, and other administrative activities in
support of the licensing program, when appropriated for these
purposes. The revenues collected shall be used in addition to any
other funds appropriated in the annual Budget Act in support of
the licensing program.

(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose
and use, as approved by the Department of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit
a budget change proposal to justify any positions or any other
related support costs on an ongoing basis.

(d) A residential care facility for the elderly may use a bona
fide business check to pay the license fee required under this
section.

(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.