Bill Text: CA SB1153 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Residential care facilities for the elderly.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 706, Statutes of 2014. [SB1153 Detail]

Download: California-2013-SB1153-Chaptered.html

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BILL NUMBER: SB 1153	CHAPTERED
	BILL TEXT

	CHAPTER  706
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2014
	PASSED THE SENATE  MAY 1, 2014
	PASSED THE ASSEMBLY  AUGUST 19, 2014
	AMENDED IN SENATE  APRIL 10, 2014

INTRODUCED BY   Senator Leno
   (Coauthors: Senators Block, Correa, and Wolk)
   (Coauthors: Assembly Members Ammiano, Brown, Maienschein, Ting,
and Yamada)

                        FEBRUARY 20, 2014

   An act to add Section 1569.545 to the Health and Safety Code,
relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1153, Leno. 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. Violation of these provisions is a misdemeanor.
Existing law authorizes the department to deny an application for a
license or suspend or revoke a license issued by the department under
specified circumstances.
   This bill would authorize the department to order a suspension of
new admissions prohibiting a residential care facility for the
elderly from admitting new residents if the facility has failed to
pay a fine assessed by the department or if the department finds that
the facility has violated applicable laws or regulations and the
violation presents a direct or immediate risk to the health, safety,
or personal rights of a resident or residents of the facility and is
not corrected immediately. The bill would authorize a licensee to
appeal the suspension and would require the department to adopt
regulations that specify the appeal procedure. 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.545 is added to the Health and Safety
Code, to read:
   1569.545.  (a) For purposes of this section, "suspension of new
admissions" means a prohibition on admitting new residents to receive
care or services in the facility.
   (b) The department may order a suspension of new admissions for a
facility in either of the following circumstances:
   (1) The department finds that the facility has violated this
chapter or any applicable regulations, the violation presents a
direct and immediate risk to the health, safety, or personal rights
of a resident or residents of the facility, and the violation is not
corrected immediately.
   (2) The facility has failed to pay a fine assessed by the
department after the facility's appeal rights have been exhausted.
   (c) A suspension of new admissions for a failure to pay a fine, as
described in paragraph (2) of subdivision (b), shall remain in
effect until the facility pays the fine assessed by the department.
   (d) A suspension of new admissions under paragraph (1) of
subdivision (b) shall remain in effect until the department
determines that the facility has corrected the violation. The
department shall conduct a followup visit to determine compliance
within 10 working days following the latest date of correction
specified in the notice of deficiency, unless the licensee has
demonstrated that the deficiency was corrected as required in the
notice. The department may make unannounced visits after the
suspension of new admissions is lifted to ensure that the facility
continues to maintain correction of the violation. The department may
order another suspension of new admissions or take other appropriate
enforcement action if the facility does not maintain correction of
the violation.
   (e) A licensee may appeal a suspension of new admissions ordered
under this section to the director. The department shall adopt
regulations that specify the appeal procedure.
   (f) A suspension of new admissions ordered under this section
shall not be stayed pending the facility's appeal or request for
review.
  SEC. 2.  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.