AB 486: Long-term health facilities: citation appeals.

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 licensees 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 directors 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 judges 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 AAand class A citations with respect to the Laguna Honda Hospital and Rehabilitation Center as specified, until the earlier of January 1, 2025, 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.