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California Steps Up Nursing Home Oversight

Wed, 09/06/2000 - 12:00am — Karen Stevenson
Description: 

In the final week before they recessed, the California Legislature sent AB 1731 to the governor. This bill is intended to increase nursing home oversight and consumer protection measures in the state. The bill addresses several areas:

Fines for class "AA" citations of long-term care facilities are increased to $25,000 to $100,000 per incidence.

Additional protections for residents are established in the event that a facility changes ownership or enters receivership, by restricting the ability of new owners to transfer or move residents, and allowing the State increased latitude in setting up a temporary manager. It also provides for additional facility inspections if there are changes in key personnel, like the administrator or director of nursing.

The Department of Health Services (DHS) is instructed to investigate and implement higher minimum nursing hours requirements for nursing homes.

DHS is instructed to create a consumer information service system to provide updated and accurate information to the general public and consumers regarding long-term care facilities in their communities, including an on-line inquiry system accessible through a statewide toll-free telephone number and the Internet, with long-term health care facility profiles, a history of all citations and complaints for the last two full survey cycles, and ownership information.

The bill provides that if a long-term health care facility is sanctioned for violation of state or federal requirements, they must provide written notification of the action to each resident, the resident's responsible party and legal representative, and all applicants for admission to the facility.

The California Citizens for Nursing Home Reform opposed the bill as it was introduced, but some of their concerns were addressed in amendments to the final bill.

In the final week before they recessed, the California Legislature sent AB 1731 to the governor. This bill is intended to increase nursing home oversight and consumer protection measures in the state. The bill addresses several areas:

Fines for class "AA" citations of long-term care facilities are increased to $25,000 to $100,000 per incidence.

Additional protections for residents are established in the event that a facility changes ownership or enters receivership, by restricting the ability of new owners to transfer or move residents, and allowing the State increased latitude in setting up a temporary manager. It also provides for additional facility inspections if there are changes in key personnel, like the administrator or director of nursing.

The Department of Health Services (DHS) is instructed to investigate and implement higher minimum nursing hours requirements for nursing homes.

DHS is instructed to create a consumer information service system to provide updated and accurate information to the general public and consumers regarding long-term care facilities in their communities, including an on-line inquiry system accessible through a statewide toll-free telephone number and the Internet, with long-term health care facility profiles, a history of all citations and complaints for the last two full survey cycles, and ownership information.

The bill provides that if a long-term health care facility is sanctioned for violation of state or federal requirements, they must provide written notification of the action to each resident, the resident's responsible party and legal representative, and all applicants for admission to the facility.

The California Citizens for Nursing Home Reform opposed the bill as it was introduced, but some of their concerns were addressed in amendments to the final bill.