Bill Text: CA AB2044 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 701, Statutes of 2014. [AB2044 Detail]
Download: California-2013-AB2044-Amended.html
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 701, Statutes of 2014. [AB2044 Detail]
Download: California-2013-AB2044-Amended.html
BILL NUMBER: AB 2044 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 1, 2014 INTRODUCED BY Assembly Member Rodriguez FEBRUARY 20, 2014 An act to amendSections 1569.33, 1569.35, 1569.618, and 1569.625ofSection 1569.618 of, and to add Section 1569.629 to, the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 2044, as amended, Rodriguez. Residential care facilities for the elderly. Existing law 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 a misdemeanor.Existing law requires, unless otherwise specified, licensed residential care facilities for the elderly to be subject to unannounced visits by the department as often as necessary to ensure the quality of care provided, but no less often than once every 5 years.This bill would, instead, require every licensed residential care facility to be subject to an annual unannounced visit by the department, as prescribed, and would require the department to conduct more frequent unannounced visits under specified circumstances.Existing law authorizes a person to request an inspection of a residential care facility for the elderly for an alleged violation of law or regulations, and requires, with some exceptions, the department to make an onsite inspection within 10 days after receiving the complaint. Existing law requires the department to promptly inform the complainant of the department's proposed course of action.This bill would, instead, require the department to make an onsite inspection within 3 days after receiving the complaint if the complaint involves alleged abuse or serious neglect, or within 10 days after receiving the complaint for all other complaints. The bill would require the department to complete the investigation within 30 days and to promptly inform the complainant in writing of the department's findings and proposed course of action. The bill would provide a complainant who is dissatisfied with the department's findings or proposed action regarding a matter that would pose a threat to the health, safety, security, welfare, or rights of a resident with the right to request an informal conference and subsequent appeal, as prescribed.Existing law requires the administrator designated by the licensee to be present at the facility during normal working hours and requires a facility manager, as defined, to be responsible for the operation of the facility when the administrator is temporarily absent from the facility. This bill would require that at least one administrator, facility manager, or other person designated by the administrator who is at least 21 years of age be on the premises of the facility 24 hours per day and would require a minimum of one staff member who assists residents with personal activities of daily living per 16 residents be on the premises 24 hours per day. The bill would also require the facility to employ, and the administrator to schedule, a sufficient number of staff members, as prescribed. Existing law requires the department to adopt regulations to require staff members who assist residents with personal activities of daily living to receive appropriate training, which consists of 10 hours of training within the first 4 weeks and 4 hours annually thereafter.This bill would, instead, require the staff members to receive, at a minimum, 10 hours of training within certain timeframes, and 6 hours annually of continuing education, as prescribed.This bill would require that this training also include specified topics, including, among others, building and fire safety and the appropriate response to emergencies, abuse, neglect, and financial exploitation prevention, and reporting requirements. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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 1569.33 of the Health and Safety Code is amended to read: 1569.33. (a) Every licensed residential care facility for the elderly shall be subject to an annual unannounced visit by the department. The department shall visit these facilities as often as necessary to ensure the quality of care provided. (b) The department shall conduct more frequent unannounced visits of a facility under any of the following circumstances: (1) When a license is on probation. (2) When the terms of agreement in a facility compliance plan require more frequent unannounced visits. (3) When an accusation against a licensee is pending. (4) When a facility requires more frequent unannounced visits as a condition of receiving federal financial participation. (5) When the facility has a record of frequent complaints indicating a pattern of inadequate care. (6) In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility. (c) The department shall notify the residential care facility for the elderly in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility. (d) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection. (e) As a part of the department's evaluation process, the department shall review the plan of operation, training logs, and marketing materials of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with Sections 1569.626 and 1569.627.SEC. 2.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. (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 3 days after receiving the complaint if the complaint involves alleged abuse or serious neglect, or within 10 days after receiving the complaint for all other complaints, except when the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. The department shall complete the investigation within 30 days and shall promptly inform the complainant in writing of the department's findings and 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. (e) (1) Upon being notified of the department's findings or proposed course of action as a result of the investigation conducted pursuant to subdivision (c), a complainant who is dissatisfied with the department's determination, regarding a matter that would pose a threat to the health, safety, security, welfare, or rights of a resident, shall be notified by the department of the right to an informal conference, as set forth in this subdivision. The complainant may, within five business days after receipt of the notice, notify the director in writing of his or her request for an informal conference. The informal conference shall be held with the designee of the director for the county in which the residential care facility for the elderly that is the subject of the complaint is located. The residential care facility for the elderly may participate as a party in this informal conference. The director's designee shall notify the complainant and licensee of his or her determination within 10 working days after the informal conference and shall apprise the complainant and licensee in writing of the appeal rights provided in paragraph (2). (2) If the complainant is dissatisfied with the determination of the director's designee for the county in which the facility is located, the complainant may, within 15 days after receipt of this determination, notify in writing the Deputy Director of the Community Care Licensing Division of the department, who shall assign the request to a representative for review of the facts that led to both determinations. As a part of this independent investigation, and at the request of the complainant, the representative shall interview the complainant in the senior care program office where the complaint was initially referred. Based upon this review, the Deputy Director of the Community Care Licensing Division of the department shall make his or her own determination and notify the complainant and the facility within 30 days. (3) The department shall notify the facility of any action against the facility resulting from the conference or review provided for in paragraph (1) or (2) within three working days of the final determination, unless the licensee agrees in writing to an extension of this time. Notice may be effected either personally or by registered or certified mail. A copy of the notice shall also be sent to the complainant by registered or certified mail.SEC. 3.SECTION 1. Section 1569.618 of the Health and Safety Code is amended to read: 1569.618. (a) The administrator designated by the licensee pursuant to subdivision (k) of Section 1569.15 shall be present at the facility during normal working hours. A facility manager designated by the licensee with notice to the department, shall be responsible for the operation of the facility when the administrator is temporarily absent from the facility. (b) (1) At least one administrator, facility manager, or other person designated by the administrator who is at least 21 years of age shall be on the premises 24 hours per day. (2) A minimum of one staff member who assists residents with personal activities of daily living per 16 residents shall be on the premises 24 hours per day. (c) The facility shall employ, and the administrator shall schedule, a sufficient number of staff members to do all of the following: (1) Provide the care required in each resident's negotiated service agreement during all hours of the day. (2) Ensure the health, safety, comfort, and supervision of the residents. (3) Ensure that at least one staff member who has cardiopulmonary resuscitation (CPR) training and first aid training is on duty and on the premises at all times. (4) Ensure that the interior and exterior of the facility is maintained in a safe and clean manner. (d) "Facility manager" means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a residential care facility for the elderly and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, he or she shall be limited to the administration and management of only one facility.SEC. 4.Section 1569.625 of the Health and Safety Code is amended to read: 1569.625. (a) The Legislature finds that the quality of services provided to residents of residential care facilities for the elderly is dependent upon the training and skills of staff. It is the intent of the Legislature in enacting this section to ensure that direct-care staff have the knowledge and proficiency to carry out the tasks of their jobs. (b) The department shall adopt regulations to require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive appropriate training as provided in this section. (c) Staff members of residential care facilities for the elderly who assist residents with personal activities of daily living shall receive, at a minimum, 10 total hours of training as follows: (1) Within seven calendar days of the date of hire, training on all of the following: (A) Physical limitations and needs of the elderly. (B) Importance and techniques for personal care services. (C) Residents' rights. (D) Policies and procedures regarding medications. (E) Psychosocial needs of the elderly. (F) Building and fire safety and the appropriate response to emergencies. (G) Abuse, neglect, and financial exploitation prevention as prescribed by the Department of Justice. (H) Reporting requirements. (I) Sanitation and food safety. (J) Resident health and related problems. (K) An overview of the staff members' specific job requirements. (L) The philosophy and principles of independent living in an assisted living residence. (2) Within 30 calendar days from the date of hire, additional training on medication assistance and monitoring, communicable diseases, and dementia and cognitive impairment. (3) Within 180 calendar days from the date of hire, additional training on communication skills, the aging process, and disability sensitivity. (d) In addition to the training specified in subdivision (c), staff members of residential care facilities for the elderly who assist residents with personal activities of daily living shall also complete 6 hours annually of continuing education that includes, but is not limited to, training on the promotion of resident dignity, independence, self-determination, privacy, and choice, and review of all the subjects described in subdivision (c). (e) The training described in this section shall be administered on the job, or in a classroom setting, or any combination of the two. (f) The department shall establish, in consultation with the provider organization, the subject matter for the training described in this section.SEC. 2. Section 1569.629 is added to the Health and Safety Code , immediately following Section 1569.628 , to read: 1569.629. The training required under Section 1569.625 shall also include all of the following topics: (a) Building and fire safety and the appropriate response to emergencies. (b) Abuse, neglect, and financial exploitation prevention as prescribed by the Department of Justice. (c) Reporting requirements. (d) Sanitation and food safety. (e) Resident health and related problems. (f) An overview of the staff members' specific job requirements. (g) The philosophy and principles of independent living in an assisted living residence. (h) The promotion of resident dignity, independence, self-determination, privacy, and choice.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.