California 2009 2009-2010 Regular Session

California Assembly Bill AB773 Amended / Bill

Filed 06/01/2009

 BILL NUMBER: AB 773AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2009 AMENDED IN ASSEMBLY APRIL 30, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Lieu FEBRUARY 26, 2009 An act to add Section 1424.6 to the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGEST AB 773, as amended, Lieu. Health facilities:  fines.   citations: notifications.  Under existing law, the Long-Term  Care  , Health, Safety, and Security Act of  1973;   1973,  the State Department of Public Health administers various requirements pertaining to long-term health care facilities. Violation of these provisions is punishable by various classes of administrative citations with corresponding administrative penalties. This bill would require, within 30 days of the issuance of a class "AA" or class "A" violation citation, that the cited facility send written notification to the last known address of the primary contact for all current residents and patients, as specified.  The   If the facility fails to send the notifications, the  bill would allow the department to assess an administrative penalty of $1,000 per day for each day following the end of the 30-day notification  period, but would permit the department to waive or lower the penalty if it finds that the facility has made its best efforts to comply with the notification requirements   period  . 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 1424.6 is added to the Health and Safety Code, to read: 1424.6. Within 30 days of the issuance of a citation for a class "AA" or class "A" violation pursuant to Section 1424 or 1424.5, the cited facility shall send written notification to the last known address of the primary contact for all current residents and patients. The notice shall disclose the violation for which the citation was issued, the date of the citation,  and  a telephone number or Internet Web site address for the department where more information on the citation may be accessed. If the facility is appealing the citation, the notice may also include that fact. If the facility fails to send the notifications pursuant to this  paragraph   section  , the department may assess an administrative penalty of one thousand dollars ($1,000) for each day following the end of the  30-day period. The department may waive or lower the penalty if it finds that the facility has made its best efforts to comply with this paragraph.   30-day period.