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 ASSEMBLY  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  JUNE 24, 2014
	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   Sections 
1569.33  and 1569.335  of, and to add Section 1569.331 to,
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.   elderly. 

   Existing 
    (1)     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. Violation of
these provisions is a misdemeanor. 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 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 require residential care facilities for the
elderly to remedy the deficiencies within 10 days of the
notification, except as  specified, and would provide that a
violation of this provision is not a misdemeanor under the act.
  specified. By expanding the scope of a crime, this
bill would impose a state-mandated local program.  The bill
would require the department to post on its Internet Web site
information on how to obtain an inspection report, and would state
the intent of the Legislature that the department make inspection
reports available on its Internet Web site by January 1, 2020.
   The bill would also require the department to design, or cause to
be designed, a poster that contains information on the appropriate
reporting agency in case of a complaint or emergency. The bill would
require a residential care facility for the elderly to post this
poster in the main entry way of its  facility, and would
provide that a violation of this provision is not a misdemeanor under
the act, but may be subject to civil penalties.  
facility. By expanding the scope of a crime, this bill would impose a
state-mandated local program.  
   Existing 
    (2)     Existing  law states the
intent of the Legislature that increased staffing and funding
resources for the State Department of Social Services Community Care
Licensing Division (CCLD) appropriated in the Budget Act of 2014 be
used to enhance the CCLD's structure and improve its operations.
Existing law also states the intent of the Legislature to increase
the frequency of facility inspections resulting in annual inspections
for some or all facility types, including residential care
facilities for the elderly. Existing law requires the State
Department of Social Services, during the 2015-16 legislative budget
subcommittee hearings, to update the Legislature on the status of the
structural and quality enhancement improvements.
   This bill would require the department to also report the
projected costs of conducting annual inspections of residential care
facilities for the elderly beginning January 1, 2018. 
   (3) Existing law requires the department to notify affected
placement agencies and the Office of the State Long-Term Care
Ombudsman whenever the department substantiates that a violation has
occurred that poses a serious threat to the health and safety of any
resident when the violation results in the assessment of any penalty
or causes an accusation to be filed for the revocation of a license.
 
   This bill would additionally require the department to provide the
Office of the State Long-Term Care Ombudsman with a precautionary
notification if the department begins to prepare to issue a temporary
suspension or revocation of any license.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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 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 years.

   (e) (1) 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.
   (2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the
deficiencies within 10 days of the notification.  A violation
of this paragraph is not subject to Section 1569.40. 
   (f) (1) 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.
   (2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.
   (B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by January
1, 2020.
   (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.
   (h) (1) The department shall design, or cause to be designed, a
poster that contains information on the appropriate reporting agency
in case of a complaint or emergency.
   (2) Each residential care facility for the elderly shall post this
poster in the main entry way of its facility.  A violation
of this paragraph is not subject to Section 1569.40, but may be
subject to the civil penalties specified in Section 1569.49.

  SEC. 2.  Section 1569.331 is added to the Health and Safety Code,
to read:
   1569.331.  The Legislature hereby finds and declares that in order
to protect the health and safety of elders in care at residential
care facilities for the elderly, appropriate oversight and regulation
of residential care facilities for the elderly requires regular,
periodic inspections of these facilities in addition to
investigations in response to complaints. It is the intent of the
Legislature to increase the frequency of unannounced inspections
pursuant to Section 1569.33. In addition to the information that the
State Department of Social Services is required to report during the
2015-16 legislative budget subcommittee hearings pursuant to Section
85 of Chapter 29 of the Statutes of 2014, the department shall also
at that time report the projected costs of conducting annual
inspections of residential care facilities for the elderly beginning
January 1, 2018.
   SEC. 3.    Section 1569.335 of the   Health
and Safety Code   is amended to read: 
   1569.335.   (a)   The department shall 
notify affected placement agencies and   provide
the Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of Section 9701 of the Welfare and Institutions Code,
 whenever   with a precautionary notification
if the department begins to prepare to issue a temporary suspension
or   revocation of any license, so that the office may
properly prepare to provide advocacy services if a   nd when
necessary. 
    (b)     The department shall notify
affected public placement agencies and the Office of the State
Long-Term Care Ombudsman, whenever  the department substantiates
that a violation has occurred  which  that
 poses a serious threat to the health and safety of any resident
when the violation results in the assessment of any penalty or
causes an accusation to be filed for the revocation of a license.
 If 
      (c)     (1)   
 If  the violation is appealed by the facility within 10
days, the department shall only notify placement agencies of the
violation when the appeal has been exhausted.  If 
    (2)     If  the appeal process has not
been completed within 60 days, the placement agency shall be
notified with a notation  which   tha  
t  indicates that the case is still under appeal.  The

      (3)     The  notice to each
placement agency shall be updated monthly for the following 24-month
period and shall include the name and location of the facility, the
amount of the fine, the nature of the violation, the corrective
action taken, the status of the revocation, and the resolution of the
complaint.
   SEC. 4.    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.