Bill Text: CA AB1554 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Residential care facilities for the elderly.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1554 Detail]

Download: California-2013-AB1554-Amended.html

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BILL NUMBER: AB 1554	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 25, 2014
	AMENDED IN ASSEMBLY  MARCH 10, 2014

INTRODUCED BY   Assembly Member Skinner
   (Principal coauthor: Assembly Member Rodriguez)
   (Coauthors: Assembly Members Atkins and Eggman)
   (Coauthors: Senators Block and Corbett)

                        JANUARY 27, 2014

   An act to amend Sections 1569.35 and 1569.37 of  , and to
add Section 1569.25 to,  the Health and Safety Code,
relating to care facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1554, as amended, Skinner. Residential care facilities for the
elderly.
   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
and makes a violation of those provisions a crime. Existing law
authorizes a person to request an inspection of a facility by
transmitting notice of an alleged violation of law to the department.
Existing law requires the department to review a complaint and
conduct an onsite inspection within 10 days and requires the
department to provide the substance of the complaint to the licensee
no earlier than the time of the inspection.
   This bill would make various changes to this complaint procedure,
including prohibiting the department from giving a licensee advance
notice of an investigation regarding a complaint and requiring the
department to  make   conduct  an onsite
 inspection   investigation  within 24
hours of receiving a complaint  where  if 
the complaint alleges abuse, neglect, or a threat of imminent danger.
The bill would require the department to conduct investigations in
the manner required to ensure maximum effectiveness while respecting
the rights of residents and to complete an investigation  ,
except as specified,  within 90 days of receiving a complaint,
or within 30 days where the complaint alleges abuse, neglect, or a
threat of imminent danger. The bill would prohibit a licensee, or
officer or employee of the licensee, from interfering with or
obstructing an investigation  or onsite inspection 
conducted pursuant to these provisions and would require the
department to assess an immediate civil penalty of $1,000 per day per
violation for violations of that prohibition. Because a violation of
this prohibition would also be a crime, the bill would impose a
state-mandated local program. The bill would authorize a complainant
who is dissatisfied with the department's investigation, findings, or
enforcement to file an appeal, as specified, and would require the
department to inform the complainant of these appeal rights, as
specified. 
   The bill would also specify that the names of any persons
contained in the records of the department in connection with the
California Residential Care Facilities for the Elderly Act are exempt
from public disclosure, except for the names of the officers,
employees, or agents of the department conducting an investigation or
inspection in response to a complaint filed under the act. 

   Existing law prohibits a licensee from discriminating or
retaliating in any manner against a person receiving the services of
the licensee's residential care facility for the elderly, or against
an employee of the licensee's facility, on the basis, or for the
reason that, the person or employee or any other person has initiated
or participated in the filing of a complaint, grievance, or a
request for inspection with the department, or has initiated or
participated in the filing of a complaint, grievance, or request for
investigation with the appropriate local ombudsman, or with the state
ombudsman.
   This bill would require the department to ensure that a licensee
complies with that provision.
   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 1569.25 is added to the
Health and Safety Code, to read:
   1569.25.  The names of any persons contained in the records
received, owned, used, or retained by the department in connection
with the provisions of this chapter, except the names of duly
authorized officers, employees, or agents of the department
conducting an investigation or inspection in response to a complaint
filed pursuant to this chapter, shall be exempt from disclosure under
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code) and
copies of the records provided for public inspection shall have those
names deleted. 
   SEC. 2.   SECTION 1.   Section 1569.35
of the Health and Safety Code is amended to read:
   1569.35.  (a)  A person may request an investigation of a
residential care facility for the elderly in accordance with this
chapter by making a complaint to the department alleging a violation
of applicable requirements prescribed by statutes or regulations of
this state. A complaint may be made either  orally or
  orally,  in writing  , or electronically
 .
   (b) (1) Upon receipt of a complaint, the department shall make a
preliminary review. Within two working days of receiving the
complaint, the department shall notify the complainant of the name of
the officer, employee, or agent of the department who will conduct
the investigation. Unless the department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, it shall make an onsite  inspection
  investigation  within 10 days after receiving the
complaint.
   (2) Notwithstanding paragraph (1),  when   if
 a complaint alleges abuse, neglect, or a threat of imminent
danger of death or serious harm, the department shall  make
  conduct  an onsite  inspection 
 investigation  within 24 hours of the receipt of the
complaint.
   (3) Notwithstanding paragraph (1),  when a complaint
alleges   if a local long-term care ombudsman or the
State Long-Term Care Ombudsman files a complaint alleging 
denial of a statutory right of access to a residential care facility
for the elderly under Section 9722 of the Welfare and Institutions
Code, the department shall  immediately review the complaint,
  give priority to the complaint, as required pursuant
to Section 9721 of the Welfare and   Institutions Code, and
 confer with the Office of the State Long-Term Care 
Ombudsman, and notify the complainant of the department's proposed
course of action   Ombudsman in the investigation 
.
   (4) Prior to conducting an onsite  inspection 
 investigation  pursuant to this section, the officer,
employee, or agent of the department who will conduct the 
inspection   investigation  shall contact and
interview the complainant and inform the complainant of the
department's proposed course of action.
   (c) The department shall coordinate its investigation of a
residential care facility for the elderly under this section with the
investigation of the facility by other agencies, including, but not
limited to, the Office of the State Long-Term Care Ombudsman and law
enforcement agencies.  Nothing in this subdivision shall be
construed to limit the department's ability to temporarily suspend an
investigation if requested to do so by a law enforcement agency
because the investigation would adversely affect an active criminal
investigation. The department shall maintain written documentation of
the law enforcement request and continue to ensure the safety of all
residents. The department shall immediately resume any investigation
that is suspended pursuant to this subdivision upon consent of law
enforcement or completion of the criminal investigation. 
   (d) The department shall not give a licensee advance notice of an
investigation conducted pursuant to this section. The substance of
the complaint shall be provided to the licensee no earlier than at
the time of the onsite  inspection.  
investigation.  Unless the complainant specifically requests
that his or her own name is released, neither the substance of the
complaint provided to the licensee, nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of the complainant  or the
name of any person mentioned in the complaint  , except the
name of a duly authorized officer, employee, or agent of the
department conducting the investigation  or inspection
 pursuant to this chapter.
   (e) The department shall conduct investigations under this section
in the manner required to ensure maximum effectiveness while
respecting the rights of residents.
   (f) A licensee, or officer or employee of the licensee, shall not
interfere with or obstruct an investigation  or onsite
inspection  conducted pursuant to this section. The
department shall assess an immediate civil penalty of one thousand
dollars ($1,000) per day per violation for violations of this
subdivision. In addition to assessing that penalty, the department
may take any other enforcement actions authorized by this chapter for
violations of this subdivision.
   (g) When conducting an onsite  inspection  
investigation  pursuant to this section, the department shall
interview any residents who are the subject of the complaint.
Additionally, the officer, employee, or agent of the department
conducting the  inspection   investigation 
shall collect and evaluate all available evidence, including, but
not limited to, all of the following:
   (1) Observed conditions.
   (2) Statements of witnesses.
   (3) Interviews with administration, staff, other residents, family
members, visitors, the long-term care ombudsman, and other
individuals or agencies that provide services at the facility
 or   who may  have information about the
complaint.
   (4) Records from the facility and any other relevant sources.
   (h) The department shall complete its investigation within 90 days
of receiving the complaint. Investigation of a complaint alleging
abuse, neglect, or a threat of imminent danger of death or serious
harm shall be completed within 30 days of receiving the complaint.
 In cases in which the department has temporarily suspended an
investigation pursuant to subdivision (c), the department may extend
the investigation beyond the 90-day requirement and shall notify the
complainant within 48 hours that the investigation has been
temporarily suspended and why it has been temporarily suspended, and
provide an esti   mate of when the investigation will be
completed. 
   (i) Within 10 days of completing the investigation of a complaint
under this section, the department shall notify the complainant in
writing of the department's determination as a result of the
investigation and of the complainant's right to appeal the findings.
The written notice shall describe the appeal process provided for
under subdivision (j) and include a copy of any reports and documents
describing violations and enforcement actions resulting from the
investigation.
   (j) (1) A complainant who is dissatisfied with the department's
investigation, findings, or enforcement actions resulting from the
investigation may file an appeal by notifying the program manager of
the officer, employee, or agent of the department conducting the
 inspection   investigation  in writing
within 15 days after receiving the notice described in subdivision
(i). The program manager shall schedule a meeting or teleconference
with the complainant within 30 days of receiving an appeal. The
program manager shall carefully review the concerns, information, and
evidence presented by the complainant to determine whether the
department's findings or actions should be modified or whether
further investigation is necessary. Within 10 days after conducting
the meeting or teleconference with the complainant, the program
manager shall notify the complainant in writing of the department's
determinations and actions concerning the appeal and of the appeal
rights provided in paragraph (2).
   (2) If a complainant is dissatisfied with the program manager's
determination on an appeal, the complainant may, within 15 days after
receipt of this determination, file an appeal in writing with the
department's Deputy Director of the Community Care Licensing
Division. Within 30 days of receiving an appeal, the deputy director
or his or her designee shall interview the complainant, consider any
information presented or submitted by the complainant, and review the
complaint record to determine whether the department's findings or
actions should be modified or whether further investigation is
necessary. No later than 10 days after completing this review, the
deputy director shall notify the complainant in writing of the
department's determinations and actions concerning the appeal.
   (3) A complainant may be assisted or represented by any person of
his or her choice in the appeal process described in this
subdivision.
   SEC. 3.   SEC. 2.   Section 1569.37 of
the Health and Safety Code is amended to read:
   1569.37.  (a) No licensee, or officer or employee of the licensee,
shall discriminate or retaliate in any manner, including, but not
limited to, eviction or threat of eviction, against any person
receiving the services of the licensee's residential care facility
for the elderly, or against any employee of the licensee's facility,
on the basis, or for the reason that, the person or employee or any
other person has initiated or participated in the filing of a
complaint, grievance, or a request for investigation with the
department pursuant to this chapter, or has initiated or participated
in the filing of a complaint, grievance, or request for
investigation with the appropriate local ombudsman, or with the state
ombudsman recognized pursuant to Chapter 11 (commencing with Section
9700) of Division 8.5 of the Welfare and Institutions Code.
   (b) The department shall ensure that a licensee or officer or
employee of the licensee complies with subdivision (a). 
  SEC. 4.    The Legislature finds and declares that
Section 1 of this act, which adds Section 1569.25 to the Health and
Safety Code, imposes a limitation on the public's right of access to
the meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
   In order to protect the identity of individual residents and
employees of residential care facilities for the elderly, the
limitations on the public's right of access imposed by Section 1 of
this act are necessary. 
   SEC. 5.   SEC. 3.   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.