Bill Text: CA AB419 | 2011-2012 | Regular Session | Amended
Bill Title: Care facilities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB419 Detail]
Download: California-2011-AB419-Amended.html
BILL NUMBER: AB 419 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Mitchell
FEBRUARY 14, 2011
An act to amend Sections 1523.1, 1526.75, 1534, 1568.05
1534 , 1568.07, 1569.185,
1569.191, 1569.20, 1569.24, 1569.33, 1596.803,
1596.858, 1597.09, 1597.13, 1597.14, and 1597.55a of
, and to repeal Section 1526.5 of, the Health and
Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 419, as amended, Mitchell. Care facilities.
Under existing law, the State Department of Social Services
licenses and regulates community care facilities, residential care
facilities for persons with chronic life-threatening illness,
residential care facilities for the elderly, and child day care
facilities. Under existing law the department charges
various fees for the initial and renewal licensure of various types
of facilities, based on capacity of the facility. Existing law also
requires the department to charge a plan of correction fee of $200
when a licensee does not implement a plan of correction on or prior
to the date specified in the plan.
This bill would increase the initial application and renewal fees
for these licenses, as prescribed. The bill would also replace the
plan of correction fee with a reinspection fee of $100, to be
assessed when an inspection of a facility is necessary to ensure that
a violation has been corrected.
Existing law requires the department to conduct an annual
unannounced visit to a care facility if any of various specified
conditions are met. Existing law also requires the department to
inspect community care facilities, residential care facilities for
persons with chronic life-threatening illness, and residential care
facilities for the elderly within 90 days after a facility accepts
its first client for placement.
This bill would require the department to conduct an unannounced
inspection of a care facility using prescribed inspection protocols
at least once each year and as often as necessary to ensure the
quality of care provided, except for family day care centers which
the department would be required to inspect using prescribed
inspection protocols, at minimum, once every 2 years and as often as
necessary to ensure the quality of care provided. This bill would
also require the department to convene a specified workgroup to
review the implementation of the annual inspection protocols, as
prescribed, and would require the department to include certain
information about the annual inspection protocols in the department's
annual report to the relevant Senate and Assembly budget
subcommittees.
This bill would also eliminate the requirement for
community care facilities and residential care facilities
for persons with chronic life-threatening illness that the department
inspect the facility within 90 days after it accepts its first
client for placement. This bill would, for residential care
facilities for the elderly, require the department to make its first
annual unannounced inspection within 90 days after the facility
accepts its first resident for placement.
Existing law requires the department to conduct initial site
visits before granting a license to a child day care facility or a
residential care facility for the elderly.
This bill would exempt the department from that requirement in
specified cases but would not preclude the department, when acting
within its discretionary authority, from making an initial site visit
in those cases.
Under existing law, to obtain a license for a residential
care facility for the elderly or a day care center, a
prelicensure survey or site visit and a finding that the
facility is in compliance with licensing standards is required.
Existing law requires that the department conduct an initial
site visit within 30 days after the receipt of all appropriate
licensing application materials.
This bill would authorize the department to exercise its
discretion and elect not to conduct the site visit
after the receipt of all appropriate licensing application materials
when an operating residential care facility for the elderly or
day care center licensee sells or transfers the property or
business to a new license applicant and the department
determines that there will be no material change in the management or
operations of the facility .
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 1523.1 of the Health and
Safety Code is amended to read:
1523.1. (a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license.
After initial licensure, a fee shall be charged by the department
annually on each anniversary of the effective date of the license.
The fees are for the purpose of financing the activities specified in
this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and
Adoption $3,025 $1,513
Agencies
1-15 $182 $91
16-30 $303 $152
31-60 $605 $303
Adult Day
Programs 61-75 $758 $378
76-90 $908 $454
91-120 $1,210 $605
121+ $1,513 $757
1-3 $454 $454
Other 4-6 $908 $454
Community
Care Facilities 7-15 $1,363 $681
16-30 $1,815 $908
31-49 $2,270 $1,135
50-74 $2,725 $1,363
75-100 $3,180 $1,590
101-150 $3,634 $1,817
151-200 $4,237 $2,119
201-250 $4,840 $2,420
251-300 $5,445 $2,723
301-350 $6,050 $3,025
351-400 $6,655 $3,328
401-500 $7,865 $3,933
501-600 $9,075 $4,538
601-700 $10,285 $5,143
701+ $12,100 $6,050
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when a licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover costs incurred by the department for processing
payments including, but not limited to, bounced check charges,
charges for credit and debit transactions, and postage due charges.
(H) A reinspection fee of one hundred dollars ($100) whenever an
inspection of a facility is necessary to ensure a violation has been
corrected.
(2) Foster family homes shall be exempt from the fees imposed
pursuant to this subdivision.
(3) Foster family agencies shall be annually assessed ninety-seven
dollars ($97) for each home certified by the agency.
(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use of this revenue, as approved by the Director of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit a
budget change proposal to justify any positions or any other related
support costs on an ongoing basis.
(d) A facility may use a bona fide business check to pay the
license fee required under this section.
(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.
SEC. 2. Section 1526.5 of the Health and Safety
Code is repealed.
SEC. 3. Section 1526.75 of the Health and
Safety Code is amended to read:
1526.75. (a) It is the intent of the Legislature to maintain
quality resources for children needing placement away from their
families. If, during a periodic inspection, a facility is found to be
out of compliance with one or more of the licensing standards of the
department, the department shall, unless an ongoing investigation
precludes it, advise the provider of the noncompliance as soon as
possible. The provider shall be given the opportunity to correct the
deficiency.
(b) The department shall implement a procedure whereby citations
for noncompliance may be appealed and reviewed.
(c) Nothing in this section shall preclude the department from
taking an action it may deem necessary to ensure the safety of
children and adults placed in a facility.
SEC. 4. SECTION 1. Section 1534 of
the Health and Safety Code is amended to read:
1534. (a) (1) (A) Every licensed community care facility shall be
inspected at least once per year and as often as necessary to ensure
the quality of care provided. Evaluation visits shall be
unannounced, except as noted in Section 1533.
(B) The department shall inspect facilities using inspection
protocols that are research based, field tested, reviewed by
stakeholders, and evaluated annually to ensure that facilities are in
compliance with licensing requirements. All inspections shall
include a review of all zero tolerance violations for that facility
type.
(C) The inspection required at least once per year pursuant to
subparagraph (A) shall trigger a comprehensive inspection if either
of the following occurs:
(i) One zero tolerance violation, including, but not limited to, a
fire clearance violation, absence of supervision, accessible bodies
of water, accessible firearms, ammunition, or both, refused entry to
a facility or any part of a facility, or the presence of an excluded
person on the premises.
(ii) Any two type A violation without regard to whether it is
listed as part of the annual inspection protocols. A type A violation
is a violation that poses an immediate risk.
(ii) Any combination of other violations as determined by the
department. However, for the first two years following the date of
the act that amended this clause, the combination used by the
department shall be two type A violations without regard to whether
they are listed as part of the annual inspection protocols. A type A
violation is a violation that poses an immediate risk. The
combination of violations as determined by the department pursuant to
this clause shall be reported to the Legislature in the department's
annual report.
(D) All inspections shall be subject to all laws and regulations
regardless of the type of inspection. If during an annual inspection,
the department observes a violation that is not listed as part of
the annual protocols, the department shall address that violation.
(E) 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, a 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
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. 5. Section 1568.05 of the Health and
Safety Code is amended to read:
1568.05. (a) An application fee adjusted by facility and
capacity, shall be charged by the department for a license to operate
a residential care facility for persons with chronic
life-threatening illness. After initial licensure, a fee shall be
charged by the department annually, on each anniversary of the
effective date of the license. The fees are for the purpose of
financing the activities specified in this chapter. Fees shall be
assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-6 $605 $303 plus $10
per bed
7-15 $758 $378 plus $10
per bed
16-25 $908 $454 plus $10
per bed
26+ $1,060 $530 plus $10
per bed
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by an
individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when a licensee fails to pay the annual
licensing fee on or before the due date, as indicated by postmark on
the payment.
(G) A fee to cover costs incurred by the department for processing
payments including, but not limited to, bounced check charges,
charges for credit and debit transactions, and postage due charges.
(H) A reinspection fee of one hundred dollars ($100) whenever an
inspection of a facility is necessary to ensure that a violation has
been corrected.
(2) No local governmental entity shall impose a business license,
fee, or tax for the privilege of operating a facility licensed under
this chapter that serves six or fewer persons.
(c) All fees collected pursuant to subdivisions (a) and (b) shall
be deposited in the Technical Assistance Fund.
(d) The revenues collected from licensing fees pursuant to this
section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(e) The department shall not utilize any portion of the revenues
collected pursuant to this section sooner than 30 days after
notification in writing of the purpose and use of this revenue, as
approved by the Director of Finance, to the Chairperson of the Joint
Legislative Budget Committee, and the chairpersons of the committee
in each house that considers appropriations for each fiscal year. The
department shall submit a budget change proposal to justify any
positions or any other related support costs on an ongoing basis.
(f) Fees established pursuant to this section shall not be
effective unless licensing fees are established for all adult
residential facilities licensed by the department.
(g) A residential care facility may use a bona fide business check
to pay the license fee required under this section.
(h) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
SEC. 6. SEC. 2. Section 1568.07 of
the Health and Safety Code is amended to read:
1568.07. (a) (1) (A) Every licensed residential care facility
shall be periodically inspected and evaluated for quality of care by
a representative or representatives designated by the director.
Evaluations shall be conducted at least annually and as often as
necessary to ensure the quality of care being provided.
(B) Facilities shall be inspected using inspection protocols that
are research based, field tested, reviewed by stakeholders, and
evaluated annually to ensure that facilities are in compliance with
licensing requirements. All inspections shall include a review of all
zero tolerance violations for that facility type.
(C) The inspection required at least annually pursuant to
subparagraph (A) shall trigger a comprehensive inspection if either
of the following occurs:
(i) One zero tolerance violation, including, but not limited to, a
fire clearance violation, absence of supervision, accessible bodies
of water, accessible firearms, ammunition, or both, refused entry to
a facility or any part of a facility, or the presence of an excluded
person on the premises.
(ii) Any two type A violations without regard to whether it is
listed as part of the annual inspection protocols. A type A violation
is a violation that poses an immediate risk.
(ii) Any combination of other violations as determined by the
department. However, for the first two years following the date of
the act that amended this clause, the combination used by the
department shall be two type A violations without regard to whether
they are listed as part of the annual inspection protocols. A type A
violation is a violation that poses an immediate risk. The
combination of violations as determined by the department pursuant to
this clause shall be reported to the Legislature in the department's
annual report.
(D) All inspections shall be subject to all laws and regulations
regardless of the type of inspection. If during an annual inspection,
a violation is observed that is not listed as part of the annual
protocols, that violation shall be addressed.
(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility's license, providing adequate staffing and
services, updated resident records and assessments, and compliance
with basic health and safety standards.
(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by an
assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident's physician
and surgeon, and the resident's case manager, and shall reflect the
desires of the resident, the resident's physician and surgeon, and
the resident's case manager. The assessment also shall recognize that
certain illnesses are episodic in nature and that the resident's
need for a higher level of care may be temporary.
(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with 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.
(5) 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.
(6) The department may take appropriate remedial action as
provided for in this chapter.
(b) A duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.
(c) No licensee shall discriminate or retaliate in any manner
against a person receiving the services of the facility of the
licensee, or against an employee of the facility, on the basis, or
for the reason, that a person or employee or any other person has
initiated or participated in an inspection pursuant to Section
1568.071.
(d) A person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility, of an impending or proposed inspection or evaluation of
that facility by personnel of the department, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed one thousand dollars ($1,000), by imprisonment in the
county jail for a period not to exceed 180 days, or by both a fine
and imprisonment.
SEC. 7. Section 1569.185 of the Health and
Safety Code is amended to read:
1569.185. (a) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a residential care facility for the elderly. After
initial licensure, a fee shall be charged by the department annually
on each anniversary of the effective date of the license.
The fees are for the purpose of financing activities specified in
this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-3 $454 $454
4-6 $908 $454
7-15 $1,363 $681
16-30 $1,815 $908
31-49 $2,270 $1,135
50-74 $2,725 $1,363
75-100 $3,180 $1,590
101-150 $3,634 $1,817
151-200 $4,237 $2,119
201-250 $4,840 $2,420
251-300 $5,445 $2,723
301-350 $6,050 $3,025
351-400 $6,655 $3,328
401-500 $7,865 $3,933
501-600 $9,075 $4,538
601-700 $10,285 $5,143
701+ $12,100 $6,050
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when a licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover costs incurred by the department for processing
payments including, but not limited to, bounced check charges,
charges for credit and debit transactions, and postage due charges.
(H) A reinspection fee of one hundred dollars ($100) whenever an
inspection of a facility is necessary to ensure that a violation has
been corrected.
(2) No local jurisdiction shall impose a business license, fee, or
tax for the privilege of operating a facility licensed under this
chapter that serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care or
supervision by licensees and to support the activities of the
licensing programs, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this chapter, and other administrative activities in
support of the licensing program, when appropriated for these
purposes. The revenues collected shall be used in addition to any
other funds appropriated in the annual Budget Act in support of the
licensing program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use, as approved by the Department of Finance, to the Chairperson of
the Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each fiscal
year. The department shall submit a budget change proposal to
justify any positions or any other related support costs on an
ongoing basis.
(d) A residential care facility for the elderly may use a bona
fide business check to pay the license fee required under this
section.
(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
SEC. 3. Section 1569.191 of the Health
and Safety Code is amended to read:
1569.191. (a) Notwithstanding Section 1569.19, in the event of a
sale of a licensed facility where the sale will result in a new
license being issued, the sale and transfer of property and business
shall be subject to both of the following:
(1) The licensee shall provide written notice to the department
and to each resident or his or her legal representative of the
licensee's intent to sell the facility at least 30 days prior to the
transfer of the property or business, or at the time that a bona fide
offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission
agreement, inform all residents, or their legal representatives,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
(b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license within the appropriate provisions of
this chapter.
(1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a
residential care facility for the elderly. The seller shall send a
copy of this written notice to the licensing agency.
(2) The prospective buyer shall submit an application for a
license, as specified in Section 1569.15, within five days of the
acceptance of the offer by the seller.
(c) No sale of the facility shall be permitted until 30 days have
elapsed from the date upon which notice has been provided pursuant to
paragraphs (1) and (2) of subdivision (a).
(d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business.
Notwithstanding Section 1569.20, upon receipt of the application
materials pursuant to regulations, the department may elect not to
conduct a prelicensing site visit if the department determines that
there will be no material change to the management or operations of
the facility. The department shall make a decision within 60
days after a complete application is submitted on whether to issue a
license pursuant to Section 1569.15.
(e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.
(f) Facilities that are subject to Chapter 10 (commencing with
Section 1770) of Division 2, including Section 1789.4, shall not be
subject to paragraph (1) of subdivision (a), and subdivisions (c) and
(d).
SEC. 8. SEC. 4. Section 1569.20 of
the Health and Safety Code is amended to read:
1569.20. Upon the filing of the application for issuance of an
initial license, the department shall, within five working days of
the filing, make a determination regarding the completeness of the
application. If the application is complete, the department shall
immediately request a fire clearance and notify the applicant to
arrange a time for the department to conduct a prelicensure
survey. Applicants for licensure of a currently or previously
licensed facility are exempt from the initial site visit. This does
not preclude prelicensing visit. The department may
elect not to conduct a prelicensing visit of the facility
prior to approval of the application if the applicant meets an
exception pursuant to Section 1569.191. This does not preclude
the department, when acting within its discretionary authority, from
making an initial site visit. If the application is incomplete, the
department shall notify the applicant and request the necessary
information. Within 60 days of making a determination that the file
is complete, the department shall make a determination whether the
application is in compliance with this chapter and the rules and
regulations of the department and shall either immediately issue the
license or notify the applicant of the deficiencies. The notice shall
specify whether the deficiencies constitute denial of the
application or whether further corrections for compliance will likely
result in approval of the application.
SEC. 9. SEC. 5. Section 1569.24 of
the Health and Safety Code is amended to read:
1569.24. (a) Within 90 days after a facility accepts its first
resident for placement following its initial licensure, the
department shall conduct its first annual unannounced visit to the
facility in accordance with Section 1569.33. The licensee shall
notify the department, within five business days after accepting its
first resident for placement, that the facility has commenced
operating.
(b) The department may take appropriate remedial action as
provided for in this chapter.
SEC. 10. SEC. 6. Section 1569.33 of
the Health and Safety Code is amended to read:
1569.33. (a) (1) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department.
The department shall visit these facilities at least once per year
and as often as necessary to ensure the quality of care provided.
(2) The department shall inspect facilities using inspection
protocols that are research based, field tested, reviewed by
stakeholders, and evaluated annually to ensure that facilities are in
compliance with licensing requirements. All inspections shall
include a review of all zero tolerance violations for that facility
type. Addenda to the regular review shall be conducted for
facilities caring for individuals with dementia or individuals who
are bedridden and facilities providing hospice services.
(3) The inspection required at least once per year pursuant to
paragraph (1) shall trigger a comprehensive inspection subject
to all laws and regulations governing this facility type if
either of the following occurs:
(A) One zero tolerance violation, including, but not limited to, a
fire clearance violation, absence of supervision, accessible bodies
of water, accessible firearms, ammunition, or both, refused entry to
a facility or any part of a facility, or the presence of an excluded
person on the premises.
(B) Any two type A violations without regard to whether it is
listed as part of the annual inspection protocols. A type A violation
is a violation that poses an immediate risk.
(B) Any combination of other violations as determined by the
department. However, for the first two years following the date of
the act that amended this subparagraph, the combination used by the
department shall be two type A violations without regard to whether
they are listed as part of the annual inspection protocols. A type A
violation is a violation that poses an immediate risk to health,
safety, or personal rights. The combination of violations as
determined by the department pursuant to this subparagraph shall be
reported to the Legislature in the department's annual report.
(4) All inspections of facilities shall be subject to
all laws and regulations regardless of the type of inspection. If
during an annual inspection, the department observes a
violation or becomes aware of a violation of a
standard that is not listed as part of the annual protocols,
the department shall address that violation.
(b) 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.
(c) 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.
(d) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of a 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. 11. Section 1596.803 of the Health and
Safety Code is amended to read:
1596.803. (a) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a child day care facility. After initial
licensure, a fee shall be charged by the department annually, on each
anniversary of the effective date of the license. The fees are for
the purpose of financing activities specified in this chapter. Fees
shall be assessed as follows:
Fee Schedule
Original Annual
Facility Type Capacity Application Fee
Family Day Care 1-8 $73 $73
9-14 $140 $140
Day Care 1-30 $484 $242
Centers
31-60 $968 $484
61-75 $1,210 $605
76-90 $1,452 $726
91-120 $1,936 $968
121+ $2,420 $1,210
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of twenty-five dollars ($25) for attendance
by an individual at a department-sponsored family child day care
home orientation session, and a fifty dollar ($50) orientation fee
for attendance by an individual at a department-sponsored child day
care center orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when a licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover costs incurred by the department for processing
payments including, but not limited to, bounced check charges,
charges for credit and debit transactions, and postage due charges.
(H) A reinspection fee of one hundred dollars ($100) whenever an
inspection of a facility is necessary to ensure a violation has been
corrected.
(2) No local jurisdiction shall impose a business license, fee, or
tax for the privilege of operating a small family day care home
licensed under this act.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees, and to support the activities of the
licensing program, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this act, and other administrative activities in support
of the licensing program, when appropriated for these purposes. The
revenues collected shall be used in addition to any other funds
appropriated in the annual Budget Act in support of the licensing
program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use, as approved by the Department of Finance, to the Chairperson of
the Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each fiscal
year. The department shall submit a budget change proposal to
justify any positions or any other related support costs on an
ongoing basis.
(d) A child day care facility may use a bona fide business or
personal check to pay the license fee required under this section.
(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
SEC. 12. SEC. 7. Section 1596.858 of
the Health and Safety Code is amended to read:
1596.858. A license shall be forfeited by operation of law prior
to its expiration date when any of the following occurs:
(a) The licensee sells or otherwise transfers the facility or
facility property, except when change of ownership applies to
transferring of stock when the facility is owned by a corporation,
and when the transfer of stock does not constitute a majority change
in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility from one location to another.
The department shall develop regulations to ensure that the
facilities are not charged a full licensing fee and do not have to
complete the entire application process when applying for license for
the new location.
(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. If an adult relative notifies the
department of his or her desire to continue operation of the facility
and submits an application, the department shall expedite the
application. Applicants for licensure pursuant to this subdivision
are exempt from the initial site visit required by Section 1597.13.
This does not preclude the department, when acting within its
discretionary authority, from making an initial site visit. The
department shall promulgate regulations for expediting applications
submitted pursuant to this subdivision.
(f) The licensee abandons the facility.
SEC. 13. SEC. 8. Section 1597.09 of
the Health and Safety Code is amended to read:
1597.09. (a) Each licensed child day care center shall be subject
to unannounced visits by the department. The department shall visit
these facilities at least once per year and as often as necessary to
ensure the quality of care provided.
(b) The department shall inspect facilities using inspection
protocols that are research based, field tested, reviewed by
stakeholders, and evaluated annually to ensure that facilities are in
compliance with licensing requirements. All inspections shall
include a review of all zero tolerance violations for that facility
type.
(c) The inspection required at least once per year pursuant to
subdivision (a) shall trigger a comprehensive inspection if either of
the following occurs:
(1) One zero tolerance violation, including, but not limited to, a
fire clearance violation, absence of supervision, accessible bodies
of water, accessible firearms, ammunition, or both, refused entry to
a facility or any part of a facility, or the presence of an excluded
person on the premises.
(2) Any two type A violations without regard to whether it is
listed as part of the annual inspection protocols. A type A violation
is a violation that poses an immediate risk.
(2) Any combination of other violations as determined by the
department. However, for the first two years following the date of
the act that amended this paragraph, the combination used by the
department shall be two type A violations without regard to whether
they are listed as part of the annual inspection protocols. A type A
violation is a violation that poses an immediate risk. The
combination of violations as determined by the department pursuant to
this paragraph shall be reported to the Legislature in the
department's annual report.
(d) All inspections shall be subject to all laws and regulations
regardless of the type of inspection. If during an annual inspection,
the department observes a violation that is not listed as part of
the annual protocols, the department shall address that violation.
SEC. 14. SEC. 9. Section 1597.13 of
the Health and Safety Code is amended to read:
1597.13. (a) The department and any local agency with which it
contracts for the licensing of day care centers shall grant or deny
an application for license within 30 days after receipt of all
appropriate licensing application materials, as determined by the
department, after a site visit has been completed and the facility
has been found to be in compliance with licensing standards. The
department shall conduct an initial site visit within 30 days after
the receipt of all appropriate licensing application materials.
(b) The department may exercise its discretion and elect not to
conduct the site visit required by subdivision (a) after the receipt
of all appropriate licensing application materials when an operating
day care center licensee sells or transfers the property or business
to a new license applicant.
SEC. 15. SEC. 10. Section 1597.14 of
the Health and Safety Code is amended to read:
1597.14. (a) Notwithstanding Section 1596.858, in the event of a
sale of a licensed child day care center where the sale will result
in a new license being issued, the sale and transfer of property and
business shall be subject to both of the following:
(1) The licensee shall provide written notice to the department
and to the child's parent or his or her legal guardian of the
licensee's intent to sell the child day care center at least 30 days
prior to the transfer of the property or business, or at the time
that a bona fide offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission
agreement, inform the child's parent or his or her legal guardian,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
(b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
(1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a child
day care center. The seller shall send a copy of this written notice
to the licensing agency.
(2) The prospective buyer shall submit an application for a
license, as specified in Section 1596.95, within five days of the
acceptance of the offer by the seller.
(c) No transfer of the facility shall be permitted until 30 days
have elapsed from the date when notice has been provided to the
department pursuant to paragraph (1) of subdivision (a).
(d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business.
Applicants for licensure pursuant to this subdivision are exempt from
the initial site visit required by Section 1597.13. This does not
preclude the department, when acting within its discretionary
authority, from making an initial site visit. The department shall
make a decision Notwithstanding Section 1569.13, upon
receipt of the application materials pursuant to
regulations, the department may elect not to conduct a prelicensing
site visit if the department determines that there will be no
material change to the management or operations of the facility. The
department shall make a decision within 60 days after a
complete application is submitted on whether to issue a license
pursuant to Section 1596.95.
(e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.
SEC. 16. SEC. 11. Section 1597.55a
of the Health and Safety Code is amended to read:
1597.55a. (a) (1) Every family day care home shall be subject to
unannounced visits by the department as provided in this section. The
department shall visit these facilities at least once every two
years and as often as necessary to ensure the quality of care
provided.
(2) The department shall inspect facilities using inspection
protocols that are research based, field tested, reviewed by
stakeholders, and evaluated annually to ensure that facilities are in
compliance with licensing requirements. All inspections shall
include a review of all zero tolerance violations for that facility
type.
(3) The inspection required at least once per year pursuant to
paragraph (1) shall trigger a comprehensive inspection if either of
the following occurs:
(A) One zero tolerance violation, including, but not limited to, a
fire clearance violation, absence of supervision, accessible bodies
of water, accessible firearms, ammunition, or both, refused entry to
a facility or any part of a facility, or the presence of an excluded
person on the premises.
(B) Any two type A violations without regard to whether it is
listed as part of the annual inspection protocols. A type A violation
is a violation that poses an immediate risk.
(B) Any combination of other violations as determined by the
department. However, for the first two years following the date of
the act that amended this subparagraph, the combination used by the
department shall be two type A violations without regard to whether
they are listed as part of the annual inspection protocols. A type A
violation is a violation that
poses an immediate risk. The combination of violations as
determined by the department pursuant to this subparagraph shall be
reported to the Legislature in the department's annual report.
(4) All inspections shall be subject to all laws and regulations
regardless of the type of inspection. If during an annual inspection,
the department observes a violation that is not listed as part of
the annual protocols, the department shall address that violation.
(b) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(c) The department shall conduct an annual unannounced visit to 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) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(d) A public agency under contract with the department may make
spot checks if it does not result in a cost to the state. However,
spot checks shall not be required by the department.
(e) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853.
(f) An unannounced site visit shall adhere to both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(1) The visit shall take place only during the period beginning
one hour before, and ending one hour after, the facility's normal
business hours or at any time child care services are being provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(g) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
SEC. 17. SEC. 12. By January 31,
2012, and by January 31, 2013, the State Department of Social
Services shall convene a workgroup that shall meet at least one time
on or before each of these dates to review the implementation of the
annual inspection protocols. The workgroup shall make recommendations
concerning improving the inspection protocols. The workgroup shall
be composed of representatives from the various departments within
the California Health and Human Services Agency, legislative staff,
stakeholders representing providers of all facility types, and
stakeholders representing consumers of all facility types. The
department shall include the discussion and conclusions of the
workgroup as well as a thorough description, data, and evaluation of
the annual inspection protocols in its annual report to both the
Senate and Assembly budget subcommittees that oversee the licensing
of care facilities by the department.
