Bill Text: CA AB1899 | 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 1-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 700, Statutes of 2014. [AB1899 Detail]

Download: California-2013-AB1899-Amended.html

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BILL NUMBER: AB 1899	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2014

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 19, 2014

   An act to amend  Section 1520   Sections
1569.19, 1569.35, and 1569.50  of, and to add Section 
1538.4   1569.346  to, the Health and Safety Code,
relating to residential care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1899, as amended, Brown. Residential care facilities for the
 elderly: quality of care.   elderly. 
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly by the State Department of Social
Services.  A violation of these provisions is punishable as a
misdemeanor. 
   Existing law sets forth the qualifications of a licensee  and
requires a license to be forfeited by operation of law when the
licensee abandons the facility. Existing law also authorizes the
department to suspend or revoke a license upon specified grounds,
including conduct inimical to the health, morals, welfare, or safety
of an individual in or receiving services from a facility. Existing
law authorizes a   person whose license has been revoked to
petition the department for reinstatement of the license after one
year has elapsed since the revocation  .
   This bill would make a person  who has had his or her
previous  whose  license  is  revoked 
or forfeited  for abandonment of the facility ineligible for
 licensure   reinstatement of the license 
for a period of 10 years following the revocation  or forfeiture
 .  Because a violation of this provision could be a
crime, the bill would impose a state-mandated local program.
 
   This 
    The  bill would  also  require the Director of
Social Services to establish and maintain a telephone hotline and an
Internet Web site dedicated for the purpose of receiving complaints
regarding  community care facilities  
residential care facilities for the elderly . The bill would
require the Internet Web site to include a listing, available to the
public, of all final actions resulting in citation, suspension, or
revocation taken against each licensee. 
   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   no  .


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

   SECTION 1.    Section 1569.19 of the  
Health and Safety Code   is amended to read: 
   1569.19.  A license shall be forfeited by operation of law prior
to its expiration date when one of the following occurs:
   (a) The licensee sells or otherwise transfers the facility or
facility property, except when change of ownership applies to
transferring of stock when the facility is owned by a corporation and
when the transfer of stock does not constitute a majority change in
ownership. The sale of a facility shall be subject to the
requirements of this chapter.
   (b) The licensee surrenders the license to the department.
   (c) The licensee moves a facility from one location to another.
The department shall develop regulations to ensure that the
facilities are not charged a full licensing fee and do not have to
complete the entire application process when applying for a license
for the new location.
   (d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
   (e) The licensee dies. When a licensee dies, the continued
operation shall be subject to the requirements of Section 1569.193.
   (f) The licensee abandons the facility.  A license forfeited
pursuant to this subdivision shall not be eligible for reinstatement
on or after January 1, 2015, until 10   years have elapsed
since the forfeiture. 
   SEC. 2.    Section 1569.346 is added to the 
 Health and Safety Code   , to read:  
   1569.346.  (a) The director shall establish and maintain a
telephone hotline and an Internet Web site dedicated for the purpose
of receiving complaints from members of the public regarding
residential care facilities for the elderly.
   (b) The Internet Web site established under subdivision (a) shall
also include a listing, available to the public, of all final actions
resulting in citation, suspension, or revocation taken against each
licensee, listed both by the licensee's name and by the facility's
name. The actions shall be listed in a manner that protects the
privacy of the residents and the confidentiality of resident
information. 
   SEC. 3.    Section 1569.35 of the   Health
and Safety Code   is amended to read: 
   1569.35.  (a) Any person may request an inspection of any
residential care facility for the elderly in accordance with this
chapter by transmitting to the department notice of an alleged
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  , including through the
telephone hotline and Internet Web site established under Section
1569.346  .
   (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) 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 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.
   (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. 4.    Sect   ion 1569.50 of the 
 Health and Safety Code  is amended to read: 
   1569.50.   (a)    The department may deny an
application for a license or may suspend or revoke  any
  a  license issued under this chapter upon any of
the following grounds and in the manner provided in this chapter:

   (a) 
    (1)  Violation by the licensee of this chapter or of the
rules and regulations adopted under this chapter. 
   (b) 
    (2)  Aiding, abetting, or permitting the violation of
this chapter or of the rules and regulations adopted under this
chapter. 
   (c) 
    (3)  Conduct  which   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 of California. 
   (d) 
    (4)  The conviction of a licensee, or other person
mentioned in Section 1569.17 at any time before or during licensure,
of a crime as defined in Section 1569.17. 
   (e) 
    (5)  Engaging in acts of financial malfeasance
concerning the operation of a facility, including, but not limited
to, improper use or embezzlement of client moneys and property or
fraudulent appropriation for personal gain of facility moneys and
property, or willful or negligent failure to provide services for the
care of clients. 
   The 
    (b)    The  director may temporarily
suspend  any   a  license, prior to
 any   a  hearing when, in the opinion of
the director, the action is necessary to protect residents or clients
of the facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible but not later than 30 days after receipt of the notice. The
temporary suspension shall remain in effect until the time the
hearing is completed and the director has made a final determination
on the merits. However, the temporary suspension shall be deemed
vacated if the director fails to make a final determination on the
merits within 30 days after the original hearing has been completed.

   (c) A license that is revoked pursuant to this section due to the
licensee's abandonment of the facility shall not be eligible for
reinstatement on or after January 1, 2015, until 10 years have
elapsed since the revocation.  
  SECTION 1.    Section 1520 of the Health and
Safety Code is amended to read:
   1520.  Any person desiring issuance of a license for a community
care facility or a special permit for specialized services under this
chapter shall file with the department, pursuant to regulations, an
application on forms furnished by the department, which shall
include, but not be limited to:
   (a)  Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
promulgated under this chapter by the department.
   (b)  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 1522, employment history, and character references. If the
applicant is a firm, association, organization, partnership, business
trust, corporation, or company, like evidence shall be submitted as
to the members or shareholders thereof, and the person in charge of
the community care facility for which application for issuance of
license or special permit is made.
   (c)  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.
   (d)  Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any community care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200) or
Chapter 2 (commencing with Section 1250).
   (e)  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 subdivision (d). A
person who has had his or her previous license revoked for
abandonment of the facility shall be ineligible for licensure for a
period of 10 years following the revocation.
   (f)  A signed statement that the person desiring issuance of a
license or special permit has read and understood the community care
facility licensure statute and regulations that pertain to the
applicant's category of licensure.
   (g)  Any other information that may be required by the department
for the proper administration and enforcement of this chapter.
   (h)  In implementing this section, the department shall give due
consideration to the functions of each separate licensing category.
   (i)  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 regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.  
  SEC. 2.    Section 1538.4 is added to the Health
and Safety Code, to read:
   1538.4.  (a) The director shall establish and maintain a telephone
hotline and an Internet Web site dedicated for the purpose of
receiving complaints from members of the public regarding community
care facilities.
   (b) The Internet Web site shall also include a listing, available
to the public, of all final actions resulting in citation,
suspension, or revocation taken against each licensee, aggregated
both by the licensee's name and by the facility's name. The actions
shall be listed in a manner that protects the privacy of the
residents and the confidentiality of resident information. 

  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.