SENIOR ASSEMBLY PROPOSAL NO. 19
INTRODUCED BY SENIOR ASSEMBLY MEMBER WOLFE
LEGISLATIVE COUNSEL'S DIGEST
AP 19: GRADING SYSTEM FOR NURSING HOMES.
EXISTING LAW ESTABLISHES AN INSPECTION AND REPORTING SYSTEM TO ENSURE THAT LONG-TERM HEALTH CARE FACILITIES ARE IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS PERTAINING TO PATIENT CARE AND A CITATION SYSTEM FOR THE IMPOSITION OF CIVIL SANCTIONS AGAINST LONG-TERM HEALTH CARE FACILITIES IN VIOLATION OF THOSE LAWS.
EXISTING LAW REQUIRES THE STATE DEPARTMENT OF PUBLIC HEALTH TO DEVELOP AND ESTABLISH 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. PURSUANT TO THIS REQUIREMENT, THE DEPARTMENT MAINTAINS THE HEALTH FACILITIES CONSUMER INFORMATION SYSTEM (HFCIS) WEB SITE, ON WHICH A VISITOR TO THE SITE CAN LOCATE A FACILITY IN A CHOSEN AREA AND OBTAIN PROFILE INFORMATION, INCLUDING PERFORMANCE HISTORY, SUCH AS COMPLAINTS, ENTITY REPORTED INCIDENTS, STATE ENFORCEMENT ACTIONS, AND SURVEY DEFICIENCIES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ESTABLISH A GRADING SYSTEM FOR NURSING HOMES AND LONG-TERM CARE FACILITIES TO ENSURE THAT MORE USER FRIENDLY, EASILY ACCESSIBLE INFORMATION REGARDING THE COMPLIANCE OF THESE ENTITIES WITH STATE AND FEDERAL LAWS IS AVAILABLE TO INDIVIDUALS REQUIRED TO MAKE PLACEMENT AND DISCHARGE DECISIONS.
VOTE: MAJORITY.
AP 19: RELATING TO NURSING HOMES
WHEREAS, INFORMATION AVAILABLE TO THE PUBLIC INDICATING A NURSING HOME’S OR LONG-TERM CARE FACILITY’S COMPLIANCE WITH STATE AND FEDERAL REGULATORY REQUIREMENTS IS LIMITED; AND
WHEREAS, IN THE STATE OF CALIFORNIA, THERE ARE FOUR TO SIX MILLION ELDERLY INDIVIDUALS, APPROXIMATELY 26 PERCENT OF WHOM ARE BESET BY CHRONIC HEALTH CARE ISSUES AND DISABILITIES, FREQUENTLY REQUIRING SHORT- AND LONG-TERM CARE; AND
WHEREAS, ONLY APPROXIMATELY 1/3 OF THE SENIOR POPULATION HAS ACCESS TO A COMPUTER AND MANY LACK SKILLS TO PROPERLY OBTAIN RELIABLE INFORMATION REGARDING NURSING HOME AND LONG-TERM CARE FACILITY COMPLIANCE USING THE COMPUTER; AND
WHEREAS, INFORMATION AVAILABLE ON THE INTERNET IS NOT SIMPLIFIED OR EASILY UNDERSTOOD BY SENIORS; AND
WHEREAS, A SIGNIFICANT AMOUNT OF INFORMATION REGARDING COMPLIANCE OF NURSING HOME AND LONG-TERM CARE FACILITIES IS COMMUNICATED THROUGH THE MEDIA, INCLUDING LOCAL NEWSPAPERS, AFTER AN UNLAWFUL EVENT HAS TAKEN PLACE IN A FACILITY; AND
WHEREAS, MANY INDIVIDUALS AND FAMILY MEMBERS ARE REQUIRED TO MAKE QUICK DECISIONS REGARDING PLACEMENT OR DISCHARGE OF THEIR ELDERLY LOVED ONES INTO AND OUT OF NURSING HOMES AND OTHER LONG-TERM CARE FACILITIES. IN THESE INSTANCES, THE RESPONSIBLE PARTY OFTEN BASES THEIR DECISION ON PERSONAL RECOMMENDATIONS; AND
WHEREAS, WHEN MAKING RECOMMENDATIONS FOR PLACEMENT OR
DISCHARGE, DISCHARGE PLANNERS, PHYSICIANS, AND OTHER AGENCIES GENERALLY HAVE
LIMITED INFORMATION
AS TO THE COMPLIANCE STATUS OF A PARTICULAR NURSING HOME OR LONG-TERM CARE
FACILITY; AND
WHEREAS, CURRENTLY THERE ARE AT LEAST THREE OTHER STATES THAT PROVIDE TO THE PUBLIC A GRADING SYSTEM FOR NURSING HOMES AND LONG-TERM CARE FACILITIES; AND
WHEREAS, NURSING HOMES AND LONG-TERM CARE FACILITIES SHOULD BE SURVEYED, INSPECTED, AND GIVEN A GRADE BASED ON THE FACILITY’S COMPLIANCE WITH FEDERAL AND STATE REGULATORY STANDARDS AND THIS GRADING SYSTEM SHOULD HAVE, AT A MINIMUM, THE FOLLOWING ELEMENTS:
(1) A REQUIREMENT THAT NURSING HOME AND LONG-TERM CARE FACILITY COMPLIANCE GRADES BE POSTED AT A LOCATION READILY VIEWABLE BY THE PUBLIC AND PATIENTS, AND INCLUDE CONTACT INFORMATION TO INQUIRE WHY A PARTICULAR GRADE WAS GIVEN.
(2) THE RIGHT OF NURSING HOMES AND LONG-TERM CARE FACILITIES TO APPEAL ANY GRADES GIVEN WITHIN 10 DAYS OF THE INITIAL GRADE POSTING.
(3) A REQUIREMENT THAT THE AGENCY ISSUING THE GRADE
MAINTAIN A REGISTRY OF ALL GRADES AND MAKE THE REGISTRY AVAILABLE TO THE PUBLIC
DURING NORMAL BUSINESS HOURS;
NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE,
JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008
REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT
A GRADING SYSTEM BE ESTABLISHED FOR NURSING HOMES AND LONG-TERM CARE FACILITIES
TO ENSURE THAT MORE USER FRIENDLY, EASILY ACCESSIBLE INFORMATION REGARDING THE
COMPLIANCE OF THESE ENTITIES WITH STATE AND FEDERAL REGULATORY REQUIREMENTS
IS AVAILABLE TO INDIVIDUALS REQUIRED TO MAKE PLACEMENT
AND DISCHARGE DECISIONS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN 08 21904
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