Bill Text: CA AB2044 | 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 1-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 701, Statutes of 2014. [AB2044 Detail]

Download: California-2013-AB2044-Introduced.html

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BILL NUMBER: AB 2044	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 20, 2014

   An act to amend Sections 1569.33, 1569.35, 1569.618, and 1569.625
of the Health and Safety Code, relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2044, as introduced, 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.
   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 
visits   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  an annual unannounced
visit   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  an annual evaluation.   more frequent
unannounced visits. 
   (3) When an accusation against a licensee is pending.
   (4) When a facility requires  an annual visit 
 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.  
   (5)
    (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) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
 
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.  
   (d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every five years.
 
   (e) 
    (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. 
   (f) 
    (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. 
   (g) 
    (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  where  
when  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.   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 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.  
   (b) 
    (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  . This training shall consist of 10
hours of training within the first four weeks of employment and four
hours annually thereafter. This training shall be administered on the
job, or in a classroom setting, or any combination of the two. The
department shall establish, in consultation with provider
organizations, the subject matter required for this training.
  as provided in this section.  
   (c)  The training shall include, but not be limited to, the
following:  
   (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.

   (2) 
    (B)  Importance and techniques for personal care
services. 
   (3) 
    (C)  Residents' rights. 
   (4) 
    (D)  Policies and procedures regarding medications.

   (5) 
    (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. 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.