Ash Kalra
- Democratic
- Assemblymember
- District 25
Author
The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. The term "long-term health care facility" includes, among other types of facilities, a skilled nursing facility and intermediate care facility. The act defines a class "A" violation as a violation that the department determines presents either (1) imminent danger that death or serious harm to the patients or residents of the long-term health care facility would result therefrom, or (2) substantial probability that death or serious physical harm to patients or residents of the long-term health care facility would result therefrom. The act defines a class "AA" violation as a class "A" violation that the department determines to have been a direct proximate cause of death of a patient or resident of the facility. The act defines a class "B" violation as a violation that the department determines has a direct or immediate relationship to the health, safety, or security of long-term health care facility patients or residents, other than class "AA" or "A" violations. Class "B" violations are also, unless otherwise determined by the department to be a class "A" violation, any violation of a patient's rights as set forth in specified regulations that is determined by the department to cause, or under circumstances likely to cause, significant humiliation, indignity, anxiety, or other emotional trauma to a patient. The act requires the department to prove specific elements to enforce a citation for a class "AA" violation, including the element that death resulted from an occurrence of a nature that the regulation was designed to prevent. This bill would redefine a class "AA" violation as a class "A" violation that the department determines to have been a substantial factor, as described, in the death of a resident of a long-term health care facility. The bill would increase the civil penalties for a class "A," "AA," or "B" violation by a skilled nursing facility or intermediate care facility, as specified. The bill would delete numerous references to the "patients" of a long-term health care facility.
Chaptered by Secretary of State - Chapter 458, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 13. Page 2826.).
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2334.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 13).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 30). Re-referred to Com. on JUD.
In committee: Hearing postponed by committee.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 12. Page 1430.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 13. Noes 3.) (May 5).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (April 27). Re-referred to Com. on APPR.
From printer. May be heard in committee February 26.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB323 | HTML |
| 01/26/21 - Introduced | |
| 07/15/21 - Amended Senate | |
| 09/09/21 - Enrolled | |
| 10/04/21 - Chaptered |
| Document | Format |
|---|---|
| 04/23/21- Assembly Health | |
| 05/03/21- Assembly Appropriations | |
| 05/07/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/28/21- Senate Health | |
| 07/09/21- Senate Judiciary | |
| 08/18/21- Sen. Floor Analyses | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS |
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