California Senate Bill SB895 Amended / Bill

 BILL NUMBER: SB 895AMENDED BILL TEXT AMENDED IN SENATE MAY 27, 2014 AMENDED IN SENATE APRIL 23, 2014 AMENDED IN SENATE MARCH 26, 2014 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. 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  perform these unannounced inspections at least   ensure that each facility is inspected at least once every 3 years on or before July 1, 2016, and at least once every 2 years on or before July 1, 2017, and at least  once each year  and   on or before July 1, 2018, and each year thereafter. The bill  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  annual  inspection, to conduct  a comprehensive   an  evaluation of  a   the  facility for compliance with the 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 and in 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 perform these unannounced inspections  at least   according to the following schedule:   (1)     On or before July 1, 2016, the department shall ensure that each facility is inspected at least once every three years and as   often as necessary to ensure the quality of care provided.   (2)     On or before July 1, 2017, the department shall ensure that each facility is inspected at least once every two years and as often as necessary to ensure the quality of care provided.  (3)     On or before July 1, 2018, and each year thereafter   , the department shall ensure that each facility is inspected at least once each year and as often as necessary to ensure the quality of care provided.  With   (b)     With  each  annual  inspection, the department shall conduct  a comprehensive   an  evaluation of  a   the  facility for compliance with the laws and regulations governing residential care facilities for the elderly.  (b)   (c)  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)   (d)  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. The 10-day compliance period may be extended up to an additional 30 days if the department determines that the delay will not adversely impact the health, safety, and security of facility residents.  (d)   (e)  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 and in its district offices.  (e)   (f)  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.