BILL NUMBER: AB 601	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015

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

                        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 amended, 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  specified information, including 
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
 business  addresses of any  persons or
organizations   person, organization, or entity 
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   the department to cross-check  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  current  name,  business  address,
and telephone number of the  licensed providers and the
number of licensed beds in a residential care facility for the
elderly.   licensee.
   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   if  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   if 
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
  if  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 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, that shall include, but not be limited
to, all of the following:
   (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.
   (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,
  thereof holding a beneficial ownership interest of 10
percent or more,  and the person  in charge
 who has operational control  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   applicant and by
any parent organization of the applicant,  the names and 
business  addresses of any  persons or organizations
  person,   organization, or entity 
listed as the owner of record in the real estate of the facilities,
including the buildings and grounds appurtenant to the 
buildings.   buildings, and the email address of the
applicant. 
   (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.
   (5) Disclosure of the  applicant's or 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, 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.
  facility within the past 10 years. 
   (6) Disclosure of any revocation, suspension,  probation,
 or other  sim  ilar  disciplinary  or
enforcement  action taken in California or any other state,
or in the process of being taken,  against a facility identified
in paragraph (5) or  against a license held or previously held
by the entities  and persons  specified in paragraph
 (5).   (5) within the past 10 years. 
   (7) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
   (8) Following the implementation of Article 7 (commencing with
Section 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.
   (9) Evidence satisfactory to the department of adequate knowledge
of supportive services and other community supports that may be
necessary to meet the needs of elderly residents.
   (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.
   (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.   deed. 
   (13) Evidence of successfully completing a certified prelicensure
education program pursuant to Section 1569.23.
   (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   The department shall cross-check
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   if  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  if  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  current  name,  business  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,   licensee,
the name of the owner of the residential care facility for the
elderly, if not the same as the licensee, the name of any parent
corporation, the licensed capacity of the facility, including the
capacity for nonambulatory residents,  whether the facility is
permitted to  provide   accept and retain
residents receiving  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 
 if  the applicant has a history of noncompliance with 
any of  the  requirements   following:

    (1)     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. 
    (2)     Applicable  state and federal
laws and  regulations, and the requirements  
regulations. 
    (3)     Requirements  governing the
operators of  those facilities.   the facilities
specified in paragraph (1). 
   (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 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.