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AB-940 Long-term health care facilities: notice.(2017-2018)

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Date Published: 05/18/2017 09:00 PM
AB940:v98#DOCUMENT

Amended  IN  Assembly  May 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 940


Introduced by Assembly Member Weber

February 16, 2017


An act to add Section 1439.6 to the Health and Safety Code, relating to long-term health care facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 940, as amended, Weber. Long-term health care facilities: notice.
Existing law provides for the licensure and regulation of long-term health care facilities by the State Department of Public Health. Existing law authorizes the department to issue citations for violations of those provisions that are classified according to the nature of the violation. Existing law authorizes a licensee to contest a citation or proposed assessment of a civil penalty under specified provisions.
This bill would require a long-term health care facility to notify the local long-term care ombudsman any time a resident is notified in writing of a transfer or discharge from the facility, as specified. The bill would provide that a failure to provide that notice would constitute a class B violation for purposes of a department-issued citation. The bill would authorize the department to impose additional penalties under those provisions if the failure to send the notice is intentional.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1439.6 is added to the Health and Safety Code, to read:

1439.6.
 Any time a resident is notified in writing of a transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman within 24 hours. The copy shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy shall be sent by first-class mail, postage prepaid. A facility’s failure to send the notice within 24 hours shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.