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

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-Introduced.html

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BILL NUMBER: AB 1554	INTRODUCED
	BILL TEXT


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

                        JANUARY 27, 2014

   An act to amend Sections 1418.21, 1422.5, 1424, 1429, 1439,
1569.35, and 1569.37 of, and to add Section 1569.25 to, the Health
and Safety Code, relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1554, as introduced, Skinner. Long-term care facilities:
residential care facilities for the elderly.
   Existing law, the Long-Term Care, Health, Safety, and Security Act
of 1973, establishes an inspection and reporting system and a
provisional licensing mechanism, administered by the State Department
of Public Health, to ensure that long-term health care facilities,
as defined, are in compliance with state statutes, regulations, and
federal standards pertaining to patient care. The act requires
facilities to make certain information available to the public and
specifies that records held by the department in connection with the
act are public records. The Lanterman-Petris Short Act and the
Lanterman Developmental Disabilities Services Act make confidential
all records and information obtained in the course of providing
intake, assessment, and services to persons with developmental
disabilities and to voluntary or involuntary recipients of services.
   This bill would specify that certain disclosure provisions of the
Long-Term Care, Health, Safety, and Security Act of 1973 apply
notwithstanding the confidentiality provisions of the
Lanterman-Petris Short Act and the Lanterman Developmental
Disabilities Services Act.
   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 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 disclosing the substance of
the complaint to the licensee until the investigation is completed
and requiring the department to make an onsite inspection within 24
hours of receiving a complaint where the complaint alleges abuse,
neglect, or a threat of imminent danger. The bill would require the
department to complete its investigation 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 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.
   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 1418.21 of the Health and Safety Code is
amended to read:
   1418.21.  (a)  A   Notwithstanding Sections
4514 and 5328 of the Welfare and Institutions Code, or any other
provision of law, a  skilled nursing facility that has been
certified for purposes of Medicare or Medicaid shall post the overall
facility rating information determined by the federal Centers for
Medicare and Medicaid Services (CMS) in accordance with the following
requirements:
   (1) The information shall be posted in at least the following
locations in the facility:
   (A) An area accessible and visible to members of the public.
   (B) An area used for employee breaks.
   (C) An area used by residents for communal functions, such as
dining, resident council meetings, or activities.
   (2) The information shall be posted on white or light-colored
paper that includes all of the following, in the following order:
   (A) The full name of the facility, in a clear and easily readable
font of at least 28 point.
   (B) The full address of the facility in a clear and easily
readable font of at least 20 point.
   (C) The most recent overall star rating given by CMS to that
facility, except that a facility shall have seven business days from
the date when it receives a different rating from CMS to include the
updated rating in the posting. The star rating shall be aligned in
the center of the page. The star rating shall be expressed as the
number that reflects the number of stars given to the facility by
CMS. The number shall be in a clear and easily readable font of at
least two inches print.
   (D) Directly below the star symbols shall be the following text in
a clear and easily readable font of at least 28 point:
   "The above number is out of 5 stars."
   (E) Directly below the text described in subparagraph (D) shall be
the following text in a clear and easily readable font of at least
14 point:
   "This facility is reviewed annually and has been licensed by the
State of California and certified by the federal Centers for Medicare
and Medicaid Services (CMS). CMS rates facilities that are certified
to accept Medicare or Medicaid. CMS gave the above rating to this
facility. A detailed explanation of this rating is maintained at this
facility and will be made available upon request. This information
can also be accessed online at the Nursing Home Compare Internet Web
site at http://www.medicare.gov/NHcompare. Like any information, the
Five-Star Quality Rating System has strengths and limits. The
criteria upon which the rating is determined may not represent all of
the aspects of care that may be important to you. You are encouraged
to discuss the rating with facility staff. The Five-Star Quality
Rating System was created to help consumers, their families, and
caregivers compare nursing homes more easily and help identify areas
about which you may want to ask questions. Nursing home ratings are
assigned based on ratings given to health inspections, staffing, and
quality measures. Some areas are assigned a greater weight than other
areas. These ratings are combined to calculate the overall rating
posted here."
   (F) Directly below the text described in subparagraph (E), the
following text shall appear in a clear and easily readable font of at
least 14 point:


   "State licensing information on skilled nursing facilities is
available on the State Department of Public Health's Internet Web
site at: www.cdph.ca.gov, under Programs, Licensing and
Certification, Health Facilities Consumer Information System."


   (3) For the purposes of this section, "a detailed explanation of
this rating" shall include, but shall not be limited to, a printout
of the information explaining the Five-Star Quality Rating System
that is available on the CMS Nursing Home Compare Internet Web site.
This information shall be maintained at the facility and shall be
made available upon request.
   (4) The requirements of this section shall be in addition to any
other posting or inspection report availability requirements.
   (b) Violation of this section shall constitute a class B
violation, as defined in subdivision (e) of Section 1424 and,
notwithstanding Section 1290, shall not constitute a crime. Fines
from a violation of this section shall be deposited into the State
Health Facilities Citation Penalties Account, created pursuant to
Section 1417.2.
   (c) This section shall be operative on January 1, 2011.
  SEC. 2.  Section 1422.5 of the Health and Safety Code is amended to
read:
   1422.5.  (a) The department shall develop and establish a consumer
information service system to provide updated and accurate
information to the general public and consumers regarding long-term
care facilities in their communities. The consumer information
service system shall include, but need not be limited to, all of the
following elements:
   (1) An on-line inquiry system accessible through a statewide
toll-free telephone number and the Internet.
   (2) Long-term health care facility profiles, with data on services
provided, a history of all citations and complaints for the last two
full survey cycles, and ownership information. The profile for each
facility shall include, but not be limited to, all of the following:
   (A) The name, address, and telephone number of the facility.
   (B) The number of units or beds in the facility.
   (C) Whether the facility accepts Medicare or Medi-Cal patients.
   (D) Whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias, and whether the
facility participates in the voluntary disclosure program for special
care units.
   (E) Whether the facility is a for-profit or not-for-profit
provider.
   (3) Information regarding substantiated complaints shall include
the action taken and the date of action.
   (4) Information regarding the state citations assessed shall
include the status of the state citation, including the facility's
plan or correction, and information as to whether an appeal has been
filed.
   (5) Any appeal resolution pertaining to a citation or complaint
shall be updated on the file in a timely manner.
   (b) Where feasible, the department shall interface the consumer
information service system with its Automated Certification and
Licensure Information Management System.
   (c) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to subdivision (a),
maximize the use of available federal funds.
   (d) (1) Notwithstanding the consumer information service system
established pursuant to subdivision (a), by January 1, 2002, the
state department shall develop a method whereby information is
provided to the public and consumers on long-term health care
facilities. The information provided shall include, but not be
limited to, all of the following elements:
   (A) Substantiated complaints, including the action taken and the
date of the action.
   (B) State citations assessed, including the status of any citation
and whether an appeal has been filed.
   (C) State actions, including license suspensions, revocations, and
receiverships.
   (D) Federal enforcement sanctions imposed, including any denial of
payment, temporary management, termination, or civil money penalty
of five hundred dollars ($500) or more.
   (E) Any information or data beneficial to the public and
consumers.
   (2) This subdivision shall become inoperative on July 1, 2003.
   (e) 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. 
   (f) The provisions of this section shall apply notwithstanding
Sections 4514 and 5328 of the Welfare and Institutions Code or any
other provision of law. 
  SEC. 3.  Section 1424 of the Health and Safety Code is amended to
read:
   1424.  Citations issued pursuant to this chapter shall be
classified according to the nature of the violation and shall
indicate the classification on the face thereof.
   (a) In determining the amount of the civil penalty, all relevant
facts shall be considered, including, but not limited to, the
following:
   (1) The probability and severity of the risk that the violation
presents to the patient's or resident's mental and physical
condition.
   (2) The patient's or resident's medical condition.
   (3) The patient's or resident's mental condition and his or her
history of mental disability or disorder.
   (4) The good faith efforts exercised by the facility to prevent
the violation from occurring.
   (5) The licensee's history of compliance with regulations.
   (b)  Relevant   Notwithstanding Sections 4514
and 5328 of the Welfare and Institutions Code, or any other
provision of law, relevant  facts considered by the department
in determining the amount of the civil penalty shall be documented by
the department on an attachment to the citation and available in the
public record. This requirement shall not preclude the department or
a facility from introducing facts not listed on the citation to
support or challenge the amount of the civil penalty in any
proceeding set forth in Section 1428.
   (c) Class "AA" violations are violations that meet the criteria
for a class "A" violation and that the state department determines to
have been a direct proximate cause of death of a patient or resident
of a long-term health care facility. Except as provided in Section
1424.5, a class "AA" citation is subject to a civil penalty in the
amount of not less than five thousand dollars ($5,000) and not
exceeding twenty-five thousand dollars ($25,000) for each citation.
In any action to enforce a citation issued under this subdivision,
the state department shall prove all of the following:
   (1) The violation was a direct proximate cause of death of a
patient or resident.
   (2) The death resulted from an occurrence of a nature that the
regulation was designed to prevent.
   (3) The patient or resident suffering the death was among the
class of persons for whose protection the regulation was adopted.
   If the state department meets this burden of proof, the licensee
shall have the burden of proving that the licensee did what might
reasonably be expected of a long-term health care facility licensee,
acting under similar circumstances, to comply with the regulation. If
the licensee sustains this burden, then the citation shall be
dismissed.
   Except as provided in Section 1424.5, for each class "AA" citation
within a 12-month period that has become final, the state department
shall consider the suspension or revocation of the facility's
license in accordance with Section 1294. For a third or subsequent
class "AA" citation in a facility within that 12-month period that
has been sustained, the state department shall commence action to
suspend or revoke the facility's license in accordance with Section
1294.
   (d) Class "A" violations are violations which the state department
determines present either (1) imminent danger that death or serious
harm to the patients or residents of the long-term health care
facility would result therefrom, or (2) substantial probability that
death or serious physical harm to patients or residents of the
long-term health care facility would result therefrom. A physical
condition or one or more practices, means, methods, or operations in
use in a long-term health care facility may constitute a class "A"
violation. The condition or practice constituting a class "A"
violation shall be abated or eliminated immediately, unless a fixed
period of time, as determined by the state department, is required
for correction. Except as provided in Section 1424.5, a class "A"
citation is subject to a civil penalty in an amount not less than one
thousand dollars ($1,000) and not exceeding ten thousand dollars
($10,000) for each and every citation.
   If the state department establishes that a violation occurred, the
licensee shall have the burden of proving that the licensee did what
might reasonably be expected of a long-term health care facility
licensee, acting under similar circumstances, to comply with the
regulation. If the licensee sustains this burden, then the citation
shall be dismissed.
   (e) Except as provided in paragraph (4) of subdivision (a) of
Section 1424.5, class "B" violations are violations that the state
department determines have a direct or immediate relationship to the
health, safety, or security of long-term health care facility
patients or residents, other than class "AA" or "A" violations.
Unless otherwise determined by the state department to be a class "A"
violation pursuant to this chapter and rules and regulations adopted
pursuant thereto, any violation of a patient's rights as set forth
in Sections 72527 and 73523 of Title 22 of the California Code of
Regulations, that is determined by the state department to cause or
under circumstances likely to cause significant humiliation,
indignity, anxiety, or other emotional trauma to a patient is a class
"B" violation. A class "B" citation is subject to a civil penalty in
an amount not less than one hundred dollars ($100) and not exceeding
one thousand dollars ($1,000) for each and every citation. A class
"B" citation shall specify the time within which the violation is
required to be corrected. If the state department establishes that a
violation occurred, the licensee shall have the burden of proving
that the licensee did what might reasonably be expected of a
long-term health care facility licensee, acting under similar
circumstances, to comply with the regulation. If the licensee
sustains this burden, then the citation shall be dismissed.
   In the event of any citation under this paragraph, if the state
department establishes that a violation occurred, the licensee shall
have the burden of proving that the licensee did what might
reasonably be expected of a long-term health care facility licensee,
acting under similar circumstances, to comply with the regulation. If
the licensee sustains this burden, then the citation shall be
dismissed.
   (f) (1) Any willful material falsification or willful material
omission in the health record of a patient of a long-term health care
facility is a violation.
   (2) "Willful material falsification," as used in this section,
means any entry in the patient health care record pertaining to the
administration of medication, or treatments ordered for the patient,
or pertaining to services for the prevention or treatment of
decubitus ulcers or contractures, or pertaining to tests and
measurements of vital signs, or notations of input and output of
fluids, that was made with the knowledge that the records falsely
reflect the condition of the resident or the care or services
provided.
   (3) "Willful material omission," as used in this section, means
the willful failure to record any untoward event that has affected
the health, safety, or security of the specific patient, and that was
omitted with the knowledge that the records falsely reflect the
condition of the resident or the care or services provided.
   (g) Except as provided in subdivision (a) of Section 1424.5, a
violation of subdivision (f) may result in a civil penalty not to
exceed ten thousand dollars ($10,000), as specified in paragraphs (1)
to (3), inclusive.
   (1) The willful material falsification or willful material
omission is subject to a civil penalty of not less than two thousand
five hundred dollars ($2,500) or more than ten thousand dollars
($10,000) in instances where the health care record is relied upon by
a health care professional to the detriment of a patient by
affecting the administration of medications or treatments, the
issuance of orders, or the development of plans of care. In all other
cases, violations of this subdivision are subject to a civil penalty
not exceeding two thousand five hundred dollars ($2,500).
   (2) Where the penalty assessed is one thousand dollars ($1,000) or
less, the violation shall be issued and enforced, except as provided
in this subdivision, in the same manner as a class "B" violation,
and shall include the right of appeal as specified in Section 1428.
Where the assessed penalty is in excess of one thousand dollars
($1,000), or for skilled nursing facilities or intermediate care
facilities as specified in paragraphs (1) and (2) of subdivision (a)
of Section 1418, in excess of two thousand dollars ($2,000), the
violation shall be issued and enforced, except as provided in this
subdivision, in the same manner as a class "A" violation, and shall
include the right of appeal as specified in Section 1428.
   Nothing in this section shall be construed as a change in previous
law enacted by Chapter 11 of the Statutes of 1985 relative to this
paragraph, but merely as a clarification of existing law.
   (3) Nothing in this subdivision shall preclude the state
department from issuing a class "A" or class "B" citation for any
violation that meets the requirements for that citation, regardless
of whether the violation also constitutes a violation of this
subdivision. However, no single act, omission, or occurrence may be
cited both as a class "A" or class "B" violation and as a violation
of this subdivision.
   (h) Where the licensee has failed to post the notices as required
by Section 9718 of the Welfare and Institutions Code in the manner
required under Section 1422.6, the state department shall assess the
licensee a civil penalty in the amount of one hundred dollars ($100)
for each day the failure to post the notices continues. Where the
total penalty assessed is less than two thousand dollars ($2,000),
the violation shall be issued and enforced in the same manner as a
class "B" violation, and shall include the right of appeal as
specified in Section 1428. Where the assessed penalty is equal to or
in excess of two thousand dollars ($2,000), the violation shall be
issued and enforced in the same manner as a class "A" violation and
shall include the right of appeal as specified in Section 1428. Any
fines collected pursuant to this subdivision shall be used to fund
the costs incurred by the California Department of Aging in producing
and posting the posters.
   (i) The director shall prescribe procedures for the issuance of a
notice of violation with respect to violations having only a minimal
relationship to patient safety or health.
   (j) The department shall provide a copy of all citations issued
under this section to the affected residents whose treatment was the
basis for the issuance of the citation, to the affected residents'
designated family member or representative of each of the residents,
and to the complainant if the citation was issued as a result of a
complaint.
   (k) Nothing in this section is intended to change existing
statutory or regulatory requirements governing the ability of a
licensee to contest a citation pursuant to Section 1428.
   (l) The department shall ensure that district office activities
performed under Sections 1419 to 1424, inclusive, are consistent with
the requirements of these sections and all applicable laws and
regulations. To ensure the integrity of these activities, the
department shall establish a statewide process for the collection of
postsurvey evaluations from affected facilities.
  SEC. 4.  Section 1429 of the Health and Safety Code is amended to
read:
   1429.  (a)  Each   Notwithstanding Sections
4514 and 5328 of the Welfare and Institutions Code, or any other
provision of law, each  class "AA" and class "A" citation
specified in subdivisions (c) and (d) of Section 1424 that is issued,
or a copy or copies thereof, shall be prominently posted for 120
days. The citation or copy shall be posted in a place or places in
plain view of the patients or residents in the long-term health care
facility, persons visiting those patients or residents, and persons
who inquire about placement in the facility.
   (1) The citation shall be posted in at least the following
locations in the facility:
   (A) An area accessible and visible to members of the public.
   (B) An area used for employee breaks.
   (C) An area used by residents for communal functions, such as
dining, resident council meetings, or activities.
   (2) The citation, along with a cover sheet, shall be posted on a
white or light-colored sheet of paper, at least 81/2 by 11 inches in
size, that includes all of the following information:
   (A) The full name of the facility, in a clear and easily readable
font in at least 28-point type.
   (B) The full address of the facility, in a clear and easily
readable font in at least 20-point type.
   (C) Whether the citation is class "AA" or class "A."
   (3) The facility may post the plan of correction.
   (4) The facility may post a statement disputing the citation or a
statement showing the appeal status, or both.
   (5) The facility may remove and discontinue the posting required
by this section if the citation is withdrawn or dismissed by the
department.
   (b) Each class "B" citation specified in subdivision (e) of
Section 1424 that is issued pursuant to this section and that has
become final, or a copy or copies thereof, shall be retained by the
licensee at the facility cited until the violation is corrected to
the satisfaction of the department.  Each  
Notwithstanding Sections 4514 and 5328 of the Welfare and
Institutions Code, or any other provision of law, each  citation
shall be made promptly available by the licensee for inspection or
examination by any member of the public who so requests. In addition,
every licensee shall post in a place or places in plain view of the
patient or resident in the long-term health care facility, persons
visiting those patients or residents, and persons who inquire about
placement in the facility, a prominent notice informing those persons
that copies of all final uncorrected citations issued by the
department to the facility will be made promptly available by the
licensee for inspection by any person who so requests.
   (c) A violation of this section shall constitute a class "B"
violation, and shall be subject to a civil penalty in the amount of
one thousand dollars ($1,000), as provided in subdivision (e) of
Section 1424. Notwithstanding Section 1290, a violation of this
section shall not constitute a crime. Fines imposed pursuant to this
section shall be deposited into the State Health Facilities Citation
Penalties Account, created pursuant to Section 1417.2.
  SEC. 5.  Section 1439 of the Health and Safety Code is amended to
read:
   1439.   Any   Notwithstanding Sections 4514
and 5328 of the Welfare and Institutions Code, or any other provision
of law, any  writing received, owned, used, or retained by the
state department in connection with the provisions of this chapter is
a public record within the meaning of subdivision (d) of Section
6252 of the Government Code, and, as such, is open to public
inspection pursuant to the provision of Sections 6253, 6256, 6257,
and 6258 of the Government Code. However, the names of any persons
contained in such records, except the names of duly authorized
officers, employees, or agents of the state department conducting an
investigation or inspection in response to a complaint filed pursuant
to this chapter, shall not be open to public inspection and copies
of such records provided for public inspection shall have such names
deleted.
  SEC. 6.  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. 7.  Section 1569.35 of the Health and Safety Code is amended
to read:
   1569.35.  (a)   Any   A   
person may request an  inspection  
investigation  of  any   a 
residential care facility for the elderly in accordance with this
chapter by  transmitting to the department notice of an
alleged   making a complaint to the department alleging
a  violation of applicable requirements prescribed by statutes
or regulations of this state  , including, but not limited
to, a denial of access of any person authorized to enter the facility
pursuant to Section 9722 of the Welfare and Institutions Code
 . A complaint may be made either orally or in writing.

   (b)  The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided 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 any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.  
   (c) 
    (b)     (1)    Upon receipt
of a complaint,  other than a complaint alleging denial of a
statutory right of access to a residential care facility for the
elderly,  the department shall make a preliminary 
review and, unless   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 within 10 days after receiving the complaint 
except where the visit would adversely affect the licensing
investigation or the investigation of other agencies, including, but
not limited to, law enforcement agencies. In either event, the
complainant shall be promptly informed of the department's proposed
course of action  . 
   (2) Notwithstanding paragraph (1), when a complaint alleges abuse,
neglect, or a threat of imminent danger of death or serious harm,
                                         the department shall make an
onsite inspection within 24 hours of the receipt of the complaint.
 
   (3) Notwithstanding paragraph (1), when a complaint alleges 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, confer with
the Office of the State Long-Term Care Ombudsman, and notify the
complainant of the department's proposed course of action.  

   (4) Prior to conducting an onsite inspection pursuant to this
section, the officer, employee, or agent of the department who will
conduct the inspection 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.  
   (d) The substance of the complaint shall not be disclosed to the
licensee until the completion of the 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) When conducting an onsite inspection 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 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 have
information about the complaint.  
   (4) Records from the facility and any other relevant sources.
 
   (f) 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.
 
   (g) 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 (i) and include a copy of any reports and documents
describing violations and enforcement actions resulting from the
investigation.  
   (h) (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 in writing within 15 days after receiving the notice
described in subdivision (g). 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.  
   (d)  Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility for the elderly, the
department shall review the complaint. The complainant shall be
notified promptly of the department's proposed course of action.

  SEC. 8.  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 
inspection   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. 9.  The Legislature finds and declares that Section 6 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 6 of
this act are necessary.