Bill Text: CA AB1554 | 2013-2014 | Regular Session | Amended
Bill Title: Residential care facilities for the elderly.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1554 Detail]
Download: California-2013-AB1554-Amended.html
BILL NUMBER: AB 1554 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 25, 2014
AMENDED IN ASSEMBLY MARCH 10, 2014
INTRODUCED BY Assembly Member Skinner
(Principal coauthor: Assembly Member Rodriguez)
(Coauthors: Assembly Members Atkins and Eggman)
(Coauthors: Senators Block and Corbett)
JANUARY 27, 2014
An act to amend Section 1569.37 of, and to amend, repeal, and add
Section 1569.35 of, the Health and Safety Code, relating to care
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1554, as amended, Skinner. Residential care facilities for the
elderly.
Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure of residential care
facilities for the elderly by the State Department of Social Services
and makes a violation of those provisions a crime. Existing law
authorizes a person to request an inspection of a facility by
transmitting notice of an alleged violation of law to the department.
Existing law requires the department to review a complaint and
conduct an onsite inspection within 10 days and requires the
department to provide the substance of the complaint to the licensee
no earlier than the time of the inspection.
This bill, beginning July 1, 2015, would make various changes to
this complaint procedure, including prohibiting the department from
giving a licensee advance notice of an investigation regarding a
complaint and requiring the department to conduct an onsite
investigation within one working day of receiving a complaint if the
complaint alleges physical abuse, sexual abuse, or a threat of
imminent danger. The bill would state the intent of the Legislature
that the department conduct investigations in the manner required to
ensure maximum effectiveness while respecting the rights of residents
and to complete an investigation, except as specified, within 90
days of receiving a complaint, or within 30 days when the complaint
alleges physical abuse, sexual abuse, or a threat of imminent danger.
The bill would prohibit a licensee, or officer or employee of the
licensee, from interfering with or obstructing an investigation
conducted pursuant to these provisions and would require the
department to assess an immediate civil penalty of $1,000
penalty, as specified, per day per violation for
violations of that prohibition. Because a violation of this
prohibition would also be a crime, the bill would impose a
state-mandated local program. The bill would authorize a complainant
who is dissatisfied with the department's investigation, findings, or
enforcement to file an appeal, as specified, and would require the
department to inform the complainant of these appeal rights, as
specified.
Existing law prohibits a licensee from discriminating or
retaliating in any manner against a person receiving the services of
the licensee's residential care facility for the elderly, or against
an employee of the licensee's facility, on the basis, or for the
reason that, the person or employee or any other person has initiated
or participated in the filing of a complaint, grievance, or a
request for inspection with the department, or has initiated or
participated in the filing of a complaint, grievance, or request for
investigation with the appropriate local ombudsman, or with the state
ombudsman.
This bill would require the department to assess an immediate
$1,000 per day civil penalty , as specified,
per day for each violation of these provisions.
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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.35 of the Health and Safety Code is
amended to read:
1569.35. (a) Any person may request an inspection of any
residential care facility for the elderly in accordance with this
chapter by transmitting to the department notice of an alleged
violation of applicable requirements prescribed by statutes or
regulations of this state, including, but not limited to, a denial of
access of any person authorized to enter the facility pursuant to
Section 9722 of the Welfare and Institutions Code. A complaint may be
made either orally or in writing.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a residential care facility
for the elderly, the department shall make a preliminary review and,
unless the department determines that the complaint is willfully
intended to harass a licensee or is without any reasonable basis, it
shall make an onsite inspection within 10 days after receiving the
complaint except where the visit would adversely affect the licensing
investigation or the investigation of other agencies, including, but
not limited to, law enforcement agencies. In either event, the
complainant shall be promptly informed of the department's proposed
course of action.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility for the elderly, the
department shall review the complaint. The complainant shall be
notified promptly of the department's proposed course of action.
(e) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 1569.35 is added to the Health and Safety Code, to
read:
1569.35. (a) A person may request an investigation of a
residential care facility for the elderly in accordance with this
chapter by making a complaint to the department alleging a violation
of applicable requirements prescribed by statutes or regulations of
this state. A complaint may be made either orally, in writing, or
electronically.
(b) (1) Upon receipt of a complaint, the department shall make a
preliminary review. Within two working days of receiving the
complaint, the department shall notify the complainant of the name of
the officer, employee, or agent of the department who will conduct
the investigation. Unless the department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, it shall make an onsite investigation within 10
days after receiving the complaint.
(2) Notwithstanding paragraph (1), if a complaint alleges physical
abuse, sexual abuse, or a threat of imminent danger of death or
serious harm, the department shall conduct an onsite investigation
within one working day of the receipt of the complaint.
(3) Notwithstanding paragraph (1), if a local long-term care
ombudsman or the State Long-Term Care Ombudsman files a complaint
alleging denial of a statutory right of access to a residential care
facility for the elderly under Section 9722 of the Welfare and
Institutions Code, the department shall give priority to the
complaint, as required pursuant to Section 9721 of the Welfare and
Institutions Code, and contact the Office of the State Long-Term Care
Ombudsman in the investigation.
(4) Prior to conducting an onsite investigation pursuant to this
section, the department shall make a good faith effort, documented in
writing, to contact and interview the complainant and inform the
complainant of the department's proposed course of action and the
relevant deadline for the department to complete its investigation.
To the extent practicable, the officer, employee, or agent of the
department who will conduct the investigation will be the
representative who interviews and makes contact with the complainant.
(c) When conducting an investigation pursuant to this section, the
department shall consult with and, to the extent practicable,
coordinate its investigation of a residential care facility for the
elderly with the investigation of the facility by other agencies,
including, but not limited to, the Office of the State Long-Term Care
Ombudsman and law enforcement agencies. Nothing in this subdivision
shall be construed to limit the department's ability to temporarily
suspend an investigation if requested to do so by a law enforcement
agency because the investigation would adversely affect an active
criminal investigation. The department shall maintain written
documentation of the law enforcement request and continue to ensure
the safety of all residents. The department shall immediately resume
any investigation that is suspended pursuant to this subdivision upon
consent of law enforcement or completion of the criminal
investigation.
(d) The department shall not give a licensee advance notice of an
investigation conducted pursuant to this section. The substance of
the complaint shall be provided to the licensee no earlier than at
the time of the onsite investigation. Unless the complainant
specifically requests that his or her own name is released, neither
the substance of the complaint provided to the licensee, nor any copy
of the complaint or any record published, released, or otherwise
made available to the licensee , shall disclose the name
of the complainant.
(e) It is the intent of the Legislature that the department shall
conduct investigations under this section in the manner required to
ensure maximum effectiveness while respecting the rights of
residents.
(f) A licensee, or officer or employee of the licensee, shall not
interfere with or obstruct an investigation conducted pursuant to
this section. The department shall assess an immediate civil penalty
of one thousand dollars ($1,000) equal to the
penalty established for a serious violation pursuant to subdivision
(c) of Section 1569.49 per day per violation for violations of
this subdivision. In addition to assessing that penalty, the
department may take any other enforcement actions authorized by this
chapter for violations of this subdivision.
(g) When conducting an onsite investigation pursuant to this
section, the department shall interview any residents who are the
subject of the complaint. Additionally, the officer, employee, or
agent of the department conducting the investigation shall collect
and evaluate all available evidence necessary to complete the
investigation, including, but not limited to, the following:
(1) Observed conditions.
(2) Statements of witnesses.
(3) Interviews with administration, staff, other residents, family
members, visitors, the long-term care ombudsman, and other
individuals or agencies that provide services at the facility who may
have information about the complaint.
(4) Records from the facility and any other relevant sources.
(h) (1) The department shall complete its investigation within 90
days of receiving the complaint. Investigation of a complaint
alleging physical abuse, sexual abuse, or a threat of imminent danger
of death or serious harm shall be completed within 30 days of
receiving the complaint.
(2) The 30-day and 90-day deadlines in paragraph (1) may be
extended for an additional 30 days if the department has diligently
attempted, but has not been able, to obtain necessary evidence
related to the investigation. Whenever the department exercises this
authority, it shall notify the complainant in writing of the basis
for the extension, and shall include in the notice any
outstanding evidence, the sources from which the evidence has been
sought, and the anticipated completion date.
(3) Nothing in this section shall be interpreted to diminish the
department's authority and obligation to investigate and enforce an
alleged violation of state laws or regulations or any alleged facts
that might constitute such a violation.
(i) Within 10 days of completing the investigation of a complaint
under this section, the department shall notify the complainant in
writing of the department's determination as a result of the
investigation and of the complainant's right to appeal the findings.
The written notice shall describe the appeal process provided for
under subdivision (j) and include a copy of any reports and documents
describing violations and enforcement actions resulting from the
investigation.
(j) (1) A complainant who is dissatisfied with the department's
investigation, findings, or enforcement actions resulting from the
investigation may file an appeal by notifying the program manager of
the officer, employee, or agent of the department conducting the
investigation in writing within 15 working days after
receiving the notice described in subdivision (i). The program
manager shall schedule a meeting or teleconference with the
complainant within 30 working days of receiving an appeal.
The program manager shall carefully review the concerns,
information, and evidence presented by the complainant to determine
whether the department's findings or actions should be modified or
whether further investigation is necessary. Within 10 working
days after conducting the meeting or teleconference with the
complainant, the program manager shall notify the complainant in
writing of the department's determinations and actions concerning the
appeal and of the appeal rights provided in paragraph (2).
(2) If a complainant is dissatisfied with the program manager's
determination on an appeal, the complainant may, within 15
working days after receipt of this determination, file an
appeal in writing with the department's Deputy Director
Quality Assurance Unit of the Community Care
Licensing Division. Within 30 working days of receiving an
appeal, the deputy director or his or her designee
a representative of the Quality Assurance Unit
shall interview the complainant, consider any information presented
or submitted by the complainant, and review the complaint record to
determine whether the department's findings or actions should be
modified or whether further investigation is necessary. No later than
10 working days after completing this review, the deputy
director shall notify the complainant in writing of the department's
determinations and actions concerning the appeal.
(3) A complainant may be assisted or represented by any person of
his or her choice in the appeal process described in this
subdivision.
(k) This section shall become operative on July 1, 2015.
SEC. 3. Section 1569.37 of the Health and Safety Code is amended
to read:
1569.37. (a) No licensee, or officer or employee of the licensee,
shall discriminate or retaliate in any manner, including, but not
limited to, eviction or threat of eviction, against any person
receiving the services of the licensee's residential care facility
for the elderly, or against any employee of the licensee's facility,
on the basis, or for the reason that, the person or employee or any
other person has initiated or participated in the filing of a
complaint, grievance, or a request for investigation with the
department pursuant to this chapter, or has initiated or participated
in the filing of a complaint, grievance, or request for
investigation with the appropriate local ombudsman, or with the
state ombudsman State Long-Term Care
Ombudsman recognized pursuant to Chapter 11 (commencing with
Section 9700) of Division 8.5 of the Welfare and Institutions Code.
(b) The department shall assess an immediate civil penalty in the
amount of one thousand dollars ($1,000) equal
to the penalty established for a serious violation pursuant to
subdivision (c) of Section 1569.49 per day for each violation
of this section. In addition to assessing that penalty, the
department may take any other enforcement actions authorized by this
chapter for violations of this section.
SEC. 4. 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.
