BILL NUMBER: AB 215INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Feuer and Smyth FEBRUARY 3, 2009 An act to add Section 1418.21 to the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 215, as introduced, Feuer. Long-term health care facilities: ratings. Existing law provides for the licensure and regulation by the State Department of Public Health of health care facilities, including long-term health care facilities. Existing law creates the State Health Facilities Citation Penalties Account in the Special Deposit Fund, with the moneys in this account to be used, upon appropriation, for prescribed purposes. This bill would require a long-term health care facility to post, in accordance with prescribed requirements, the overall facility rating information determined by the federal Centers for Medicare and Medicaid Services. Violation of this requirement would be a class B violation, as defined, with the proceeds from fines collected to be deposited into the State Health Facilities Citation Penalties Account. The bill would require the department to report to the Legislature and Governor on the results of the postings. 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 1418.21 is added to the Health and Safety Code, to read: 1418.21. (a) A long-term health care facility shall post the overall facility rating information determined by the federal Centers for Medicare and Medicaid Services (CMS) in accordance with the following requirements: (1) The information shall be posted in at least the following locations, in the facility: (A) An area accessible and visible to members of the public. (B) An area used for employee breaks. (C) An area used by residents for communal functions, such as dining, resident council meetings, or activities. (2) The information shall be posted on a white or light-colored sheet of paper that is at least 81/2" x 11" in size, in a clear and easily readable font of at least 20 point, and shall include all of the following: (A) The full name and full address of the facility. (B) The overall star rating given by CMS to that facility. The star rating shall be designated with the same number of star symbols assigned by the CMS rating. The stars shall be at least one inch tall or, if no star symbol is available, "[the number of stars given by CMS to the facility] STARS" in capital letters may be substituted using a clear, easily readable font of at least one inch tall print. (C) Directly beneath the stars or number of stars information the text "out of five stars" shall be present. (D) The address of the CMS Internet Web site where a detailed explanation of the posted rating may be obtained. (3) A copy of the most recent CMS report on the facility shall be maintained at the facility, and shall be made available to residents or the public upon request. (b) By July 1, 2012, the department shall provide to the Legislature and the Governor a report on the results of posting these ratings. The report shall make recommendations for legislative, regulatory, or fiscal initiatives that would further the goal of improving the transparency of long-term health care. The report shall specifically address all of the following: (1) The number of facilities whose ratings have improved since the enactment of this section. (2) The number of facilities whose ratings have declined since the enactment of this section. (3) The number of facilities that appealed the rating initially given by CMS. (4) Recommended changes to the program. (5) Other information the department deems necessary or appropriate. (c) Violation of this section shall constitute a class B violation, as defined in subdivision (e) of Section 1424 and, notwithstanding Section 1290, shall not constitute a crime. Fines from a violation of this section shall be deposited into the State Health Facilities Citation Penalties Account, created pursuant to Section 1417.2.