Bill Text: CA AB1571 | 2013-2014 | Regular Session | Amended

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Bill Title: Residential care facilities for the elderly: licensing and regulation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1571 Detail]

Download: California-2013-AB1571-Amended.html

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BILL NUMBER: AB 1571	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Eggman
   (Coauthors: Assembly Members Ian Calderon,  Hall,
 Skinner,  Hall,   Skinner,  and Stone)
   (Coauthor: Senator Block)

                        JANUARY 30, 2014

   An act to amend Sections 1569.15 and 1569.618 of, and to add
Sections 1569.356 and 1569.501 to, the Health and Safety Code,
relating to health facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1571, as amended, Eggman. Residential care facilities for the
elderly: licensing and regulation.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure of residential care
facilities for the elderly by the State Department of Social
Services. Existing law requires any person seeking a license for a
residential care facility for the elderly to file an application with
the department, as specified. Among other required application
information, if the applicant is a firm, association, organization,
partnership, business trust, corporation, or company, evidence of
reputable and responsible character is required to be submitted as to
the members or shareholders thereof, and the person in charge of the
residential care facility for the elderly for which the application
for issuance of license or special permit is made.
   This bill would, among other things, delete the above requirement
to submit evidence of reputable and responsible character as to
members or shareholders of a firm, association, organization,
partnership, business trust, corporation, or company and the person
in charge of the facility, and instead would require the applicant to
disclose whether the licensee is a for-profit or not-for-profit
provider, the names and license numbers of other facilities owned,
managed, or operated by the same licensee, and the names and
addresses of any persons or organizations listed as owner of record
in the real estate, including the buildings and grounds appurtenant
to the buildings. The bill would require an applicant to provide
additional information, including, but not limited to, the applicant'
s history of compliance with the requirements imposed under specified
facility licenses or a similarly licensed facility, applicable state
and federal laws and regulations, and requirements governing the
operators of those facilities. The bill would also require that
specified applicant information be cross checked with the State
Department of Public Health to determine if the applicant has a prior
history of operating, holding a position in, or having ownership in,
specified licensed facilities.
   Existing law requires the Director of Social Services to establish
an automated license information system on licensees and former
licensees of licensed residential care facilities for the elderly.
The system is required to maintain a record of any information that
may be pertinent for licensure. A violation of the provisions of the
act is a crime.
   This bill would require the department, among other things, by
July 1, 2015, to post on its Internet Web site residential care
facility for the elderly profiles, with specified data. The bill
would  require by July 1, 2019,   require, upon
completion of a new community care licensing data system, or as soon
as the current data system permits,  each licensee of a
residential care facility for the elderly to submit a profile of
resident characteristics to the department on an annual basis,
including, but not limited to, the number of residents in the
facility who are bedridden, nonambulatory, receiving hospice care,
have one or more allowable health conditions, have one or more
restricted or prohibitive health conditions, or who have dementia.
The bill would also require the department to develop and implement a
ratings system by July 1, 2019, as provided. Because the bill would
create a new crime, it would impose a state-mandated local program.
   Existing law authorizes the department to deny any application for
a residential care facility for the elderly license or to suspend or
revoke those licenses on certain grounds, including, but not limited
to, a violation by the licensee of applicable provisions or of the
rules and regulations adopted under those provisions, conduct that is
inimical to the health, morals, welfare, or safety of either an
individual in or receiving services from the facility or the people
of the state, or engaging in acts of financial malfeasance concerning
the operation of a facility.
   This bill would require the department to deny an application for
licensure or authorize it to subsequently revoke a license on the
grounds that the applicant knowingly made a false statement of fact
with regard to information that was required by the application for
licensure, and would authorize the department to deny an application
for licensure or subsequently revoke a license on the grounds that
the applicant did not disclose enforcement actions on the application
as required. The bill would also authorize the department to deny an
application for licensure on the grounds that the applicant has a
history of noncompliance with the requirements imposed under
specified facility licenses or a similarly licensed facility in
another state, applicable state and federal laws and regulations, and
the requirements governing the operators of those facilities.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.15 of the Health and Safety Code is
amended to read:
   1569.15.  (a) Any person seeking a license for a residential care
facility for the elderly under this chapter shall file with the
department, pursuant to regulations, an application on forms
furnished by the department, that shall include, but not be limited
to, all of the following:
   (1) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
adopted under this chapter by the department.
   (2) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. The evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1569.17, employment history, and character references. The
applicant shall disclose whether the licensee is a for-profit or
not-for-profit provider, the names and license numbers of other
facilities owned, managed, or operated by the same licensee, and the
names and addresses of any persons or organizations listed as owner
of record in the real estate, including the buildings and grounds
appurtenant to the buildings.
   (3) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
   (4) Disclosure of the applicant's prior or present service in
California or any other state as an administrator, general partner,
corporate  officer   officer,  or director
of, or as a person who has held or holds a beneficial ownership of 10
percent or more in, any residential care facility for the elderly,
in any facility licensed pursuant to Chapter 1 (commencing with
Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3
(commencing with Section 1500), or a similarly licensed facility,
and the applicant's history of compliance with the requirements
imposed under that license, applicable state and federal laws and
regulations, and requirements governing the operators of those
facilities.
   (5) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in paragraph (4).
   (6) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
   (7) Following the implementation of Article 7 (commencing with
Section 1569.70), evidence satisfactory to the department of the
applicant's ability to meet regulatory requirements for the level of
care the facility intends to provide.
   (8) Evidence satisfactory to the department of adequate knowledge
of supportive services and other community supports that may be
necessary to meet the needs of elderly residents.
   (9) A signed statement that the person desiring issuance of a
license has read and understood the residential care facility for the
elderly statute and regulations.
   (10) Designation by the applicant of the individual who shall be
the administrator of the facility, including, if the applicant is an
individual, whether or not the licensee shall also be the
administrator.
   (11) Each applicant shall disclose to the department evidence of
the right of possession of the facility at the time the application
is granted, which may be satisfied by the submission of a copy of
applicable portions of a lease agreement or deed of trust. The names
and addresses of any persons or organizations listed as owners of
record in the real estate, including the buildings and the grounds
appurtenant to the buildings, shall be disclosed to the department.
   (12)  Evidence of successfully completing a certified prelicensure
education program pursuant to Section 1569.23.
   (13) For any facility that promotes or advertises or plans to
promote or advertise special care, special programming, or special
environments for persons with dementia, disclosure to the department
of the special features of the facility in its plan of operation.
   (b) All applicant information disclosed pursuant to paragraph (4)
of subdivision (a) shall be cross-checked with the State Department
of Public Health to determine if the applicant has a prior history of
operating, holding a position in, or having ownership in, any entity
specified in paragraph (4) of subdivision (a).
   (c) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in the regulations of the
department has not been provided, or has not been provided in the
form requested by the licensing agency, or both.
   (d) The information required by this section shall be provided to
the department upon initial application for licensure, and any change
in the information shall be provided to the department within 30
calendar days of that change.
   (e) (1) The department shall deny an application for licensure or
may subsequently revoke a license under this chapter on the grounds
that the applicant knowingly made a false statement of fact with
regard to information that was required by the application for
licensure.
   (2) The department may deny an application for licensure or may
subsequently revoke a license under this chapter on the grounds that
the applicant did not disclose enforcement actions on the application
as required by paragraph (5) of subdivision (a).
  SEC. 2.  Section 1569.356 is added to the Health and Safety Code,
to read:
   1569.356.  (a) By July 1, 2015, the department shall post on its
Internet Web site residential care facility for the elderly profiles,
with data, including, but not limited to, all of the following:

   (1) The name, address, and telephone number of the licensed
providers, including the owner and the licensee, the number of
licensed beds in the facility, including the number of nonambulatory
beds, whether the facility is permitted to provide hospice care
services, whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias and has a
delayed egress or secured perimeter system in place, and information
required pursuant to Section 1569.15.  
   (2) Aggregate information on each facility, including, for each of
the previous five years, the number of complaints filed against the
facility, the number of deficiencies, enforcement actions resulting
in fines against the facility, and the amount of the fines assessed
and the amount collected.  
   (3) Department actions, including license suspensions,
revocations, probations, settlements, stipulations, accusations,
audits, noncompliance conference summaries or other administrative or
legal actions, and when the administrative or legal action was taken
and will be terminated.  
   (b) To the extent that the department's computer system can
accommodate additional residential care facility for the elderly
profile information, the department shall, as soon as possible but no
later than January 1, 2019, post on its Internet Web site the
following information:  
   (1) The name, address, and telephone number of the licensed
providers, the status of the license, and the facility capacity.
 
   (2) Aggregate information on each facility, including, for each of
the previous five years, the number of site visits and inspections,
the number of substantiated and inconclusive complaint allegations
filed against the facility, and the number and type of citations
assessed against the facility.  
   (3) Department actions, including license suspensions,
revocations, and probations.  
   (b) The department shall actively seek technologies that enable it
to post the following information on its Internet Web site, or if
none exist, upon completion of a new community care licensing data
system, the department shall post on its Internet Web site all of the
following information:  
   (1) The name, address, and telephone number of the licensed
providers, including the owner and the licensee, the number of
licensed beds in the facility, including the number of nonambulatory
beds, whether the facility is permitted to provide hospice care
services, whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias and has a
delayed egress or secured perimeter system in place, and information
required pursuant to Section 1569.15.  
   (1) 
    (2)  Complaints, including the nature of the complaint,
results of the complaint investigation, actions taken, and the dates
that the complaint was received, investigated, and closed. 
   (2) 
    (3)  Violations assessed, including the type of
deficiency, status of the violation, the facility's plan of
correction, when the corrections were completed, information as to
whether an appeal has been filed, whether fines were assessed and the
amount collected, and whether a deficiency was dismissed on appeal.

   (3)  Posting of the facility inspection 
    (4)     Facility inspection  reports
and plans of correction, including findings of the most recent
inspection report and the date that the inspection was conducted.
   (c) Any resolution of an appeal pertaining to a violation or
complaint shall be updated in a timely manner.
   (d)  By July 1, 2019,   Upon completion of a
new community care licensing data system, or as soon as the current
system permits,  each licensee of a residential care facility
for the elderly shall submit a profile of resident characteristics to
the department on an annual basis, including, but not limited to,
the number of residents in the facility who are bedridden,
nonambulatory, receiving hospice care, have one or more allowable
health conditions, have one or more restricted or prohibitive health
conditions, or have dementia. The department shall include this
information on the facility profile and on the online consumer
information system annually.
   (e) By July 1, 2019, the department shall develop and implement a
ratings system designed to allow consumers to compare residential
care facilities for the elderly.
   (1) At a minimum, the ratings system shall be updated to reflect
the most recent inspection report, as required by Section 1569.33.
   (2) The ratings shall be based on a facility's inspection, and
other factors as determined by the department in consultation with
stakeholders.
   (f) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to this section,
shall work with stakeholder groups, including consumer organizations.

   (g) In implementing this section, the department shall ensure the
confidentiality of personal and identifying information of residents
and employees and shall not disclose this information through the
consumer information service system developed pursuant to this
section.
  SEC. 3.  Section 1569.501 is added to the Health and Safety Code,
immediately following Section 1569.50, to read:
   1569.501.  (a) The department may deny an application for
licensure under this chapter on the grounds that the applicant has a
history of noncompliance with the requirements imposed upon any
residential care facility for the elderly license, any facility
licensed pursuant to Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing
with Section 1500), or a similarly licensed facility in another
state, applicable state and federal laws and regulations, and the
requirements governing the operators of those facilities.
   (b) This section applies to an applicant that is or was an
administrator, general partner, corporate officer, or director of, or
is a person who has held or holds a beneficial ownership of 10
percent or more in, any residential care facility for the elderly, in
any facility licensed pursuant to Chapter 1 (commencing with Section
1200), Chapter 2 (commencing with Section 1250), or Chapter 3
(commencing with Section 1500), or a similarly licensed facility in
another state.
  SEC. 4.  Section 1569.618 of the Health and Safety Code is amended
to read:
   1569.618.  (a)  The administrator designated by the licensee
pursuant to paragraph (11) of subdivision (a) of Section 1569.15
shall be present at the facility during normal working hours. A
facility manager designated by the licensee with notice to the
department, shall be responsible for the operation of the facility
when the administrator is temporarily absent from the facility.
   (b)  "Facility manager" means a person on the premises with the
authority and responsibility necessary to manage and control the
day-to-day operation of a residential care facility for the elderly
and supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility, he
or she shall be limited to the administration and management of only
one facility.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.