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SB-345 Residential care facilities for the elderly: placement agencies.(2019-2020)

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Date Published: 02/19/2019 09:00 PM
SB345:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 345


Introduced by Senator Galgiani

February 19, 2019


An act to amend Section 1569.47 of the Health and Safety Code, relating to residential care facilities for the elderly.


LEGISLATIVE COUNSEL'S DIGEST


SB 345, as introduced, Galgiani. Residential care facilities for the elderly: placement agencies.
Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law makes it a misdemeanor for a placement agency, as defined, to place an individual in a licensed residential care facility for the elderly when the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility.
This bill would also make it a misdemeanor for an employee of a placement agency to place an individual in a licensed residential care facility for the elderly when the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1569.47 of the Health and Safety Code is amended to read:

1569.47.
 (a)  “Placement agency” means any a county welfare department, county social service department, county mental health department, county public guardian, general acute care hospital discharge planner or coordinator, state-funded program or private agency providing placement or referral services, conservator pursuant to Part 3 (commencing with Section 1800) of Division 4 of the Probate Code, conservator pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, and regional center for persons with developmental disabilities which that is engaged in finding homes or other places for the placement of elderly persons for temporary or permanent care.
(b)  A placement agency or employee of a placement agency shall not place individuals an individual in licensed residential care facilities for the elderly when the individual, because of his or her a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. Violation of this subdivision is a misdemeanor.
(c)  A placement agency or employee of a placement agency shall not place, refer, or recommend placement of a person in a facility providing care and supervision, or protective supervision, unless the facility is licensed as a residential care facility for the elderly or is exempt from licensing under Section 1569.145. Violation of this subdivision is a misdemeanor.
(d)  Any An employee of a placement agency who knows, or reasonably suspects, that a facility which that is not exempt from licensing is operating without a license shall report the name and address of the facility to the department. Failure to report as required by this subdivision is a misdemeanor.
(e)  The department shall investigate any report filed under subdivision (d). If the department has probable cause to believe that the facility which that is the subject of the report is operating without a license, the department shall investigate the facility within 10 days after receipt of the report.
(f)  A placement agency shall notify the appropriate licensing agency of any known or suspected incidents which that would jeopardize the health or safety of residents in a residential care facility for the elderly. Reportable incidents include, but are not limited to, all of the following:
(1)  Incidents An incident of physical abuse.
(2)  Any A violation of personal rights.
(3)  Any A situation in which a facility is unclean, unsafe, unsanitary, or in poor condition.
(4)  Any A situation in which a facility has insufficient personnel or incompetent personnel on duty.
(5)  Any A situation in which residents experience mental or verbal abuse.

SEC. 2.

 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.