BILL NUMBER: SB 535 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kuehl
FEBRUARY 22, 2007
An act to amend Section 1422.5 of the Health and Safety Code,
relating to long-term health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 535, as introduced, Kuehl. Long-term health care facilities.
Existing law requires the State Department of Health Care Services
to develop and establish a consumer information service system to
provide information to the general public and consumers regarding
long-term health care facilities in their communities.
This bill would revise information to be provided and how that
information is made available to the general public and consumers.
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 1422.5 of the Health and Safety Code is amended
to read:
1422.5. (a) The department shall develop and establish a
statewide consumer information service system to provide
updated current and accurate
information to the general public and consumers regarding long-term
health care facilities in their communities. The consumer
information service system shall include, but need not be limited to,
all of the following elements:
(1) An on-line inquiry system accessible through a
statewide toll-free telephone number and information
system available on the Internet through an accessible Web
site. The Web site created pursuant to this paragraph shall be
operational and made available to the public by March 1, 2008, and
shall include the information elements specified in paragraph (2)
.
(2) Long-term health care facility profiles, with data on services
provided, a history of all deficiencies, citations ,
and complaints for the last two three
full survey cycles, and current 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 facility.
(B) Current and accurate ownership information pursuant to
Sections 1265 and 1267.5, including, but not limited to, whether the
facility is a for-profit or nonprofit provider; the name, address,
and telephone number of the facility's parent company, if applicable;
and the name, address, and telephone number of the licensee.
(B)
(C) The number of units or
licensed beds in the facility.
(C)
(D) Whether the facility accepts Medicare or Medi-Cal
patients.
(E) Whether the facility has filed a notice of intent to withdraw
from the Medi-Cal program, and the date that the notice of intent to
withdraw was filed with the department.
(D)
(F) Whether the facility has a special care unit or
program for people with Alzheimer's disease and other dementias, and
whether the facility participates in the voluntary disclosure program
for special care units.
(E) Whether the facility is a for-profit or not-for-profit
provider.
(3)
(G) Information regarding all substantiated
and unsubstantiated complaints shall include
, including, but not limited to, the date of the
complaint, the date the complaint was investigated,
the action taken , and the date of the action
taken .
(H) Information describing all state and federal deficiencies
issued to the facility, including, but not limited to, the date of
the deficiency, the nature of the deficiency, and the scope and
severity of the deficiency.
(4)
(I) Information regarding the state citations
assessed shall include the status of the state citation, including
the facility's plan or correction, and information as to whether an
appeal has been filed describing all state
citations assessed, including, but not limited to, the nature of the
citation, the class of the citation, the amount of the penalty
assessed, and the status of the citation .
(5)
(J) Any Updated information, on
a regular and timely basis, regarding any appeal resolution
pertaining to a citation or complaint shall be updated on
the file in a timely manner .
(b) Where feasible, the department shall interface the consumer
information service system with its Automated Certification and
Licensure Information Management System.
(c)
(K) Information describing state enforcement actions imposed,
including, but not limited to, license suspensions, revocations, and
the appointment of temporary managers and receiverships.
(L) Information describing federal enforcement sanctions imposed,
including, but not limited to, any denial of payment, temporary
management, termination, or any civil money penalty imposed.
(M) Any information or data beneficial to the public and
consumers.
(b) It is the intent of the Legislature that the
department, in developing and establishing the system pursuant to
subdivision (a), maximize the use of available federal funds.
(d) (1) Notwithstanding the consumer information service system
established pursuant to subdivision (a), by January 1, 2002, the
state department shall develop a method whereby information is
provided to the public and consumers on long-term health care
facilities. The information provided shall include, but not be
limited to, all of the following elements:
(A) Substantiated complaints, including the action taken and the
date of the action.
(B) State citations assessed, including the status of any
citation and whether an appeal has been filed.
(C) State actions, including license suspensions, revocations,
and receiverships.
(D) Federal enforcement sanctions imposed, including any denial
of payment, temporary management, termination, or civil money penalty
of five hundred dollars ($500) or more.
(E) Any information or data beneficial to the public and
consumers.
(2) This subdivision shall become inoperative on July 1, 2003.
(e)
(c) In implementing this section, the department shall
ensure the confidentiality of personal and identifying information of
residents and employees , and shall not disclose this
information through the consumer information service system developed
pursuant to this section.
(d) The department shall make current written copies of the
long-term health care facility profiles available to the public
through its district offices.