Bill Text: CA SB895 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Residential care facilities for the elderly.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 704, Statutes of 2014. [SB895 Detail]

Download: California-2013-SB895-Amended.html

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BILL NUMBER: SB 895	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  APRIL 23, 2014
	AMENDED IN SENATE  MARCH 26, 2014
	AMENDED IN SENATE  FEBRUARY 14, 2014

INTRODUCED BY   Senator Corbett

                        JANUARY 13, 2014

   An act to amend Section 1569.33 of the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 895, as amended, Corbett. Residential care facilities for the
elderly: unannounced visits.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly by the State Department of Social
Services. Existing law 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. Existing law requires the
department to conduct an annual unannounced visit under specified
circumstances, including when a license is on probation, and to
conduct annual unannounced visits to no less than 20% of the
facilities not subject to an evaluation under specified
circumstances. Existing law requires the department to notify the
residential care facility for the elderly in writing of all
deficiencies and to set a reasonable length of time for compliance by
the facility. Existing law requires inspection reports, consultation
reports, lists of deficiencies, and plans of correction to be open
to public inspection.
   This bill would instead require the department to  perform
these unannounced inspections at least   ensure that
each facility is inspected at least once every 3 years on or before
July 1, 2016, and at least once every 2 years on or before July 1,
2017, and at least  once each year  and  
on or before July 1, 2018, and each year thereafter. The bill 
would authorize the department to conduct additional unannounced
inspections under specified circumstances. The bill would delete the
provisions requiring the department to conduct annual unannounced
visits to no less than 20% of the facilities and the provisions
requiring an unannounced visit no less often than once every 5 years.
The bill would require the department, with each  annual
 inspection, to conduct  a comprehensive 
 an  evaluation of  a   the 
facility for compliance with the laws and regulations governing
residential care facilities for the elderly. The bill would also
require the department to verify that a facility is in compliance no
later than 10 days after the notification of deficiencies in
compliance and would require inspection reports, consultation
reports, lists of deficiencies, and plans of correction to be open to
public inspection on the department's Internet Web site and in its
district offices.
   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 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 inspections by the
department. The department shall perform these unannounced
inspections  at least   according to the
following schedule: 
    (1)     On or before July 1, 2016, the
department shall ensure that each facility is inspected at least once
every three years and as   often as necessary to ensure the
quality of care provided. 
    (2)     On or before July 1, 2017, the
department shall ensure that each facility is inspected at least once
every two years and as often as necessary to ensure the quality of
care provided.
    (3)     On or before July 1, 2018, and each
year thereafter   , the department shall ensure that each
facility is inspected at least once each year and as often as
necessary to ensure the quality of care provided.  With

    (b)     With  each  annual
 inspection, the department shall conduct  a
comprehensive   an  evaluation of  a
  the  facility for compliance with the laws and
regulations governing residential care facilities for the elderly.

   (b) 
    (c)  The department may conduct additional unannounced
inspections 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 additional inspections.
   (3) When an accusation against a licensee is pending.
   (4) When a facility requires additional inspections 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) 
    (d)  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 verify that
the facility is in compliance no later than 10 days after the
notification. The 10-day compliance period may be extended up to an
additional 30 days if the department determines that the delay will
not adversely impact the health, safety, and security of facility
residents. 
   (d) 
    (e)  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 on the department's Internet Web site and in its district
offices. 
   (e) 
    (f)  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.