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AB-1436 Community care facilities.(2013-2014)

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AB1436:v97#DOCUMENT

Amended  IN  Assembly  April 22, 2014
Amended  IN  Assembly  February 18, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1436


Introduced by Assembly Member Waldron
(Principal coauthor: Assembly Member Atkins)
(Coauthors: Assembly Members Chávez, Jones, and Maienschein
(Coauthors: Senators Block and Vidak)

January 06, 2014


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1436, as amended, Waldron. Community care facilities.
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 residential care facility for the elderly be subject to unannounced visits by the department, that reports on the results of each inspection, evaluation, or consultation shall be kept on file by the department, and that all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to the public.
This bill would require the department to post, on the department’s Internet Web site, all inspection reports, consultation reports, lists of deficiencies violations, and plans of correction. This bill would also require the department to post a licensee’s appeal, if any, and if the department dismisses a notice of deficiency that deficiency shall be removed from the department’s Internet Web site or otherwise indicate that the deficiency has been dismissed. on the department’s Internet Web site the number and nature of complaints filed against a facility within each calendar year, including whether a complaint is undergoing investigation, whether it has been substantiated or unsubstantiated, and whether it has been found to be inconclusive.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 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) 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.
(f) 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, violations, and plans of correction shall be open to public inspection and posted on the department’s Internet Web site. The Internet Web site posting shall include the licensee’s appeal, if any, pursuant to Section 87763 of Title 22 of the California Code of Regulations. If upon appeal the department dismisses a notice of deficiency, that deficiency shall be immediately removed from the Internet Web site posting or otherwise indicate that the deficiency has been dismissed. The department shall also post on the department’s Internet Web site the number and nature of complaints filed against a facility within each calendar year, including whether a complaint is undergoing investigation, whether it has been substantiated or unsubstantiated, and whether it has been found to be inconclusive. The department shall redact all personally identifiable information of residents prior to the posting of information pursuant to this subdivision.
(g) As a part of the department’s evaluation process, the department shall review the plan of operation, training logs, and marketing materials of a 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.