Report 2017-109 Recommendation Responses
Report 2017-109: Skilled Nursing Facilities: Absent Effective State Oversight, Substandard Quality of Care Has Continued (Release Date: May 2018)
Recommendation for Legislative Action
To ensure that Public Health's oversight results in nursing facilities improving their quality of care, the Legislature should require that Public Health increase citation penalty amounts annually by—at a minimum—the cost of inflation.
Description of Legislative Action
AB 323 (Chapter 458, Statutes of 2021) redefines 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 increases the civil penalties for a class "A," "AA," or "B" violation by a skilled nursing facility or intermediate care facility, as specified. The bill deletes numerous references to the "patients" of a long-term health care facility.
- Legislative Action Current As-of: October 2022
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted
Description of Legislative Action
As of May 1, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: April 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
AB 506 (Kalra) would have redefined class "AA" violations as class "A" violations when the Department of Public Health (Public Health) determines that the violation was a "substantial factor" in the death of a resident of a long-term care facility. The bill also would have increased the civil penalties for class A, AA, or B violations by certain long-term care facilities, and required Public Health to annually adjust the penalties based on the California Consumer Price Index. This bill was vetoed by the Governor.
AB 2245 (Kalra) was introduced on February 13, 2020, and would redefine a class "AA" violation as a class "A" violation that Public Health determines to have been a substantial factor 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.
- Legislative Action Current As-of: May 2020
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Introduced
Description of Legislative Action
AB 506 (Kalra) would redefine class "AA" violations as class "A" violations when the Department of Public Health (Public Health) determines that the violation was a "substantial factor" in the death of a resident of a long-term care facility. The bill would also increase the civil penalties for class A, AA, or B violations by certain long-term care facilities, and require Public Health to annually adjust the penalties based on the California Consumer Price Index.
- Legislative Action Current As-of: May 2019
California State Auditor's Assessment of 1-Year Status: Legislation Introduced
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: November 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: August 2018