BILL NUMBER: AB 1558 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Soto
FEBRUARY 23, 2007
An act to amend Sections 1538.2 and 1569.355 of, and to add
Section 1596.86 to, the Health and Safety Code, relating to community
care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1558, as introduced, Soto. Community care facilities: licences
information system.
Existing law, the California Community Care Facilities Act,
requires the State Department of Social Services, in part, to
license, regulate, and assess fees upon community care facilities, as
defined. Existing law authorizes the director to establish an
automated licenses information system containing prescribed
information about licensees and former licensees.
This bill would require that the director maintain and update the
system, and would authorize inclusion of additional information,
including, but not limited to, administrative or court actions
against any licensees, staffing information, and information
regarding client characteristics.
The bill would require that the department make public information
contained in the system available to the public by prescribed dates
depending on the type of care facility and the format of the data,
and would require the department to report to the Legislature
annually commencing in July 2008.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1538.2 of the Health and Safety Code is amended
to read:
1538.2. (a) The director shall establish
and maintain an automated license information system on
licensees and former licensees of all licensed facilities. The system
shall maintain a record of any information that may be pertinent, as
determined by the director, for licensure under this chapter. This
information may include, but is not limited to, the licensees'
address, telephone numbers, violations of any laws related to the
care of clients in an adult residential facility, licenses,
revocation of licenses, waivers and special care services,
administrative or legal actions against any licensees, information on
ownership, services, staffing, costs, and client characteristics
.
(b) The department shall make public information from the
automated license information system available in electronic format
to individuals or organizations by July 1, 2008. The public
information shall include, but not be limited to, all of the
following elements:
(1) Adult residential facility profiles, with data on services
provided, a history of inspections, all complaints, department
actions and fines for the last three years, and ownership
information. The profile for each facility shall include, but not be
limited to, all of the following:
(A) The name, address, and telephone number of the licensed
providers.
(B) Ownership information including, but not limited to, whether
the licensee is a for-profit or not-for-profit provider, and the
names and license numbers of other facilities owned by the same
licensee.
(C) The number of units or beds in the facility, including the
number of nonambulatory beds.
(D) Whether the facility has any special care services.
(E) Whether the facility is permitted to provide hospice care
services.
(F) Department actions, including license suspensions,
revocations, receiverships, probations, settlements, stipulations,
accusations, audits, compliance conferences and compliance plans or
other administrative or legal actions, and when the administrative or
legal action was taken and will be terminated.
(G) Facility reports of any alleged elder or dependent adult abuse
and suspicious death, the date of the report, and whether these
reports resulted in an investigation, including the date and results
of the investigation.
(H) Findings of the most recent inspection report, and the date
that the inspection was conducted.
(I) Any enforcement action resulting in a fine, stating the nature
of the regulatory violation, the amount of the fine, and the amount
collected.
(2) Information regarding complaints shall include the nature of
the complaint, results of the complaint investigation, actions taken,
and the dates that the complaint was received, investigated, and
closed.
(3) Information regarding the violations assessed shall include
the type of deficiency, status of the violation, including the
facility's plan of correction and when the corrections were
completed, information as to whether an appeal has been filed, and
whether fines were assessed and the amount collected.
(4) Any resolution of an appeal pertaining to a violation or
complaint shall be updated in a timely manner.
(5) Information in this section shall be updated on a regular
basis but no less frequently than quarterly.
(c) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to subdivision (a),
shall work with stakeholder groups including consumer organizations
and provider associations.
(d) By July 1, 2008, the department shall implement a method
whereby information is provided in an electronic format to consumer
and other interested organizations on adult residential facilities.
The information provided shall include, but not be limited to,
information as required in subdivision (b), and any information or
data beneficial to the public and consumers.
(e) In implementing this section, the department shall ensure the
confidentiality of personal and identifying information of residents,
complainants, and employees, and shall not disclose this information
through the electronic transfers of information pursuant to this
section.
(f) The department shall make annual reports to the Legislature
beginning in 2008 on the implementation of automated licensing
information system.
SEC. 2. Section 1569.355 of the Health and Safety Code is amended
to read:
1569.355. (a) The director shall establish
and maintain an automated license information system on
licensees and former licensees of licensed residential care
facilities for the elderly. The system shall maintain a record of any
information that may be pertinent, as determined by the director,
for licensure under this chapter. This information may include, but
is not limited to, the licensees' addresses, telephone numbers,
violations of any laws related to the care of clients in a
residential care facility for the elderly, licenses, revocation of
any licenses and , social security numbers
to the extent permitted by federal law, social
security numbers waivers and special care services,
administrative or court actions against any licensees, information on
ownership, services, staffing, costs, and client characteristics
.
(b) The department shall make public information from the
automated license information system available in electronic format
to individuals or organizations by July 1, 2008. The public
information shall include, but not be limited to, all of the
following elements:
(1) Residential care facility profiles, with data on services
provided, a history of inspections, all complaints, department
actions and fines for the last three years, and ownership
information. The profile for each facility shall include, but not be
limited to, all of the following:
(A) The name, address, and telephone number of the licensed
providers.
(B) Ownership information including, but not limited to, whether
the licensee is a for-profit or not-for-profit provider, and the
names and license numbers of other facilities owned by the same
licensee.
(C) The number of units or beds in the facility, including the
number of nonambulatory beds.
(D) Whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias or has a delayed
egress or secured perimeter waiver.
(E) Whether the facility is permitted to provide hospice care
services.
(F) Department actions, including license suspensions,
revocations, receiverships, probations, settlements, stipulations,
accusations, audits, compliance conferences and compliance plans or
other administrative or legal actions, and when the administrative or
legal action was taken and will be terminated.
(G) Facility reports of any alleged elder abuse and suspicious
death, the date of the report, and whether these reports resulted in
an investigation, including the date and results of the
investigation.
(H) Findings of the most recent inspection report, and the date
that the inspection was conducted.
(I) Any enforcement action resulting in a fine, stating the nature
of the regulatory violation, the amount of the fine, and the amount
collected.
(2) Information regarding complaints shall include the nature of
the complaint, results of the complaint investigation, actions taken,
and the dates that the complaint was received, investigated, and
closed.
(3) Information regarding the violations assessed shall include
the type of deficiency, status of the violation, including the
facility's plan of correction and when the corrections were
completed, information as to whether an appeal has been filed, and
whether fines were assessed and the amount collected.
(4) Any resolution of an appeal pertaining to a violation or
complaint shall be updated in a timely manner.
(5) Information in this section shall be updated on a regular
basis but no less frequently than quarterly.
(c) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to subdivision (a),
shall work with stakeholder groups including consumer organizations.
(d) By July 1, 2008, the department shall implement a method
whereby information is provided in an electronic format to consumer
and other interested organizations on residential care facilities for
the elderly. The information provided shall include, but not be
limited to, information as required in subdivision (b), and any
information or data beneficial to the public and consumers.
(e) In implementing this section, the department shall ensure the
confidentiality of personal and identifying information of residents,
complainants, and employees, and shall not disclose this information
through the electronic transfers of information pursuant to this
section.
(f) The department shall make annual reports to the Legislature
beginning in 2008 on the implementation of the automated licensing
information system.
SEC. 3. Section 1596.86 is added to the Health and Safety Code, to
read:
1596.86. (a) The director shall establish and maintain an
automated license information system on licensees and former
licensees of all licensed facilities. The system shall maintain a
record of any information that may be pertinent, as determined by the
director, for licensure under this chapter. This information may
include, but is not limited to, the licensees' address, telephone
numbers, violations of any laws related to the care of clients in
community care facilities, licenses, revocation of licenses, social
security numbers to the extent permitted by federal law, waivers and
special care services, administrative or court actions against any
licensees, information on ownership, services, staffing, costs, and
client characteristics.
(b) The department shall make public information from the
automated license information system available in electronic format
to individuals or organizations by July 1, 2008. The public
information shall include, but not be limited to, all of the
following elements:
(1) Community care facility profiles, with data on services
provided, a history of inspections, all complaints, department
actions and fines for the last three years, and ownership
information. The profile for each facility shall include, but not be
limited to, all of the following:
(A) The name, address, and telephone number of the licensed
providers.
(B) Ownership information including, but not limited to, whether
the licensee is a for-profit or not-for-profit provider, and the
names and license numbers of other facilities owned by the same
licensee.
(C) The number of units or beds in the facility, including the
number of nonambulatory beds.
(D) Whether the facility has any special care services.
(E) Department actions, including license suspensions,
revocations, receiverships, probations, settlements, stipulations,
accusations, audits, compliance conferences and compliance plans or
other administrative or legal actions, and when the administrative or
legal action was taken and will be terminated.
(F) Facility reports of any alleged abuse and suspicious death,
the date of the report, and whether such reports resulted in an
investigation including the date and results of the investigation.
(G) Findings of the most recent inspection report, and the date
that the inspection was conducted.
(H) Any enforcement action resulting in a fine, stating the nature
of the regulatory violation, the amount of the fine, and the amount
collected.
(2) Information regarding complaints shall include the nature of
the complaint, results of the complaint investigation, actions taken,
and the dates that the complaint was received, investigated, and
closed.
(3) Information regarding the violations assessed shall include
the type of deficiency, status of the violation, including the
facility's plan of correction and when the corrections were
completed, information as to whether an appeal has been filed, and
whether fines were assessed and the amount collected.
(4) Any resolution of an appeal pertaining to a violation or
complaint shall be updated in a timely manner.
(5) Information in this section shall be updated on a regular
basis but no less frequently than quarterly.
(c) It is the intent of the Legislature that the department, in
developing and establishing the system pursuant to subdivision (a),
shall work with stakeholder groups including consumer organizations
and provider associations.
(d) By July 1, 2008, the department shall implement a method
whereby information is provided in an electronic format to consumer
and other interested organizations on community care facilities. The
information provided shall include, but not be limited to,
information as required in subdivision (b), and any information or
data beneficial to the public and consumers.
(e) In implementing this section, the department shall ensure the
confidentiality of personal and identifying information of residents,
complainants, and employees, and shall not disclose this information
through the electronic transfers of information pursuant to this
section.
(f) The department shall make annual reports to the Legislature
beginning in 2008 on the implementation of an automated licensing
information system.