Bill Text: CA SB799 | 2011-2012 | Regular Session | Amended
Bill Title: Long-term care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB799 Detail]
Download: California-2011-SB799-Amended.html
BILL NUMBER: SB 799 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 30, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2011
An act to amend Section 1420 of the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 799, as amended, Negrete McLeod. Long-term care.
Existing law provides for the licensing and regulation of health
facilities by the State Department of Public Health.
Existing law, the Long-Term Care, Health, Safety, and Security Act
of 1973, in part, requires the department to investigate complaints
relating to long-term health facilities, as defined.
This bill would require the department, with certain exceptions,
to complete its investigation within 90 working days. The bill would
require the department to assess its compliance with this requirement
in prescribed annual reports to the Legislature. The bill would
also require the department to apply the timeframes for
investigation or inspection when a report is made by a facility of an
alleged violation of applicable requirements of state or federal law
or any alleged facts that might constitute a violation of
those requirements.
Existing law authorizes a complainant who is dissatisfied with the
department's inspection or investigation to, within 5 business days,
notify the director in writing of his or her request for an informal
conference.
This bill would change that time period from 5 business days to 15
working days.
Existing law requires a miniexit conference to be held with the
administrator or his or her representative upon leaving the facility
at the completion of the investigation to inform him or her of the
status of the investigation.
This bill would, instead, require a miniexit conference to be held
upon leaving the facility and at the completion of the
investigation.
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 1420 of the Health and Safety Code is amended
to read:
1420. (a) (1) Upon receipt of a written or oral complaint, the
state department shall assign an inspector to make a preliminary
review of the complaint and shall notify the complainant within two
working days of the receipt of the complaint of the name of the
inspector. Unless the state department determines that the complaint
is willfully intended to harass a licensee or is without any
reasonable basis, it shall make an onsite inspection or investigation
within 10 working days of the receipt of the complaint. In any case
in which the complaint involves a threat of imminent danger of death
or serious bodily harm, the state department shall make an onsite
inspection or investigation within 24 hours of the receipt of the
complaint. In any event, the complainant shall be promptly informed
of the state department's proposed course of action and of the
opportunity to accompany the inspector on the inspection or
investigation of the facility. Upon the request of either the
complainant or the state department, the complainant or his or her
representative, or both, may be allowed to accompany the inspector to
the site of the alleged violations during his or her tour of the
facility, unless the inspector determines that the privacy of any
patient would be violated thereby.
(2) When conducting an onsite inspection or investigation pursuant
to this section, the state department shall collect and evaluate all
available evidence and may issue a citation based upon, but not
limited to, all of the following:
(A) Observed conditions.
(B) Statements of witnesses.
(C) Facility records.
(3) The department shall complete its investigation within 90
working days from receipt of the complaint and the department shall
issue a citation within the mandatory timeframes established pursuant
to Section 1423, including, but not limited to, serving the citation
upon the licensee within three days after completion of the
investigation, excluding Sundays and holidays, unless the licensee
agrees in writing to an extension of time. The 90-working-day period
may be extended if the department has exercised reasonable diligence
in attempting to, but has not been able to, obtain all necessary
evidence related to the investigation. The department shall analyze
its compliance with this requirement in its annual system and
staffing analysis prepared pursuant to subparagraph (B) of paragraph
(2) of subdivision (d) of Section 1266.
(4) Within 10 working days of the completion of the complaint
investigation, the state department shall notify the complainant and
licensee in writing of the department's determination as a result of
the inspection or investigation.
(b) Upon being notified of the state department's determination as
a result of the inspection or investigation, a complainant who is
dissatisfied with the state department's determination, regarding a
matter which would pose a threat to the health, safety, security,
welfare, or rights of a resident, shall be notified by the state
department of the right to an informal conference, as set forth in
this section. The complainant may, within 15 working 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
long-term health care facility which is the subject of the complaint
is located. The long-term health care facility 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 subdivision (c).
(c) If the complainant is dissatisfied with the determination of
the director's designee in 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 Licensing
and Certification Division of the state department, who shall assign
the request to a representative of the Complainant Appeals Unit for
review of the facts that led to both determinations. As a part of the
Complainant Appeals Unit's independent investigation, and at the
request of the complainant, the representative shall interview the
complainant in the district office where the complaint was initially
referred. Based upon this review, the Deputy Director of the
Licensing and Certification Division of the state department shall
make his or her own determination and notify the complainant and the
facility within 30 days.
(d) Any citation issued as a result of a conference or review
provided for in subdivision (b) or (c) shall be issued and served
upon the facility within three working days of the final
determination, unless the licensee agrees in writing to an extension
of this time. Service shall be effected either personally or by
registered or certified mail. A copy of the citation shall also be
sent to each complainant by registered or certified mail.
(e) A miniexit conference shall be held with the administrator or
his or her representative upon leaving the facility and at the
completion of the investigation to inform him or her of the status of
the investigation. The department shall also state the items of
noncompliance and compliance found as a result of a complaint and
those items found to be in compliance, provided the disclosure
maintains the anonymity of the complainant. In any matter in which
there is a reasonable probability that the identity of the
complainant will not remain anonymous, the state department shall
also notify the facility that it is unlawful to discriminate or seek
retaliation against a resident, employee, or complainant.
(f) For purposes of this section, "complaint" means any oral or
written notice to the state department, other than a report from the
facility of an alleged violation of applicable requirements of state
or federal law or any alleged facts that might constitute such a
violation.
(g) The department shall apply the timeframes for investigation or
inspection established pursuant to this section when a report is
made by a facility of an alleged violation of applicable requirements
of state or federal law or any alleged facts that might constitute a
violation of those requirements.
