Today's Law As Amended

PDF |Add To My Favorites | print page

AB-1571 Residential care facilities for the elderly: licensing and regulation.(2013-2014)



SECTION 1.

 Section 1569.15 of the Health and Safety Code is amended to read:

1569.15.
 (a) Any person seeking a license for a residential care facility for the elderly under this chapter shall file with the department, pursuant to regulations, an application on forms furnished by the department, that shall include, but not be limited to, all of the following:
(1) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and of rules and regulations adopted under this chapter by the department.
(2) Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1569.17, employment history, and character references. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the individuals or entities holding a beneficial ownership interest of 10 percent or more, and the person who has operational control of the residential care facility for the elderly for which the application for issuance of license or special permit is made. Notwithstanding anything in this section, an applicant or licensee is not required to disclose the names of investors in a publicly traded company or investment fund if those investors are silent investors who do not have influence or control over operations of the company, fund, or facility. The applicant shall disclose whether the licensee is a for-profit or not-for-profit provider, the names and license numbers of other facilities owned, managed, or operated by the same licensee, and the names and addresses of any persons or organizations listed as owner of record in the real estate, including the buildings and grounds appurtenant to the buildings. 
(3) If applicable, the following information:
(A) Whether it is a for-profit or not-for-profit provider.
(B) The name, address, license number, and licensing agency name of other health, residential, or community care facilities owned, managed, or operated by the same applicant or by any parent organization of the applicant.
(C) The name and business address of any person or entity that controls, as defined in Section 1569.2, the applicant.
(D) If part of a chain, as defined in Section 1569.2, a diagram indicating the relationship between the applicant and the persons or entities that are part of the chain, including those that are controlled by the same parties, and in a separate list, the name, address, and license number, if applicable, for each person or entity in the diagram.
(E) The name and address of any persons, organizations, or entities that own the real property on which the facility seeking licensure and the licensed facilities described in subparagraph (B) are located.
(F) The name and address of any management company serving the facility and the same information required of applicants in subparagraphs (C) and (D) for the management company.
(4) (3)  Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this chapter.
(5) (4)  The name of the person with operational control of the applicant, such as the chief executive officer, general partner, owner or like party, and state that person’s  Disclosure of the applicant’s  prior or present service in California or any other state  as an administrator, chief executive officer,  general partner, director like role  corporate officer, or director  of, or as a person who has held or holds a beneficial ownership interest  of 10 percent or more in, any residential care facility for the elderly, in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500), or a similarly licensed facility in California or any other state within the past 10 years. facility, and the applicant’s history of compliance with the requirements imposed under that license, applicable state and federal laws and regulations, and requirements governing the operators of those facilities. 
(6) The following information regarding the applicant and each individual or entity identified pursuant to paragraph (5):
(A) (5)  Any revocation, suspension, probation, exclusion order, or other similar administrative disciplinary action that was filed and sustained in California or any other state, or  Disclosure of any revocation or other disciplinary action taken, or  in the process of being adjudicated, against a facility associated with a person identified pursuant to paragraph (5) or by any authority responsible for the licensing of health, residential, or community care facilities within the past 10 years. taken, against a license held or previously held by the entities specified in paragraph (4). 
(B) Copies of final findings, orders, or both, issued by any health, residential, or community care licensing agency or any court relevant to the actions described in subparagraph (A).
(C) Any petition for bankruptcy relief filed within five years of the date of application involving operation or closure of a health, residential, or community care facility licensed in California or any other state, the court, date, and case number of the filing, and whether a discharge was granted. If a discharge was not granted, the applicant shall provide copies of any court findings supporting denial of discharge.
(7) (6)  Any other information as may be required by the department for the proper administration and enforcement of this chapter.
(8) (7)  Following the implementation of Article 7 (commencing with Section 1569.70), evidence satisfactory to the department of the applicant’s ability to meet regulatory requirements for the level of care the facility intends to provide.
(9) (8)  Evidence satisfactory to the department of adequate knowledge of supportive services and other community supports that may be necessary to meet the needs of elderly residents.
(10) (9)  A signed statement that the person desiring issuance of a license has read and understood the residential care facility for the elderly statute and regulations.
(11) (10)  Designation by the applicant of the individual who shall be the administrator of the facility, including, if the applicant is an individual, whether or not the applicant licensee  shall also be the administrator.
(12) (11)  Evidence  Each applicant shall disclose to the department evidence  of the right of possession of the facility prior to  at  the time the license application  is granted, which may be satisfied by the submission of a copy of the entire  applicable portions of a  lease agreement or deed. deed of trust. The names and addresses of any persons or organizations listed as owners of record in the real estate, including the buildings and the grounds appurtenant to the buildings, shall be disclosed to the department. 
(13) (12)   Evidence of successfully completing a certified prelicensure education program pursuant to Section 1569.23.
(14) (13)  For any facility that promotes or advertises or plans to promote or advertise special care, special programming, or special environments for persons with dementia, disclosure to the department of the special features of the facility in its plan of operation.
(b) The department shall cross-check all  All  applicant information disclosed pursuant to paragraph (5) (4)  of subdivision (a), if electronically available, (a) shall be cross-checked  with the State Department of Public Health to determine if the applicant has a prior history of operating, holding a position in, or having ownership in, any entity specified in paragraph (5) (4)  of subdivision (a).
(c) Failure of the applicant to cooperate with the licensing agency in the completion of the application may shall  result in the denial of the application. Failure to cooperate means that the information described in this section and in the regulations of the department has not been provided, or has not been provided in the form requested by the licensing agency, or both.
(d) The information required by this section shall be provided to the department upon initial application for licensure, and any change in the information shall be provided to the department within 30 calendar days of that change unless a shorter timeframe is required by the department. A licensee of multiple facilities may provide a single notice of changes to the department on behalf of all licensed facilities within the chain. Information pertaining to facilities operated in other states may be updated on an annual basis, except for the following information: change. 
(1) Information specified in paragraph (6) of subdivision (a) shall be updated within 30 calendar days of the change.
(2) Information specified in subparagraph (B) of paragraph (3) of subdivision (a) shall be updated within six months after the change.
(e) An applicant or licensee shall maintain an email address of record with the department. The applicant or licensee shall provide written notification to the department of the email address and of any change to the email address within 10 business days of the change.
(f) (e)  (1) The department may shall  deny an application for licensure or may subsequently revoke a license under this chapter if the applicant knowingly withheld material information or  on the grounds that the applicant knowingly  made a false statement of material  fact with regard to information that was required by the application for licensure.
(2) The department may deny an application for licensure or may subsequently revoke a license under this chapter if the  on the grounds that the  applicant did not disclose administrative disciplinary  enforcement  actions on the application as required by paragraph (6) (5)  of subdivision (a).
(3) In addition to the remedies provided under this chapter, the department may, subsequent to licensure, assess a civil penalty of one thousand dollars ($1,000) for a material violation of this section.

SEC. 2.

 Section 1569.356 is added to the Health and Safety Code, to read:

1569.356.
 (a) By July 1, 2015, the department shall post on its Internet Web site residential care facility for the elderly profiles, with data, including, but not limited to, all of the following:
(1) The name, address, and telephone number of the licensed providers, the status of the license, and the facility capacity.
(2) Aggregate information on each facility, including, for each of the previous five years, the number of site visits and inspections, the number of substantiated and inconclusive complaint allegations filed against the facility, and the number and type of citations assessed against the facility.
(3) Department actions, including license suspensions, revocations, and probations.
(b) The department shall actively seek technologies that enable it to post the following information on its Internet Web site, or if none exist, upon completion of a new community care licensing data system, the department shall post on its Internet Web site all of the following information:
(1) The name, address, and telephone number of the licensed providers, including the owner and the licensee, the number of licensed beds in the facility, including the number of nonambulatory beds, whether the facility is permitted to provide hospice care services, whether the facility has a special care unit or program for people with Alzheimer’s disease and other dementias and has a delayed egress or secured perimeter system in place, and information required pursuant to Section 1569.15.
(2) Complaints, including the nature of the complaint, results of the complaint investigation, actions taken, and the dates that the complaint was received, investigated, and closed.
(3) Violations assessed, including the type of deficiency, status of the violation, the facility’s plan of correction, when the corrections were completed, information as to whether an appeal has been filed, whether fines were assessed and the amount collected, and whether a deficiency was dismissed on appeal.
(4) Facility inspection reports and plans of correction, including findings of the most recent inspection report and the date that the inspection was conducted.
(c) Any resolution of an appeal pertaining to a violation or complaint shall be updated in a timely manner.
(d) Upon completion of a new community care licensing data system, or as soon as the current system permits, each licensee of a residential care facility for the elderly shall submit a profile of resident characteristics to the department on an annual basis, including, but not limited to, the number of residents in the facility who are bedridden, nonambulatory, receiving hospice care, have one or more allowable health conditions, have one or more restricted or prohibitive health conditions, or have dementia. The department shall include this information on the facility profile and on the online consumer information system annually.
(e) By July 1, 2019, the department shall develop and implement a ratings system designed to allow consumers to compare residential care facilities for the elderly.
(1) At a minimum, the ratings system shall be updated to reflect the most recent inspection report, as required by Section 1569.33.
(2) The ratings shall be based on a facility’s inspection, and other factors as determined by the department in consultation with stakeholders.
(f) It is the intent of the Legislature that the department, in developing and establishing the system pursuant to this section, shall work with stakeholder groups, including consumer organizations.
(g) In implementing this section, the department shall ensure the confidentiality of personal and identifying information of residents and employees and shall not disclose this information through the consumer information service system developed pursuant to this section.

SEC. 3.

 Section 1569.501 is added to the Health and Safety Code, immediately following Section 1569.50, to read:

1569.501.
 (a) The department may deny an application for licensure under this chapter on the grounds that the applicant has a history of noncompliance with the requirements imposed upon any residential care facility for the elderly license, any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500), or a similarly licensed facility in another state, applicable state and federal laws and regulations, and the requirements governing the operators of those facilities.
(b) This section applies to an applicant that is or was an administrator, general partner, corporate officer, or director of, or is a person who has held or holds a beneficial ownership of 10 percent or more in, any residential care facility for the elderly, in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500), or a similarly licensed facility in another state.

SEC. 4.

 Section 1569.618 of the Health and Safety Code is amended to read:

1569.618.
 (a)   The administrator designated by the licensee pursuant to paragraph (11) of subdivision (a) of Section 1569.15 shall be present at the facility during normal working hours. A facility manager designated by the licensee with notice to the department, shall be responsible for the operation of the facility when the administrator is temporarily absent from the facility.
(b) At least one administrator, facility manager, or designated substitute who is at least 21 years of age and has qualifications adequate to be responsible and accountable for the management and administration of the facility pursuant to Title 22 of the California Code of Regulations shall be on the premises 24 hours per day. The designated substitute may be a direct care staff member who shall not be required to meet the educational, certification, or training requirements of an administrator. The designated substitute shall meet qualifications that include, but are not limited to, all of the following:
(1) Knowledge of the requirements for providing care and supervision appropriate to each resident of the facility.
(2) Familiarity with the facility’s planned emergency procedures.
(3) Training to effectively interact with emergency personnel in the event of an emergency call, including an ability to provide a resident’s medical records to emergency responders.
(c) The facility shall employ, and the administrator shall schedule, a sufficient number of staff members to do all of the following:
(1) Provide the care required in each resident’s written record of care as described in Section 1569.80.
(2) Ensure the health, safety, comfort, and supervision of the residents.
(3) Ensure that at least one staff member who has cardiopulmonary resuscitation (CPR) training and first aid training is on duty and on the premises at all times. This paragraph shall not be construed to require staff to provide CPR.
(4) Ensure that the facility is clean, safe, sanitary, and in good repair at all times.
(d) (b)   “Facility manager” means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a residential care facility for the elderly and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, he or she shall be limited to the administration and management of only one facility.
SEC. 5.
 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.