BILL NUMBER: SB 895	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 14, 2014

INTRODUCED BY   Senator Corbett

                        JANUARY 13, 2014

   An act to amend Section 1569.33 of the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 895, as amended, Corbett. Residential care facilities for the
elderly: unannounced visits.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly by the State Department of Social
Services. Existing law requires that every licensed residential care
facility for the elderly be subject to unannounced visits by the
department and requires the department to visit these facilities as
often as necessary to ensure the quality of care provided, but no
less often than once every 5 years. Existing law requires the
department to conduct an annual unannounced visit under specified
circumstances, including when a license is on probation, and to
conduct annual unannounced visits to no less than 20% of the
facilities not subject to an evaluation under specified
circumstances, as specified. Existing law requires the department to
notify the residential care facility for the elderly in writing of
all deficiencies and to set a reasonable length of time for
compliance by the facility. Existing law requires inspection reports,
consultation reports, lists of deficiencies, and plans of correction
to be open to public inspection.
   This bill would instead require the department to inspect these
facilities at least once each year and would authorize the department
to conduct additional unannounced inspections under specified
circumstances. The bill would delete the provisions requiring the
department to conduct annual unannounced visits to no less than 20%
of the facilities and the provisions requiring an unannounced visit
no less often than once every 5 years.  The bill would require
the department, with each inspection, to evaluate a facility for
compliance with all laws and regulations governing residential care
facilities for the elderly.  The bill would  also 
require the department to verify that a facility is in compliance no
later than 10 days after the notification of deficiencies in
compliance and would require inspection reports, consultation
reports, lists of deficiencies, and plans of correction to be open to
public inspection on the department's Internet Web site or its
district offices.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.33 of the Health and Safety Code is
amended to read:
   1569.33.  (a) Every licensed residential care facility for the
elderly shall be subject to unannounced inspections by the
department. The department shall inspect these facilities at least
once each year and as often as necessary to ensure the quality of
care provided.  With each inspection, the department shall
evaluate a facility for compliance with all laws and regulations
governing residential care facilities for the elderly. 
   (b) The department may conduct additional unannounced inspections
of a facility under any of the following circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require additional inspections.
   (3) When an accusation against a licensee is pending.
   (4) When a facility requires additional inspections as a condition
of receiving federal financial participation.
   (5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
   (c) The department shall notify the residential care facility for
the elderly in writing of all deficiencies in its compliance with the
provisions of this chapter and the rules and regulations adopted
pursuant to this chapter, and shall verify that the facility is in
compliance no later than 10 days after the notification.
   (d) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection on the
department's Internet Web site or its district offices.
   (e) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or a
special environment for persons with dementia to monitor compliance
with Sections 1569.626 and 1569.627.