Bill Text: CA AB1911 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1911

CA State Legislature page for AB1911

Bill Title: Residential care facilities: complaints.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB1911 Detail]

Download: California-2023-AB1911-Amended.html

Amended IN Assembly May 16, 2024

Amended IN Assembly April 04, 2024

Amended IN Assembly March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1911

Introduced by Assembly Member Reyes

January 24, 2024

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

LEGISLATIVE COUNSEL'S DIGEST

AB 1911, as amended, Reyes. Residential care facilities: complaints.

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of residential care facilities for the elderly. Existing law authorizes any person to request an investigation of a residential care facility for the elderly by making a complaint to the department, as specified. Existing law requires the department to make a preliminary review, except as specified, and make an onsite inspection within 10 days of receiving the complaint unless the visit would adversely affect the investigation, as specified. Existing law requires the department, upon receipt of a complaint, to make a good faith effort to contact and interview the complainant of the department’s proposed course of action and relevant deadline for the department to complete the investigation. Existing law requires the department, within 10 days of completing that investigation, to notify the complainant of the department’s determination as a result of the investigation.

This bill would instead authorize any person to file a complaint with the department against a residential care facility for the elderly. The bill would require the department to conduct an onsite investigation within one business day of receipt of the complaint if the complaint involves a threat of imminent danger of death or serious harm. The bill would require the department to inform the complainant within 10 calendar days of receipt of the complaint if the department determines that an investigation is not warranted and the reason for that determination. The bill would require the department, prior to conducting an onsite investigation, to send a notification to the complainant notifying them of, among other things, the nature of the allegations to be investigated and the relevant deadline for the department to complete the investigation. The bill would require the department, for complaints received on or after July 1, 2025, to complete an investigation within 60 calendar days of receipt of a complaint, or within 30 calendar days if the complaint involved a threat of imminent danger or death or serious harm. received on or after July 1, 2025, to complete an investigation within a specified amount of time and would allow an extension of these time frames due to extenuating circumstances, as specified. The bill would require the department, when providing notification of the outcome of the investigation, to also provide notification of the right to seek an informal conference, and to provide a copy of any reports describing violations and enforcement actions resulting from the investigation, if applicable. The bill would authorize a complainant to appeal a determination made by the department, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1569.35 of the Health and Safety Code is amended to read:

1569.35.

(a) Any person may file a complaint with the department, orally or in writing, against a residential care facility for the elderly 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.

(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 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 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) (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 the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite investigation within 10 calendar 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.

(2) In any case in which the complaint involves a threat of imminent danger of death or serious harm, the department shall conduct an onsite investigation within one business day of the receipt of the complaint.

(3) The department shall notify the complainant, in writing, within 10 calendar days after receiving the complaint if the department determines an investigation is not warranted and the reason for the determination. The complainant has the right to seek review of that determination by the regional office manager, or their designee.

(4) 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 give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.

(5) Prior to conducting an onsite investigation pursuant to this section, the department shall send notification to the complainant, in writing, of the department’s complaint tracking number and proposed course of action, the name and contact information of the analyst who will conduct the investigation, the nature of the allegations to be investigated, and the relevant deadline for the department to complete its investigation. Prior to conducting its onsite investigation, the department shall also make good faith efforts, documented in writing, to contact and interview the complainant and inform the complainant of the department’s proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant. After the department’s initial onsite investigation, it may perform subsequent elements of its investigation via telephone or video conference.

(d) (1) (A) For a complaint that ~~is received on or after July 1, 2025, the department shall complete an investigation of the complaint within 60 calendar days of receipt of the complaint. If the complaint~~involves a threat of imminent danger of death or serious ~~harm,~~ harm, that is received on or after July 1, 2025, the department shall complete an investigation of the complaint within 30 90 calendar days of receipt of the complaint.

~~(2)~~

(B) The time period described in ~~paragraph (1)~~ subparagraph (A) may be extended up to an additional 60 calendar days if the investigation cannot be completed due to ~~good cause.~~ extenuating circumstances. The department shall document these circumstances in its final determination and notify the facility and the complainant in writing of the basis for the extension and the estimated completion date.

(2) (A) For a complaint that does not involve a threat of imminent danger of death or serious bodily harm pursuant to paragraph (1) and that is received on or after July 1, 2026, and prior to July 1, 2027, the department shall complete an investigation of the complaint within 90 calendar days of receipt of the complaint.
(B) The time period described in subparagraph (A) may be extended up to an additional 90 calendar days if the investigation cannot be completed due to extenuating circumstances.
(3) (A) For a complaint that is received on or after July 1, 2027, the state department shall complete an investigation of the complaint within 60 calendar days of receipt of the complaint.
(B) The time period described in subparagraph (A) may be extended up to an additional 60 calendar days if the investigation cannot be completed due to extenuating circumstances.

(e) When conducting a complaint investigation, the department shall interview any residents who are the subject of the complaint.

(f) Within 10 business 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, the complainant’s right to seek an informal conference, and the process for seeking an informal conference. The department shall provide the complainant a copy of any reports describing violations and enforcement actions resulting from the investigation, if applicable, with the notification.

(g) (1) A complainant who is dissatisfied with the department’s determination may, within 30 calendar days after receipt of the notice, notify the regional office manager in writing of their request for an informal conference. The informal conference shall be held with the regional office manager or their designee within 30 calendar days of the receipt of the request. During the informal conference, the department shall summarize to the complainant all of the evidence and information it reviewed pursuant to its investigation. The regional office manager shall notify the complainant, in writing, of their determination within 10 business days after the informal conference and shall apprise the complainant and licensee, in writing, of the right to a review by the deputy director.

(2) If the complainant is dissatisfied with the determination of the regional office manager, the complainant may, within 30 calendar days after receipt of this determination, notify in writing the deputy director, who shall review the facts that led to both determinations, within 30 calendar days of the receipt of the notice. As part of their investigation, the deputy director or their designee shall interview the complainant. Based upon this review, the deputy director shall make their own determination and notify the complainant, in writing, of their determination and reasons therefor, within 30 calendar days after receipt of the request for review.

(3) A complainant may be assisted or represented by any person of their choice in the appeal process described in this subdivision.