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  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
 , 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   perform these unannounced
inspections  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, with each  annual  inspection,
to  evaluate   conduct a comprehensive
evaluation of  a facility for compliance with  all
  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 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 inspections by the
department. The department shall  inspect these facilities
  perform these unannounced inspections  at least
once each year and as often as necessary to ensure the quality of
care provided. With each  annual  inspection, the department
shall  evaluate   conduct a comprehensive
evaluation of  a facility for compliance with  all
  the  laws and regulations governing residential
care facilities for the elderly.
   (b) 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) 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) 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.
   (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.