Bill Text: CA AB2066 | 2011-2012 | Regular Session | Chaptered
Bill Title: Residential care facilities for the elderly: revocation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-27 - Chaptered by Secretary of State - Chapter 643, Statutes of 2012. [AB2066 Detail]
Download: California-2011-AB2066-Chaptered.html
BILL NUMBER: AB 2066 CHAPTERED
BILL TEXT
CHAPTER 643
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE JUNE 14, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 27, 2012
INTRODUCED BY Assembly Member Monning
FEBRUARY 23, 2012
An act to amend Sections 1569.525 and 1569.682 of the Health and
Safety Code, relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
AB 2066, Monning. Residential care facilities for the elderly:
revocation of licenses.
Existing law provides for the licensure and regulation of
residential care facilities for the elderly. These provisions are
administered by the State Department of Social Services. Violation of
these provisions is a misdemeanor.
Existing law requires a licensee of a licensed residential care
facility for the elderly to take all reasonable steps to transfer
affected residents safely as a result of the forfeiture of a license,
the change of use of the facility pursuant to the department's
regulations, or the revocation of a license. This requirement
includes providing each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction and, if 7 or more residents will be transferred as a result
of the forfeiture of a license, revocation of a license, or change in
the use of the facility, submitting a proposed closure plan to the
department for approval.
This bill would eliminate the requirement that a licensee comply
with these provisions on the basis of the revocation of a license.
Existing law requires, if the Director of Social Services
determines that it is necessary to temporarily suspend a license of a
residential care facility for the elderly in order to protect the
residents or clients of the facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety, the
department to make every effort to minimize trauma for the
residents. Existing law authorizes and requires the department, in
the event of a temporary license suspension, to comply with specified
procedures relating to the transfer of residents.
This bill would make these provisions applicable in the event that
the director determines that it is necessary to revoke the license
of a residential care facility for the elderly. The bill also would
require that, upon an order to revoke a license, except as specified,
the licensee provide a 60-day written notice of license revocation
that may lead to closure to the resident and the resident's
responsible person within 24 hours of receipt of the department's
order of revocation. The bill would authorize the department to allow
the licensee to secure the services of a person who is not an
immediate family member of the licensee or an entity that is not
owned by the licensee to manage the day-to-day operations of the
facility for at least 60 days, provided that the person or entity is
licensed and in substantial compliance to operate a residential care
facility for the elderly that is of comparable or greater size and
comparable programming to the facility, and that the person or entity
meets other specified requirements. The bill would require that a
resident who transfers from the facility receive a refund of paid
preadmission fees in accordance with specified provisions. The bill
would require the licensee, within 10 days of all residents having
left the facility, to submit a final list of names and new locations
of all residents to the department and the local ombudsman program.
By expanding the definition 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.525 of the Health and Safety Code is
amended to read:
1569.525. (a) If the director determines that it is necessary to
temporarily suspend or to revoke any license of a residential care
facility for the elderly in order to protect the residents or clients
of the facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety pursuant to Section
1569.50, the department shall make every effort to minimize trauma
for the residents.
(b) The department shall contact any local agency that may have
placement or advocacy responsibility for the residents of a
residential care facility for the elderly after a decision is made to
temporarily suspend or to revoke the license of the facility and
prior to its implementation. The department shall work with these
agencies to locate alternative placement sites and to contact
relatives responsible for the care of these residents.
(c) The department shall use physicians and surgeons and other
medical personnel deemed appropriate by the department to provide
onsite evaluation of the residents and assist in any transfers.
(d) The department may require the licensee to prepare and submit
to the licensing agency a written plan for relocation and compliance
with the terms and conditions of the approved plans, and to provide
other information as necessary for the enforcement of this section.
(e) Upon an order to revoke a license, except an order to revoke a
license following the temporary suspension of a license pursuant to
Section 1569.50, the following shall apply:
(1) The licensee shall provide a 60-day written notice of license
revocation that may lead to closure to the resident and the resident'
s responsible person within 24 hours of receipt of the department's
order of revocation.
(2) The department shall permit the licensee to secure the
services of a person who is not an immediate family member of the
licensee or an entity that is not owned by the licensee to manage the
day-to-day operations of the residential care facility for the
elderly for a period of at least 60 days, provided that all of the
following conditions are met:
(A) A proposal is submitted to the department within 72 hours of
the licensee's receipt of the department's order of revocation that
includes both of the following:
(i) A completed "Application for a Community Care Facility or
Residential Care Facility for the Elderly License" form (LIC 200), or
similar form as determined by the department, signed and dated by
both the licensee and the person or entity described in paragraph
(2).
(ii) A copy of the executed agreement between the licensee and the
person or entity described in paragraph (2) that delineates the
roles and responsibilities of each party and specifies that the
person or entity described in paragraph (2) shall have the full
authority necessary to operate the facility, in compliance with all
applicable laws and regulations, and without interference from the
licensee.
(B) The person or entity described in paragraph (2) shall be
currently licensed and in substantial compliance to operate a
residential care facility for the elderly that is of comparable size
or greater and has comparable programming to the facility. For
purposes of this subparagraph, the following definitions apply:
(i) "Comparable programming" includes, but is not limited to,
dementia care, hospice care, and care for residents with exempted
prohibited health care conditions.
(ii) "Comparable size" means a facility capacity of 1 to 15
residents, 16 to 49 residents, or 50 or more residents.
(C) The person or entity described in paragraph (2) shall not be
subject to the application fee specified in Section 1569.185.
(D) If the department denies a proposal to secure the services of
a person or entity pursuant to paragraph (2), this denial shall not
be deemed a denial of a license application subject to the right to a
hearing under Section 1569.22 and other procedural rights under
Section 1569.51.
(3) (A) Notwithstanding Section 1569.651 or any other provision of
law, for paid preadmission fees in excess of five hundred dollars
($500), a resident who transfers from the facility during the 60-day
period described in paragraph (1) of subdivision (e) is entitled to a
refund in accordance with all of the following:
(i) A 100-percent refund if preadmission fees were paid within six
months of the notice of closure required by paragraph (1).
(ii) A 75-percent refund if preadmission fees were paid more than
six months, but not more than 12 months, before the notice of closure
required by paragraph (1).
(iii) A 50-percent refund if preadmission fees were paid more than
12 months, but not more than 18 months, before the notice of closure
required by paragraph (1).
(iv) A 25-percent refund if preadmission fees were paid more than
18 months, but not more than 25 months, before the notice of closure
required by paragraph (1).
(B) No preadmission fee refund is required if preadmission fees
were paid 25 months or more before the notice of closure required by
paragraph (1).
(C) The preadmission fee refund required by this paragraph shall
be paid within 15 days of issuing the notice of closure required by
paragraph (1). In lieu of the refund, the resident may request that
the licensee provide a credit toward the resident's monthly fee
obligation in an amount equal to the preadmission fee refund due.
(4) If a resident transfers from the facility during the 60-day
period described in paragraph (1) of subdivision (e), and the
resident gives notice at least five days before leaving the facility,
the licensee shall refund to the resident or his or her legal
representative a proportional per diem amount of any prepaid monthly
fees at the time the resident leaves the facility and the unit is
vacated. Otherwise the licensee shall pay the refund within seven
days from the date that the resident leaves the facility and the unit
is vacated.
(5) Within 10 days after all residents who are transferring
pursuant to these provisions have left the facility, the licensee
that had his or her license revoked shall, based on information
provided by the resident or the resident's legal representative,
submit a final list of names and new locations of all residents to
the department and the local ombudsman program.
(f) Nothing in this section shall preclude the department from
amending the effective date in the order of revocation and closing
the facility prior to the end of the 60-day notice period provided
for in subdivision (e), or from pursuing any other available remedies
if necessary to protect the health and safety of the residents in
care.
SEC. 2. Section 1569.682 of the Health and Safety Code is amended
to read:
1569.682. (a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the
facility to another facility or to an independent living arrangement
as a result of the forfeiture of a license, as described in
subdivision (a), (b), or (f) of Section 1569.19, or a change of use
of the facility pursuant to the department's regulations, take all
reasonable steps to transfer affected residents safely and to
minimize possible transfer trauma, and shall, at a minimum, do all of
the following:
(1) Prepare, for each resident, a relocation evaluation of the
needs of that resident, which shall include both of the following:
(A) Recommendations on the type of facility that would meet the
needs of the resident based on the current service plan.
(B) A list of facilities, within a 60-mile radius of the resident'
s current facility, that meet the resident's present needs.
(2) Provide each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction. The notice shall include all of the following:
(A) The reason for the eviction, with specific facts to permit a
determination of the date, place, witnesses, and circumstances
concerning the reasons.
(B) A copy of the resident's current service plan.
(C) The relocation evaluation.
(D) A list of referral agencies.
(E) The right of the resident or resident's legal representative
to contact the department to investigate the reasons given for the
eviction pursuant to Section 1569.35.
(F) The contact information for the local long-term care
ombudsman, including address and telephone number.
(3) Discuss the relocation evaluation with the resident and his or
her legal representative within 30 days of issuing the notice of
eviction.
(4) Submit a written report of any eviction to the licensing
agency within five days.
(5) Upon issuing the written notice of eviction, a licensee shall
not accept new residents or enter into new admission agreements.
(6) (A) For paid preadmission fees in excess of five hundred
dollars ($500), the resident is entitled to a refund in accordance
with all of the following:
(i) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(ii) A 75-percent refund if preadmission fees were paid more than
6 months but not more than 12 months before notice of eviction.
(iii) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(iv) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(B) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(C) The preadmission refund required by this paragraph shall be
paid within 15 days of issuing the eviction notice. In lieu of the
refund, the resident may request that the licensee provide a credit
toward the resident's monthly fee obligation in an amount equal to
the preadmission fee refund due.
(7) If the resident gives notice five days before leaving the
facility, the licensee shall refund to the resident or his or her
legal representative a proportional per diem amount of any prepaid
monthly fees at the time the resident leaves the facility and the
unit is vacated. Otherwise the licensee shall pay the refund within
seven days from the date that the resident leaves the facility and
the unit is vacated.
(8) Within 10 days of all residents having left the facility, the
licensee, based on information provided by the resident or resident's
legal representative, shall submit a final list of names and new
locations of all residents to the department and the local ombudsman
program.
(b) If seven or more residents of a residential care facility for
the elderly will be transferred as a result of the forfeiture of a
license or change in the use of the facility pursuant to subdivision
(a), the licensee shall submit a proposed closure plan to the
department for approval. The department shall approve or disapprove
the closure plan, and monitor its implementation, in accordance with
the following requirements:
(1) Upon submission of the closure plan, the licensee shall be
prohibited from accepting new residents and entering into new
admission agreements for new residents.
(2) The closure plan shall meet the requirements described in
subdivision (a), and describe the staff available to assist in the
transfers. The department's review shall include a determination as
to whether the licensee's closure plan contains a relocation
evaluation for each resident.
(3) Within 15 working days of receipt, the department shall
approve or disapprove the closure plan prepared pursuant to this
subdivision, and, if the department approves the plan, it shall
become effective upon the date the department grants its written
approval of the plan.
(4) If the department disapproves a closure plan, the licensee may
resubmit an amended plan, which the department shall promptly either
approve or disapprove, within 10 working days of receipt by the
department of the amended plan. If the department fails to approve a
closure plan, it shall inform the licensee, in writing, of the
reasons for the disapproval of the plan.
(5) If the department fails to take action within 20 working days
of receipt of either the original or the amended closure plan, the
plan, or amended plan, as the case may be, shall be deemed approved.
(6) Until such time that the department has approved a licensee's
closure plan, the facility shall not issue a notice of transfer or
require any resident to transfer.
(7) Upon approval by the department, the licensee shall send a
copy of the closure plan to the local ombudsman program.
(c) (1) If a licensee fails to comply with the requirements of
subdivision (a), and if the director determines that it is necessary
to protect the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
the department shall take any necessary action to minimize trauma for
the residents. The department shall contact any local agency that
may have placement or advocacy responsibility for the residents, and
shall work with those agencies to locate alternative placement sites,
contact relatives or other persons responsible for the care of these
residents, provide onsite evaluation of the residents, and assist in
the transfer of residents.
(2) The participation of the department and local agencies in the
relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing the relocation services. If
the licensee fails to provide the relocation services required in
subdivisions (a) and (b), then the department may request that the
Attorney General's office, the city attorney's office, or the local
district attorney's office seek injunctive relief and damages in the
same manner as provided for in Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 of the Business and Professions Code.
(d) A licensee who fails to comply with requirements of this
section shall be liable for the imposition of civil penalties in the
amount of one hundred dollars ($100) per violation per day for each
day that the licensee is in violation of this section, until such
time that the violation has been corrected. The civil penalties shall
be issued immediately following the written notice of violation.
However, if the violation does not present an immediate or
substantial threat to the health or safety of residents and the
licensee corrects the violation within three days after receiving the
notice of violation, the licensee shall not be liable for payment of
any civil penalties pursuant to this subdivision related to the
corrected violation.
(e) A resident of a residential care facility for the elderly
covered under this section, may bring a civil action against any
person, firm, partnership, or corporation who owns, operates,
establishes, manages, conducts, or maintains a residential care
facility for the elderly who violates the rights of a resident, as
set forth in this section. Any person, firm, partnership, or
corporation who owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who violates
this section shall be responsible for the acts of the facility's
employees and shall be liable for costs and attorney's fees. Any such
residential care facility for the elderly may also be enjoined from
permitting the violation to continue. The remedies specified in this
section shall be in addition to any other remedy provided by law.
(f) This section shall not apply to a licensee that has obtained a
certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.
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.
