| 1 | | - | Assembly Bill No. 1907 CHAPTER 277 An act to amend Sections 1279 and 1422 of the Health and Safety Code, relating to long-term health care facilities. [ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1907, Bauer-Kahan. Long-term health care facilities: inspections.Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973 (act), generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. The term long-term health care facility includes, among others, skilled nursing facilities. The act declares the intent of the Legislature to execute these inspections in the form of a single survey process, to the extent possible and permitted under federal law.Existing law requires the department to conduct annual inspections, without notice, of long-term health care facilities, except those facilities that have not had serious violations within the previous 12 months, and in any case to inspect every facility at least once every 2 years. Existing law further requires the department to vary the cycle for conducting these inspections to reduce their predictability. Existing law requires inspections and investigations of long-term health care facilities that are certified by the federal Medicare Program or the Medicaid program to determine compliance with federal standards and California statutes and regulations to the extent that state statutes and regulations provide greater protection to residents, or are more precise than federal standards. Existing federal law requires nursing facilities certified to participate in those federal programs to be subject to a standard survey by the state, conducted without prior notice to the facility, at least every 15 months, as prescribed.This bill would extend the maximum period between inspections of a skilled nursing facility from 2 years to 30 months and would delete obsolete references to a health facility inspections program. The bill would also make technical, nonsubstantive changes.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 1279 of the Health and Safety Code is amended to read:1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action.SEC. 2. Section 1422 of the Health and Safety Code is amended to read:1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 1 | + | Enrolled August 26, 2022 Passed IN Senate August 17, 2022 Passed IN Assembly August 24, 2022 Amended IN Senate August 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1907Introduced by Assembly Member Bauer-KahanFebruary 09, 2022 An act to amend Sections 1279 and 1422 of the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1907, Bauer-Kahan. Long-term health care facilities: inspections.Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973 (act), generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. The term long-term health care facility includes, among others, skilled nursing facilities. The act declares the intent of the Legislature to execute these inspections in the form of a single survey process, to the extent possible and permitted under federal law.Existing law requires the department to conduct annual inspections, without notice, of long-term health care facilities, except those facilities that have not had serious violations within the previous 12 months, and in any case to inspect every facility at least once every 2 years. Existing law further requires the department to vary the cycle for conducting these inspections to reduce their predictability. Existing law requires inspections and investigations of long-term health care facilities that are certified by the federal Medicare Program or the Medicaid program to determine compliance with federal standards and California statutes and regulations to the extent that state statutes and regulations provide greater protection to residents, or are more precise than federal standards. Existing federal law requires nursing facilities certified to participate in those federal programs to be subject to a standard survey by the state, conducted without prior notice to the facility, at least every 15 months, as prescribed.This bill would extend the maximum period between inspections of a skilled nursing facility from 2 years to 30 months and would delete obsolete references to a health facility inspections program. The bill would also make technical, nonsubstantive changes.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 1279 of the Health and Safety Code is amended to read:1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action.SEC. 2. Section 1422 of the Health and Safety Code is amended to read:1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 1907, Bauer-Kahan. Long-term health care facilities: inspections. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973 (act), generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. The term long-term health care facility includes, among others, skilled nursing facilities. The act declares the intent of the Legislature to execute these inspections in the form of a single survey process, to the extent possible and permitted under federal law.Existing law requires the department to conduct annual inspections, without notice, of long-term health care facilities, except those facilities that have not had serious violations within the previous 12 months, and in any case to inspect every facility at least once every 2 years. Existing law further requires the department to vary the cycle for conducting these inspections to reduce their predictability. Existing law requires inspections and investigations of long-term health care facilities that are certified by the federal Medicare Program or the Medicaid program to determine compliance with federal standards and California statutes and regulations to the extent that state statutes and regulations provide greater protection to residents, or are more precise than federal standards. Existing federal law requires nursing facilities certified to participate in those federal programs to be subject to a standard survey by the state, conducted without prior notice to the facility, at least every 15 months, as prescribed.This bill would extend the maximum period between inspections of a skilled nursing facility from 2 years to 30 months and would delete obsolete references to a health facility inspections program. The bill would also make technical, nonsubstantive changes. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973 (act), generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. The term long-term health care facility includes, among others, skilled nursing facilities. The act declares the intent of the Legislature to execute these inspections in the form of a single survey process, to the extent possible and permitted under federal law. |
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| 24 | 34 | | |
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| 25 | 35 | | Existing law requires the department to conduct annual inspections, without notice, of long-term health care facilities, except those facilities that have not had serious violations within the previous 12 months, and in any case to inspect every facility at least once every 2 years. Existing law further requires the department to vary the cycle for conducting these inspections to reduce their predictability. |
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| 26 | 36 | | |
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| 27 | 37 | | Existing law requires inspections and investigations of long-term health care facilities that are certified by the federal Medicare Program or the Medicaid program to determine compliance with federal standards and California statutes and regulations to the extent that state statutes and regulations provide greater protection to residents, or are more precise than federal standards. Existing federal law requires nursing facilities certified to participate in those federal programs to be subject to a standard survey by the state, conducted without prior notice to the facility, at least every 15 months, as prescribed. |
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| 28 | 38 | | |
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| 29 | 39 | | This bill would extend the maximum period between inspections of a skilled nursing facility from 2 years to 30 months and would delete obsolete references to a health facility inspections program. The bill would also make technical, nonsubstantive changes. |
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| 30 | 40 | | |
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| 31 | 41 | | ## Digest Key |
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| 32 | 42 | | |
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| 33 | 43 | | ## Bill Text |
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| 34 | 44 | | |
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| 35 | 45 | | The people of the State of California do enact as follows:SECTION 1. Section 1279 of the Health and Safety Code is amended to read:1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action.SEC. 2. Section 1422 of the Health and Safety Code is amended to read:1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 36 | 46 | | |
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| 37 | 47 | | The people of the State of California do enact as follows: |
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| 38 | 48 | | |
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| 39 | 49 | | ## The people of the State of California do enact as follows: |
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| 40 | 50 | | |
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| 41 | 51 | | SECTION 1. Section 1279 of the Health and Safety Code is amended to read:1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. |
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| 42 | 52 | | |
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| 43 | 53 | | SECTION 1. Section 1279 of the Health and Safety Code is amended to read: |
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| 44 | 54 | | |
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| 45 | 55 | | ### SECTION 1. |
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| 46 | 56 | | |
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| 47 | 57 | | 1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. |
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| 48 | 58 | | |
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| 49 | 59 | | 1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. |
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| 50 | 60 | | |
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| 51 | 61 | | 1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. |
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| 52 | 62 | | |
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| 53 | 63 | | |
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| 54 | 64 | | |
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| 55 | 65 | | 1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992. |
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| 56 | 66 | | |
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| 57 | 67 | | (b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided. |
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| 58 | 68 | | |
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| 59 | 69 | | (c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided. |
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| 60 | 70 | | |
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| 61 | 71 | | (d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate. |
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| 62 | 72 | | |
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| 63 | 73 | | (e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate. |
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| 64 | 74 | | |
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| 65 | 75 | | (f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection. |
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| 66 | 76 | | |
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| 67 | 77 | | (g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection. |
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| 68 | 78 | | |
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| 69 | 79 | | (h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. |
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| 70 | 80 | | |
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| 71 | 81 | | SEC. 2. Section 1422 of the Health and Safety Code is amended to read:1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 72 | 82 | | |
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| 73 | 83 | | SEC. 2. Section 1422 of the Health and Safety Code is amended to read: |
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| 74 | 84 | | |
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| 75 | 85 | | ### SEC. 2. |
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| 76 | 86 | | |
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| 77 | 87 | | 1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 78 | 88 | | |
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| 79 | 89 | | 1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 80 | 90 | | |
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| 81 | 91 | | 1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law.(b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections.(2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents.(3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266.(c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies.(d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes.(e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities.(f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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| 82 | 92 | | |
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| 83 | 93 | | |
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| 84 | 94 | | |
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| 85 | 95 | | 1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law. |
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| 86 | 96 | | |
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| 87 | 97 | | (b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class AA, class A, or class B citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections. |
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| 88 | 98 | | |
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| 89 | 99 | | (2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents. |
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| 90 | 100 | | |
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| 91 | 101 | | (3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266. |
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| 92 | 102 | | |
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| 93 | 103 | | (c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies. |
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| 94 | 104 | | |
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| 95 | 105 | | (d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes. |
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| 96 | 106 | | |
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| 97 | 107 | | (e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities. |
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| 98 | 108 | | |
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| 99 | 109 | | (f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. |
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