Bill Text: CA AB364 | 2013-2014 | Regular Session | Amended
Bill Title: Community care facilities: unannounced visits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB364 Detail]
Download: California-2013-AB364-Amended.html
BILL NUMBER: AB 364 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Ian Calderon
FEBRUARY 14, 2013
An act to amend Section Sections
1534 and 1569.33 of the Health and Safety Code, relating
to community care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 364, as amended, Ian Calderon. Community care facilities:
unannounced visits.
The California Community Care Facilities Act provides for the
licensure and regulation of community care facilities by the State
Department of Social Services. Existing law requires, except as
otherwise specified, that every licensed community care facility be
subject to unannounced visits by the department and requires the
department to visit the facilities as often as necessary to ensure
the quality of care provided, but no less often than once every 5
years.
The California Residential Care Facilities for the Elderly Act
provides for the licensure and regulation of residential care
facilities for the elderly by the department. The act requires that
every licensed residential care facility for the elderly be subject
to unannounced visits by the department and requires the department
to visit these facilities 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 the department to visit a
community care facility or a residential care facility for the
elderly no less often than once every 2 years.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1534 of the Health and Safety Code is amended
to read:
1534. (a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department shall
visit these facilities as often as necessary to ensure the quality
of care provided.
(A) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(B) (i) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(ii) 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 an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources to
increase the random sample by 10 percent.
(C) Under no circumstance shall the department visit a community
care facility less often than once every two years.
(D) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a nonpublic school. The department shall
respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(2) The department shall notify the community care facility 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.
(3) 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.
(b) (1) Nothing in this section shall limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program where a licensed
community care facility is certifying compliance with licensing
requirements.
(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be afforded
the due process provided pursuant to this chapter.
(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(5) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(6) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. In all proceedings conducted in
accordance with this section the standard of proof shall be by a
preponderance of the evidence.
(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section, enter an order denying or revoking
the certificate of approval, or otherwise take disciplinary action
against the certified or prospective foster parent, notwithstanding
any resignation, withdrawal of application, surrender of the
certificate of approval, or denial or revocation of the certificate
of approval by the foster family agency.
(9) A foster family agency's failure to comply with the department'
s order to deny or revoke the certificate of employment by placing or
retaining children in care shall be grounds for disciplining the
licensee pursuant to Section 1550.
SEC. 2. 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 unannounced visits 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 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.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(5) 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 two years.
(e) 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) 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) 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.
