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  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  disclosing the
substance of the complaint to the licensee until the investigation is
completed   giving a licensee advance notice of an
investigation regarding a complaint  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 
conduct investigations in the manner required to ensure maximum
effectiveness while respecting the rights of residents and to 
complete  its   an  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 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:  no   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 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 in writing.
   (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 within 10
days after receiving the complaint.
   (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  department shall not give a licensee advance notice
of an investigation   conducted pursuant to this section.
The  substance of the complaint shall  not be disclosed
  be provided  to the licensee  until the
completion of the investigation   no earlier than at the
time of the onsite inspection  . 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.  
   (e) 
    (g)  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) 
    (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. 
   (g) 
    (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  (h)   (j) 
and include a copy of any reports and documents describing violations
and enforcement actions resulting from the investigation. 
   (h) 
    (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 in writing within 15 days after receiving
the notice described in subdivision  (g)   (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.  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.    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.