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

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-Introduced.html

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BILL NUMBER: SB 895	INTRODUCED
	BILL TEXT


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 introduced, 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, as specified. 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 inspect these
facilities at least once each year and 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 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 or 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  visits 
 inspections  by the department. The department shall
 visit   inspect  these facilities  at
least once each year and  as often as necessary to ensure the
quality of care provided.
   (b) The department  shall conduct an annual unannounced
visit   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  an annual evaluation.   additional
inspections. 
   (3) When an accusation against a licensee is pending.
   (4) When a facility requires  an annual visit 
 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) (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) 
    (c)  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. 
 verify that the facility is in compliance no later than 10 days
after the notification.  
   (f) 
    (d)  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 or its district
offices  . 
   (g) 
    (e)  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.