BILL NUMBER: AB 601	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman
   (Principal coauthor: Assembly Member Brown)
   (Coauthors: Assembly Members Calderon and Mark Stone)

                        FEBRUARY 24, 2015

   An act to amend Sections 1569.15 and 1569.618 of, and to add
Sections 1569.356 and 1569.501 to, the Health and Safety Code,
relating to health facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 601, as introduced, Eggman. Residential care facilities for the
elderly: licensing and regulation.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure of residential care
facilities for the elderly by the State Department of Social
Services. Existing law requires any person seeking a license for a
residential care facility for the elderly to file an application with
the department, as specified. Among other required application
information, if the applicant is a firm, association, organization,
partnership, business trust, corporation, or company, evidence of
reputable and responsible character is required to be submitted as to
the members or shareholders thereof, and the person in charge of the
residential care facility for the elderly for which the application
for issuance of license or special permit is made.
   This bill would, among other things, additionally require the
applicant to disclose whether it is a for-profit or not-for-profit
provider, the names and license numbers of other community care or
health care facilities owned, managed, or operated by the same
applicant, and the names and addresses of any persons or
organizations listed as owner of record in the real estate of the
facilities. The bill would require an applicant to provide additional
information, including evidence of the right of possession of the
facility at the time the license is granted. The bill would also
require that specified applicant information be cross checked with
the State Department of Public Health to determine if the applicant
has a prior history of operating, holding a position in, or having
ownership in, specified licensed facilities.
   Existing law requires the Director of Social Services to establish
an automated license information system on licensees and former
licensees of licensed residential care facilities for the elderly.
The system is required to maintain a record of any information that
may be pertinent for licensure.
   This bill would require, to the extent that the department's
computer system can accommodate additional information, the
department to post on its Internet Web site specified information,
including the name, address, and telephone number of the licensed
providers and the number of licensed beds in a residential care
facility for the elderly.
   Existing law authorizes the department to deny any application for
a license to operate a residential care facility for the elderly or
to suspend or revoke a license on certain grounds, including, but not
limited to, a violation by the licensee of applicable provisions or
of the rules and regulations adopted under those provisions, conduct
that is inimical to the health, morals, welfare, or safety of either
an individual in or receiving services from the facility or the
people of the state, or engaging in acts of financial malfeasance
concerning the operation of a facility.
   This bill would require the department to deny an application for
licensure or authorize it to subsequently revoke a license on the
grounds that the applicant knowingly made a false statement of fact
with regard to information that was required by the application for
licensure, and would authorize the department to deny an application
for licensure or subsequently revoke a license on the grounds that
the applicant did not disclose enforcement actions on the application
as required. The bill would also authorize the department to deny an
application for licensure on the grounds that the applicant has a
history of noncompliance with the requirements imposed under
specified facility licenses or a similarly licensed facility in
another state, applicable state and federal laws and regulations, and
the requirements governing the operators of those facilities.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.15 of the Health and Safety Code is
amended to read:
   1569.15.   (a)    Any person  desiring
issuance of   seeking  a license for a residential
care facility for the elderly under this chapter shall file with the
department, pursuant to regulations, an application on forms
furnished by the department,  which   that 
shall include, but not be limited  to:  to, all
of the following:  
   (a) 
    (1)  Evidence satisfactory to the department of the
ability of the applicant to comply with this chapter and of rules and
regulations adopted under this chapter by the department. 
   (b)
    (2)  Evidence satisfactory to the department that the
applicant is of reputable and responsible character. The evidence
shall include, but not be limited to, a criminal record clearance
pursuant to Section 1569.17, employment history, and character
references. If the applicant is a firm, association, organization,
partnership, business trust, corporation, or company, like evidence
shall be submitted as to the members or shareholders thereof, and the
person in charge of the residential care facility for the elderly
 for  which  the  application for issuance of
license or special permit is made. 
   (3) The applicant shall disclose whether it is a for-profit or
not-for-profit provider, the names and license numbers of other
community care or health care facilities owned, managed, or operated
by the same applicant, and the names and addresses of any persons or
organizations listed as the owner of record in the real estate of the
facilities, including the buildings and grounds appurtenant to the
buildings.  
   (c) 
    (4)  Evidence satisfactory to the department that the
applicant has sufficient financial resources to maintain the
standards of service required by regulations adopted pursuant to this
chapter. 
   (d) 
    (5)  Disclosure of the applicant's  chief executive
officer, general partner, or like party's  prior or present
service  in California or any other state  as an
administrator, general partner, corporate officer or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any residential care facility for the 
elderly or   elderly,  in any facility licensed
pursuant to Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), or Chapter 3 (commencing with Section
 1500).   1500), or a similarly licensed
facility   .  
   (e) 
    (6)  Disclosure of any revocation  , suspension,
 or other disciplinary  or enforcement  action 
taken,   taken in California or any other state, 
or in the process of being taken, against a license held or
previously held by the entities specified in  subdivision
(c).   paragraph (   5).  
   (f) 
    (7)  Any other information as may be required by the
department for the proper administration and enforcement of this
chapter. 
   (g) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.  
   (h) 
    (8)  Following the implementation of Article 7
(commencing with Section  1569.70)   1569.70),
 evidence satisfactory to the department of the applicant's
ability to meet regulatory requirements for the level of care the
facility intends to provide. 
   (i) 
    (9)  Evidence satisfactory to the department of adequate
knowledge of supportive services and other community supports
 which   that  may be necessary to meet the
needs of elderly residents. 
   (j) 
    (10)  A signed statement that the person desiring
issuance of a license has read and understood the residential care
facility for the elderly statute and regulations. 
   (k) 
    (11)  Designation by the applicant of the individual who
shall be the administrator of the facility, including, if the
applicant is an individual, whether or not the licensee shall also be
the administrator. 
   (12) Evidence of the right of possession of the facility at the
time the license is granted, which may be satisfied by the submission
of a copy of applicable portions of a lease agreement or deed of
trust.  
   (l) 
    (13  ) Evidence of successfully completing a certified
prelicensure education program pursuant to Section 1569.23. 
   (m) 
    (14)  For any facility that promotes or advertises or
plans to promote or advertise special care, special programming, or
special environments for persons with dementia, disclosure to the
department of the special features of the facility in its plan of
operation. 
   (b) All applicant information disclosed pursuant to paragraph (5)
of subdivision (a) shall be cross checked with the State Department
of Public Health to determine if the applicant has a prior history of
operating, holding a position in, or having ownership in, any entity
specified in paragraph (5) of subdivision (a).  
   (c) Failure of the applicant to cooperate with the licensing
agency in the completion of the application may result in the denial
of the application. Failure to cooperate means that the information
described in this section and in the regulations of the department
has not been provided, or has not been provided in the form requested
by the licensing agency, or both.  
   (d) The information required by this section shall be provided to
the department upon initial application for licensure, and any change
in the information shall be provided to the department within 30
calendar days of that change.  
   (e) (1) The department shall deny an application for licensure or
may subsequently revoke a license under this chapter on the grounds
that the applicant knowingly made a false statement of fact with
regard to information that was required by the application for
licensure.  
   (2) The department may deny an application for licensure or may
subsequently revoke a license under this chapter on the grounds that
the applicant did not disclose enforcement actions on the application
as required by paragraph (6) of subdivision (a). 
  SEC. 2.  Section 1569.356 is added to the Health and Safety Code,
to read:
   1569.356.  To the extent that the department's computer system can
accommodate additional residential care facility for the elderly
profile information, the department shall post on its Internet Web
site the name, address, and telephone number of the licensed
providers, including the owner and the licensee, the number of
licensed beds in the facility, including the number of nonambulatory
beds, whether the facility is permitted to provide hospice care
services, whether the facility has a special care unit or program for
people with Alzheimer's disease and other dementias and has a
delayed egress or secured perimeter system in place, and information
required pursuant to Section 1569.15.
  SEC. 3.  Section 1569.501 is added to the Health and Safety Code,
immediately following Section 1569.50, to read:
   1569.501.  (a) The department may deny an application for
licensure under this chapter on the grounds that the applicant has a
history of noncompliance with the requirements imposed upon any
residential care facility for the elderly license, any facility
licensed pursuant to Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing
with Section 1500), or a similarly licensed facility in another
state, applicable state and federal laws and regulations, and the
requirements governing the operators of those facilities.
   (b) This section applies to an applicant that is or was an
administrator, general partner, chief executive officer or like
party, corporate officer or director of, or is a person who has held
or holds a beneficial ownership of 10 percent or more in, any
residential care facility for the elderly, in any facility licensed
pursuant to Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), or Chapter 3 (commencing with Section
1500), or a similarly licensed facility in another state.
   (c) Noncompliance by the chief executive officer, general partner,
or like party with the requirements of this chapter and its
implementing regulations may be the basis for license decisions
against the owner.
  SEC. 4.  Section 1569.618 of the Health and Safety Code is amended
to read:
   1569.618.  (a) The administrator designated by the licensee
pursuant to  subdivision (k)   paragraph (11) of
subdivision (a)  of Section 1569.15 shall be present at the
facility during normal working hours. A facility manager designated
by the licensee with notice to the department, shall be responsible
for the operation of the facility when the administrator is
temporarily absent from the facility.
   (b) At least one administrator, facility manager, or designated
substitute who is at least 21 years of age and has qualifications
adequate to be responsible and accountable for the management and
administration of the facility pursuant to Title 22 of the California
Code of Regulations shall be on the premises 24 hours per day. The
designated substitute may be a direct care staff member who shall not
be required to meet the educational, certification, or training
requirements of an administrator. The designated substitute shall
meet qualifications that include, but are not limited to, all of the
following:
   (1) Knowledge of the requirements for providing care and
supervision appropriate to each resident of the facility.
   (2) Familiarity with the facility's planned emergency procedures.
   (3) Training to effectively interact with emergency personnel in
the event of an emergency call, including an ability to provide a
resident's medical records to emergency responders.
   (c) The facility shall employ, and the administrator shall
schedule, a sufficient number of staff members to do all of the
following:
   (1) Provide the care required in each resident's written record of
care as described in Section 1569.80.
   (2) Ensure the health, safety, comfort, and supervision of the
residents.
   (3) Ensure that at least one staff member who has cardiopulmonary
resuscitation (CPR) training and first aid training is on duty and on
the premises at all times. This paragraph shall not be construed to
require staff to provide CPR.
   (4) Ensure that the facility is clean, safe, sanitary, and in good
repair at all times.
   (d) "Facility manager" means a person on the premises with the
authority and responsibility necessary to manage and control the
day-to-day operation of a residential care facility for the elderly
and supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility, he
or she shall be limited to the administration and management of only
one facility.