California AB 275: Long-term care facilities: requirements for changes resulting in the inability of the facility to care for its residents.

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 Bill Text - AB-275 Long-term care facilities: requirements for changes resulting in the inability of the facility to care for its residents.

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 |Add To My Favorites | Version: 09/01/17 - Chaptered
 08/22/17 - Enrolled
 07/06/17 - Amended Senate
 06/13/17 - Amended Senate
 03/28/17 - Amended Assembly
 03/23/17 - Amended Assembly
 03/08/17 - Amended Assembly
 02/01/17 - Introduced

 AB-275 Long-term care facilities: requirements for changes resulting in the inability of the facility to care for its residents.(2017-2018)

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 Date Published: 09/02/2017 04:00 AM

AB275:v92#DOCUMENTBill Start

 Assembly Bill

 No. 275

 CHAPTER 185

 An act to amend Sections 1336, 1336.1, 1336.2, and 1336.3 of the Health and Safety Code, relating to care facilities. 

 [
 Approved by

 Governor
 September 01, 2017.

 Filed with

 Secretary of State
 September 01, 2017.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 275, Wood.
 Long-term care facilities: requirements for changes resulting in the inability of the facility to care for its residents.

(1) Existing law imposes various notice and planning requirements upon a long-term health care facility before allowing a change in the status of the license or operation of the facility that results in the inability of the facility to care for its patients or residents, including a requirement for written notification to the affected patients or their guardians at least 30 days prior to the change. Under existing law, these requirements also include taking reasonable steps to medically, socially, and physically assess each affected patient or resident prior to a transfer due to the change, and, when 10 or more residents are likely to be transferred due to a change, the preparation and submission of a proposed relocation plan to the department for approval. A violation of these requirements is a misdemeanor and also may be enforced by the issuance of citations and the
 imposition of civil penalties.

This bill would expand the notice and planning requirements that a long-term health care facility provides before any change in the status of the license or in the operation of the facility that results in its inability to care for its residents. The bill would require a facility to provide 60 days’ notice to the affected residents or their guardians and 60-day written notice to the State Long-Term Care Ombudsman. The bill would also require the facility to give written notification to the State Department of Health Care Services and any health plan of an affected resident of the change in the status of the license or the operation of the facility at least 60 days prior to any change in the status of the license or the operation of the facility. The bill would modify who may perform the required assessments of the affected residents. The bill would authorize the State Department of Public Health to require the facility, as part of the
 proposed relocation plan required when 10 or more residents are likely to be transferred, to provide additional information, including information on the number of residents affected by the proposed closure and an attestation that each resident will undergo a medical assessment, as specified, before being relocated. By expanding the notice and reporting requirements under these provisions, the bill would expand the definition of a crime, thereby imposing a state-mandated local program. The bill would also make technical, nonsubstantive changes to uniformly use the term “resident” and the State Department of Public Health in these provisions.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no
 reimbursement is required by this act for a specified reason.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1336 of the Health and Safety Code is amended to read:

1336.

 (a) Notwithstanding any other law, a long-term health care facility shall give written notice to the affected residents or to the guardians of the affected residents at least 60 days prior to any change in the status of the license or in the operation of the facility resulting in the inability of the fac