Amended IN Senate July 18, 2017 Amended IN Senate July 03, 2017 Amended IN Assembly May 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 940Introduced by Assembly Member WeberFebruary 16, 2017 An act to add Section 1439.6 to the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 940, as amended, Weber. Long-term health care facilities: notice.Existing law provides for the licensure and regulation of long-term health care facilities by the State Department of Public Health. Existing law authorizes the department to issue citations for violations of those provisions that are classified according to the nature of the violation. Existing law authorizes a licensee to contest a citation or proposed assessment of a civil penalty under specified provisions.This bill would require a long-term health care facility to notify the local long-term care ombudsman if a resident is notified in writing of a facility-initiated transfer or discharge from the facility, as specified. The bill would provide that a failure to timely provide a copy of that notice would constitute a class B violation for purposes of a department-issued citation. The bill would authorize the department to impose additional penalties under those provisions if the failure to send the notice is intentional.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1439.6 is added to the Health and Safety Code, to read:1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.
Amended IN Senate July 18, 2017 Amended IN Senate July 03, 2017 Amended IN Assembly May 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 940Introduced by Assembly Member WeberFebruary 16, 2017 An act to add Section 1439.6 to the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 940, as amended, Weber. Long-term health care facilities: notice.Existing law provides for the licensure and regulation of long-term health care facilities by the State Department of Public Health. Existing law authorizes the department to issue citations for violations of those provisions that are classified according to the nature of the violation. Existing law authorizes a licensee to contest a citation or proposed assessment of a civil penalty under specified provisions.This bill would require a long-term health care facility to notify the local long-term care ombudsman if a resident is notified in writing of a facility-initiated transfer or discharge from the facility, as specified. The bill would provide that a failure to timely provide a copy of that notice would constitute a class B violation for purposes of a department-issued citation. The bill would authorize the department to impose additional penalties under those provisions if the failure to send the notice is intentional.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate July 18, 2017 Amended IN Senate July 03, 2017 Amended IN Assembly May 18, 2017
Amended IN Senate July 18, 2017
Amended IN Senate July 03, 2017
Amended IN Assembly May 18, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 940
Introduced by Assembly Member WeberFebruary 16, 2017
Introduced by Assembly Member Weber
February 16, 2017
An act to add Section 1439.6 to the Health and Safety Code, relating to long-term health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 940, as amended, Weber. Long-term health care facilities: notice.
Existing law provides for the licensure and regulation of long-term health care facilities by the State Department of Public Health. Existing law authorizes the department to issue citations for violations of those provisions that are classified according to the nature of the violation. Existing law authorizes a licensee to contest a citation or proposed assessment of a civil penalty under specified provisions.This bill would require a long-term health care facility to notify the local long-term care ombudsman if a resident is notified in writing of a facility-initiated transfer or discharge from the facility, as specified. The bill would provide that a failure to timely provide a copy of that notice would constitute a class B violation for purposes of a department-issued citation. The bill would authorize the department to impose additional penalties under those provisions if the failure to send the notice is intentional.
Existing law provides for the licensure and regulation of long-term health care facilities by the State Department of Public Health. Existing law authorizes the department to issue citations for violations of those provisions that are classified according to the nature of the violation. Existing law authorizes a licensee to contest a citation or proposed assessment of a civil penalty under specified provisions.
This bill would require a long-term health care facility to notify the local long-term care ombudsman if a resident is notified in writing of a facility-initiated transfer or discharge from the facility, as specified. The bill would provide that a failure to timely provide a copy of that notice would constitute a class B violation for purposes of a department-issued citation. The bill would authorize the department to impose additional penalties under those provisions if the failure to send the notice is intentional.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1439.6 is added to the Health and Safety Code, to read:1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1439.6 is added to the Health and Safety Code, to read:1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.
SECTION 1. Section 1439.6 is added to the Health and Safety Code, to read:
### SECTION 1.
1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.
1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.
1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.
1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the residents representative.
(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.
(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facilitys failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. If the department determines the failure to send a copy of the notice to the ombudsman was intentional, the department may impose additional penalties on the facility pursuant to Section 1424.
(d) For the purposes of this section, a facility-initiated transfer or discharge is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facilitys decision.