AB 486

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 31, 2023
  • Senate
  • Governor

Long-term health facilities: citation appeals.

Abstract

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 act divides violations into classes AA, A, and B, depending on the severity and probability of the harm resulting or that could result from the violation. Under existing law, if a licensee decides to contest a class "AA" or "A" citation, the licensee is required, within 15 business days of the service of the citation, to inform the director of the licensee's intent to adjudicate the validity of the violation in the superior court, and to file that action within 90 days, as specified. Existing law requires a licensee who desires to contest a class "B" citation to, within 15 working days after service of the citation, notify the director or the director's designee that the licensee wishes to appeal the citation through specified department administrative adjudicatory procedures, or elects to submit the matter to binding arbitration through the American Arbitration Association. This bill would delete the civil action provisions for contesting a class "AA" or "A" citation, and would make those citation classifications subject to the administrative proceedings applicable for contesting a class "B" citation. The bill would authorize an administrative law judge to affirm, modify, or dismiss a citation, the class of a citation, or the proposed penalty. The bill would authorize a licensee to seek judicial review of an administrative law judge's decision. The bill would make related conforming changes and various technical, nonsubstantive changes. Notwithstanding those provisions, the bill would delay application of its changes with respect to contesting class "AA"and class "A" citations with respect to the Laguna Honda Hospital and Rehabilitation Center as specified, until the earlier of January 1, 2026, or 30 days after the facility provides documentation to the department regarding its recertification to participate in the federal Medicare and Medicaid programs. Until that time, the bill would authorize the facility to appeal class "AA" and class "A" citations to the superior court in the same manner as provided under existing law, as specified. The bill would repeal that authorization on January 1, 2026. This bill would make legislative findings and declarations as to the necessity of a special statute for the Laguna Honda Hospital and Rehabilitation Center in the City and County of San Francisco.

Bill Sponsors (2)

Votes


Actions


Jun 17, 2024

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jul 11, 2023

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

Jul 03, 2023

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 29, 2023

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 1.) (June 28). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Jun 14, 2023

Senate

Referred to Coms. on HEALTH and JUD.

  • Referral-Committee
Coms. on HEALTH and JUD.

Jun 01, 2023

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 31, 2023

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 17. Page 2005.)

May 22, 2023

Assembly

Read third time and amended. Ordered to third reading. (Page 1684.)

May 18, 2023

Assembly

Joint Rule 62(a), file notice suspended. (Page 1580.)

Assembly

From committee: Do pass. (Ayes 11. Noes 3.) (May 18).

Assembly

Read second time. Ordered to third reading.

May 17, 2023

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

May 10, 2023

Assembly

In committee: Hearing postponed by committee.

May 03, 2023

Assembly

In committee: Hearing postponed by committee.

Apr 19, 2023

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (April 18). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 10, 2023

Assembly

In committee: Set, second hearing. Hearing canceled at the request of author.

Mar 23, 2023

Assembly

Re-referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Mar 22, 2023

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

Mar 21, 2023

Assembly

In committee: Set, first hearing. Hearing canceled at the request of author.

Feb 17, 2023

Assembly

Referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Feb 08, 2023

Assembly

From printer. May be heard in committee March 10.

Feb 07, 2023

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB486 HTML
02/07/23 - Introduced PDF
03/22/23 - Amended Assembly PDF
05/22/23 - Amended Assembly PDF
07/03/23 - Amended Senate PDF
06/17/24 - Amended Senate PDF

Related Documents

Document Format
04/14/23- Assembly Health PDF
05/15/23- Assembly Appropriations PDF
05/19/23- ASSEMBLY FLOOR ANALYSIS PDF
05/24/23- ASSEMBLY FLOOR ANALYSIS PDF
06/26/23- Senate Health PDF

Sources

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