Today's Law As Amended


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AB-1454 Care facilities: regulatory visits.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 1534 of the Health and Safety Code is amended to read:

1534.
 (a) (1) (A) Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B) Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2) (a)  (A) (1)  The department may inspect Every licensed community care facility 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) (A)  The department shall conduct an annual unannounced inspection of visit to  a facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan require an annual inspection. evaluation. 
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual inspection visit  as a condition of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C) On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i) Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under subparagraph (B).
(ii) The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii) These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv) The department shall inspect a licensed community care facility at least once every three years.
(D) On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i) The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, which are not subject to an inspection under subparagraph (B).
(ii) (B)  (i)  These inspections  On or before July 1, 2015, the department shall conduct annual unannounced visits to no less than 30 percent of facilities that are not subject to an evaluation pursuant to subparagraph (A). These unannounced visits  shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed community care facility less often than once every three years. 
(iii) The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E) On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F) On and after January 1, 2018, all of the following shall apply:
(i) Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies not subject to an inspection under subparagraph (B).
(ii) The department shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii) (ii)  The inspections in clauses (i) and (ii) shall  On or before July 1, 2016, the department shall conduct annual unannounced visits to no less than 20 percent of facilities that are not subject to an evaluation pursuant to subparagraph (A). These unannounced visits shall  be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed community care facility less often than once every two years. 
(iv) (C)  The  On and after July 1, 2017, the  department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies, and announced inspections of foster family homes, at least once every two years. at least one annual unannounced visit to each licensed community care facility. 
(3) (D)  In order to facilitate direct contact with group home or short-term residential therapeutic program  clients, the department may interview children who are clients of group homes or short-term residential therapeutic programs  at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or  nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4) (2)  The department shall notify the community care facility 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.
(5) (3)  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.
(b) (1) This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2) (A) A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B) In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i) When a certified family home is on probation.
(ii) When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii) When an accusation against a certified family home is pending.
(iv) When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3) (2)  Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified  family home. The certified parent or prospective foster parent  family home  shall be afforded the due process provided pursuant to this chapter.
(4) (3)  If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the department’s action and of the certified or prospective foster parent’s right to a hearing.
(5) (4)  Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the department’s decision with the department. The department’s action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6) (5)  The department’s order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7) (6)  A certified or prospective foster parent who files a written appeal of the department’s order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8) (7)  Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(9) (8)  The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550,  section,  enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, forfeiture,  surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10) (9)  A foster family agency’s failure to comply with the department’s order to deny or revoke the certificate of approval employment  by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c) This section shall become operative on January 1, 2017.

SEC. 2.

 Section 1569.20 of the Health and Safety Code is amended to read:

1569.20.
 Upon the filing of the application for issuance of an initial license, the department shall, within five working days of the filing, make a determination regarding the completeness of the application. If the application is complete, the department shall immediately request a fire clearance and notify the applicant to arrange a time for the department to conduct a prelicensure inspection. survey.  If the department determines that an application is for licensure of a currently licensed facility for which there is  will be  no material change to the management or operations of the facility, the prelicensure inspection survey  is optional at the discretion of the department. If the application is incomplete, the department shall notify the applicant and request the necessary information. Within 60 days of making a determination that the file is complete, the department shall make a determination whether the application is in compliance with this chapter and the rules and regulations of the department and shall either immediately issue the license or notify the applicant of the deficiencies. The notice shall specify whether the deficiencies constitute denial of the application or whether further corrections for compliance will likely result in approval of the application.

SEC. 3.

 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 visits  by the department. The department shall inspect visit  these facilities as often as necessary to ensure the quality of care provided.
(b) The department shall conduct an annual unannounced inspection 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 inspection. evaluation. 
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual inspection 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) On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(c)  (1) The  On or before July 1, 2015, the  department shall conduct annual unannounced inspections of visits to  no less than 30 percent of residential care facilities for the elderly  facilities that are  not subject to an inspection under subdivision (b). evaluation pursuant to subdivision (b). These unannounced visits shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed residential care facility for the elderly less often than once every three years. 
(2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(3) The department shall inspect a residential care facility for the elderly at least once every three years.
(d) On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(1) (2)  The  On or before July 1, 2016, the  department shall conduct annual unannounced inspections of visits to  no less than 20 percent of residential care facilities for the elderly  facilities that are  not subject to an evaluation under subdivision (b). pursuant to subdivision (b). These unannounced visits shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed residential care facility for the elderly less often than once every two years. 
(2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(3) The department shall inspect a residential care facility for the elderly at least once every two years.
(e) (d)  On and after January July  1, 2019, 2017,  the department shall conduct at least one  annual unannounced inspections of all  visit to each licensed  residential care facilities facility  for the elderly.
(f) (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. chapter, and shall set a reasonable length of time for compliance by the facility. 
(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.
(g) (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.
(h) (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.
(i) (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 entryway of its facility.
(j) This section shall become operative on January 1, 2017.

SEC. 4.

 Section 1597.09 of the Health and Safety Code is amended to read:

1597.09.
 (a) Each licensed child day care center shall be subject to unannounced inspections visits  by the department. The department shall inspect visit  these facilities as often as necessary to ensure the quality of care provided.
(b) The department shall conduct an annual unannounced inspection of visit to  a licensed child day care center 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 inspection. evaluation. 
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a child day care center by the department is no longer at the facility.
(c) (1) The  On or before July 1, 2015, the  department shall conduct an annual unannounced inspection of visit to  no less than 30 percent of facilities not subject to an evaluation under subdivision (b). pursuant to subdivision (b). These unannounced visits shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed child day care center less often than once every three years. 
(2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(d) The department shall inspect a licensed child day care center at least once every three years.
(e) (2)  It is the intent of the Legislature to achieve annual inspections for  On or before July 1, 2016, the department shall conduct annual unannounced visits to no less than 20 percent of the  licensed child day care centers governed by this section on or before July 1, 2021. that are not subject to an evaluation pursuant to subdivision (b). These unannounced visits shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed child day care center less often than once every two years. 
(d) On and after July 1, 2017, the department shall conduct at least one annual unannounced visit to each licensed child day care center.

SEC. 5.

 Section 1597.55a of the Health and Safety Code is amended to read:

1597.55a.
 (a)  Every licensed  family day care home shall be subject to unannounced inspections visits  by the department, department  as provided in this section. The department shall inspect visit  these facilities as often as necessary to ensure the quality of care provided.
(b) (a)  The department shall conduct an announced site inspection visit  prior to the initial licensing of the applicant.
(c) (b)  The department shall conduct an annual unannounced inspection of visit to  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 inspection. evaluation. 
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a family day care home by the department is no longer at the facility.
(d) (c)  (1) The  On or before July 1, 2015, the  department shall conduct annual unannounced inspections of visits to  no less than 30 percent of facilities that are  not subject to an inspection under subdivision (c). evaluation pursuant to subdivision (b). These unannounced visits shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed family day care home less often than once every three years. 
(2) These unannounced inspections On or before July 1, 2016, the department shall conduct annual unannounced visits to no less than 20 percent of the licensed family day care homes that are not subject to an evaluation pursuant to subdivision (b). These unannounced visits  shall be conducted based on a random sampling methodology developed by the department. Under no circumstance shall the department visit a licensed family day care home less often than once every two years. 
(e) (d)  The department shall inspect a licensed family day care home at least once every three years. On and after July 1, 2017, the department shall conduct at least one annual unannounced visit to each licensed family day care home. 
(f) (e)  A public agency under contract with the department may make spot checks if it does not result in any cost to the state. However, spot checks shall not be required by the department.
(g) (f)  The department or licensing agency shall make an unannounced site inspection visit  on the basis of a complaint and a followup inspection, visit  as provided in Section 1596.853.
(h) (g)  An unannounced site inspection visit  shall adhere to both of the following conditions:
(1) The inspection visit  shall take place only during the facility’s normal business hours or at any time family day care services are being provided.
(2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.
(i) (h)  The department shall implement this section during periods that Section 1597.55b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code.
(j) It is the intent of the Legislature to achieve annual inspections for licensed family day care homes and facilities governed by this section on or before July 1, 2021.