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AB-1766 Licensed adult residential facilities and residential care facilities for the elderly: data collection: residents with a serious mental disorder.(2019-2020)

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Date Published: 08/04/2020 09:00 PM
AB1766:v95#DOCUMENT

Amended  IN  Senate  August 04, 2020
Amended  IN  Senate  July 08, 2020
Amended  IN  Senate  June 27, 2019
Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1766


Introduced by Assembly Member Bloom

February 22, 2019


An act to add Section 1501.2 Sections 1501.2 and 1569.607 to the Health and Safety Code, relating to adult residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1766, as amended, Bloom. Licensed adult residential facilities and residential care facilities for the elderly: data collection: residents with a serious mental disorder.
The California Community Care Facilities Act provides for the licensure and regulation of community care facilities by the State Department of Social Services, including various adult residential facilities, as described. The act includes legislative findings and declarations that there is an urgent need to establish a coordinated and comprehensive statewide service of quality community care for the mentally ill, the developmentally and physically disabled, and children and adults who require care or services. Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the department and expresses the intent of the Legislature to require that those facilities be licensed as a separate category within the existing licensing structure of the department.
This bill would require the department to report send a list to each county’s department of mental health or behavioral health, beginning January 1, 2021, and quarterly thereafter, data regarding thereafter, of licensed adult residential facilities, facilities and residential care facilities for the elderly, as described, including all licensed adult residential facilities for of those facilities in the county that meet specified criteria and serve residents with a serious mental disorder, as defined, and the number of licensed beds at each facility. The bill would require the department, beginning May 1, 2021, and quarterly thereafter, to publicly report data regarding the list of licensed adult residential facilities and residential care facilities for the elderly that closed permanently in the prior quarter, as specified. The bill would require the department to notify the county mental or behavioral health department within 3 business days upon receiving notice that a licensed adult residential facility or residential care facility for the elderly intends to close permanently. The bill would also require, beginning no later than January 1, 2022, the department to report annually, and and, no later than January 1, 2023, to post on the department’s internet website in a searchable format, data from licensed adult residential facilities and residential care facilities for the elderly regarding, among other things, the total number of residents that had a serious mental disorder, the number of residents were homeless at any time in the 12 months prior to admission, and the destination for all residents with a serious mental disorder who exited during the previous 12 months, if known. The bill would authorize the department to contract with a third party that specializes in creating a searchable database to create a searchable database for these purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1501.2 is added to the Health and Safety Code, to read:

1501.2.
 (a) Beginning January 1, 2021, and quarterly thereafter, the State Department of Social Services shall report send a list of the following to each county’s department of mental health or behavioral health the following data for the county: health:
(1) All licensed adult residential facilities in the county that are a regional center vendor within the regional center system administered by the State Department of Developmental Services and the number of licensed beds at each facility.
(2) All licensed adult residential facilities for in the county that accept the federal supplemental security rate and serve residents with a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code, and the number of licensed beds at each facility.
(b) Beginning May 1, 2021, and quarterly thereafter, the department State Department of Social Services shall publicly report how many the list of licensed adult residential facilities and residential care facilities for the elderly that closed permanently in the prior quarter, by facility type and by county, and shall include the number of licensed beds of each facility, the reason for closing, and whether the facility served regional center clients, people with a serious mental disorder, or accepted federal supplemental security income beneficiaries upon admission. rate. The report shall include cumulative data and closure trends for each county.
(c) Upon receiving notice that a licensed adult residential facility or residential care facility for the elderly intends to close permanently, the department State Department of Social Services shall notify the county mental or behavioral health department within three business days.
(d) (1) Beginning no later than January 1, 2022, the State Department of Social Services shall report annually the following data from licensed adult residential facilities and residential care facilities for the elderly: by facility:
(A) The number of residents in total, during the previous 12 months, who came within met each of the following descriptions:
(i) Had a serious mental disorder.
(ii) Were clients of the State Department of Developmental Services regional center system.
(iii) Were homeless at any time in the 12 months prior to admission.
(iv) Paid the federal supplemental security income rate at the time of admission.
(B) The destination for all residents with a serious mental disorder who exited during the previous 12 months, if known.
(C) The average length of stay for residents with a serious mental disorder.
(2) The data described in paragraph (1) shall be aggregated and deidentified and shall not include any health information that is protected by state and federal law. the federal Health Insurance Portability and Accountability Act and the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). If the department determines that reporting any of the data on a facility-by-facility basis would violate state or federal law, the department shall instead report it in a manner that complies with those laws.
(3) (A) The data described in paragraph (1) shall be posted on the department’s State Department of Social Services’s internet website in a searchable format. format no later than January 1, 2023.

(e)

(B) The department State Department of Social Services may contract with a third party that specializes in creating a searchable database to create a searchable database for purposes of this section. for the purpose described in subparagraph (A).
(e) The State Department of Social Services may consolidate any of the reports described in this section with the reports required pursuant to Section 1569.607.

SEC. 2.

 Section 1569.607 is added to the Health and Safety Code, to read:

1569.607.
 (a) Beginning January 1, 2021, and quarterly thereafter, the State Department of Social Services shall send a list of the following to each county’s department of mental health or behavioral health:
(1) All residential care facilities for the elderly in the county that are a regional center vendor within the regional center system administered by the State Department of Developmental Services and the number of licensed beds at each facility.
(2) All residential care facilities for the elderly in the county that accept the federal supplemental security rate and serve residents with a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code, and the number of licensed beds at each facility.
(b) Beginning May 1, 2021, and quarterly thereafter, the State Department of Social Services shall publicly report the list of residential care facilities for the elderly that closed permanently in the prior quarter, by facility type and by county, and shall include the number of licensed beds of each facility, the reason for closing, and whether the facility served regional center clients, people with a serious mental disorder, or accepted federal supplemental security income rate. The report shall include cumulative data and closure trends for each county.
(c) Upon receiving notice that a residential care facility for the elderly intends to close permanently, the State Department of Social Services shall notify the county mental or behavioral health department within three business days.
(d) (1) Beginning no later than January 1, 2022, the State Department of Social Services shall report annually the following data by facility:
(A) The number of residents in total, during the previous 12 months, who met each of the following descriptions:
(i) Had a serious mental disorder.
(ii) Were clients of the State Department of Developmental Services regional center system.
(iii) Were homeless at any time in the 12 months prior to admission.
(iv) Paid the federal supplemental security income rate at the time of admission.
(B) The destination for all residents with a serious mental disorder who exited during the previous 12 months, if known.
(C) The average length of stay for residents with a serious mental disorder.
(2) The data described in paragraph (1) shall be aggregated and deidentified and shall not include any health information that is protected by the federal Health Insurance Portability and Accountability Act and the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(3) (A) The data described in paragraph (1) shall be posted on the State Department of Social Services’s internet website in a searchable format no later than January 1, 2023.
(B) The State Department of Social Services may contract with a third party that specializes in creating a searchable database for the purpose described in subparagraph (A).
(e) The State Department of Social Services may consolidate any of the reports described in this section with the reports required pursuant to Section 1501.2.