AB 784 — Long-term health care facilities: bed holds: appeals.
Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Under existing law, residents of long-term health care facilities have certain rights, including the right to be readmitted to a facility following a hospital stay, as specified, and the right, if denied readmission by the facility, to appeal this decision. Existing law establishes the State Health Facilities Citation Penalties Account within the Special Deposit Fund, available upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities. This bill would require the State Department of Health Care Services to conduct the appeal hearings. This bill would require that the State Department of Public Health be bound by a decision rendered by the State Department of Health Care Services. If readmission is ordered on appeal and the facility refuses to readmit the resident, the bill would require the State Department of Health Care Services to refer the matter to the State Department of Public Health, and require the State Department of Public Health to assess a specified civil penalty against the facility each day, until the resident is readmitted or a maximum penalty amount is reached. This bill would increase these penalty amounts if the facility has previously refused after being ordered on appeal to readmit a resident. The bill would require that these penalties be deposited into the State Health Facilities Citation Penalties Account. The bill would authorize the State Department of Health Care Services and the State Department of Public Health to request that the Attorney General seek injunctive relief and damages pursuant to specified provisions of law. The bill would authorize the departments to implement these provisions by means of letters, provider bulletins, or other similar instructions.
Bill Text
- Amended 06/06/12 - Amended Senate Current pdf June 06, 2012
- Amended 08/23/11 - Amended Senate pdf August 23, 2011
- Amended 05/09/11 - Amended Assembly pdf May 09, 2011
- Introduced 02/17/11 - Introduced pdf February 17, 2011
- AB784 View text html
Action History
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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In committee: Set, first hearing. Testimony taken. Further hearing to be set.
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In committee: Hearing postponed by committee.
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Referred to Com. on HEALTH.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1703.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 17. Noes 0.) (May 27).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (May 3).
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Referred to Com. on HEALTH.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Yamada · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Yamada
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 74 | 0 | 0 | 3 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Halderman | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Garrick | — | Yea |
| Atkins | — | Yea |
| Butler | — | Yea |
| Hagman | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Campos | — | Yea |
| Portantino | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Carter | — | Yea |
| Allen | — | Yea |
| Hueso | — | Yea |
| Huffman | — | Yea |
| Bonilla | — | Yea |
| Knight | — | Yea |
| Ammiano | — | Yea |
| Blumenfield | — | Yea |
| Cedillo | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Davis | — | Yea |
| Lara | — | Yea |
| Logue | — | Yea |
| Miller | — | Yea |
| Nestande | — | Yea |
| Nielsen | — | Yea |
| Olsen | — | Yea |
| Pan | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Wieckowski | — | Yea |
| Williams | — | Yea |
| Fong | — | Yea |
| Fletcher | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Gorell | — | Not Voting |
| Block | — | Yea |
| Donnelly | — | Not Voting |
| Monning | — | Yea |
| Smyth | — | Yea |
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Beall | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Jeffries | — | Yea |
| Ma | — | Yea |
| Mansoor | — | Yea |
| Mendoza | — | Yea |
| Morrell | — | Yea |
| Norby | — | Yea |
| Perea | — | Yea |
| Solorio | — | Yea |
| Valadao | — | Yea |
| Wagner | — | Yea |
| Cook | — | Yea |
| Eng | — | Yea |
| Feuer | — | Yea |
| Dickinson | — | Yea |
| Gatto | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Not Voting |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Mitchell | — | Yea |
| Hall | — | Yea |
| Campos | — | Yea |
| Donnelly | — | Yea |
| Norby | — | Yea |
| Solorio | — | Yea |
| Gatto | — | Yea |
| Harkey | — | Yea |
| Wagner | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Nielsen | — | Yea |
| Davis | — | Yea |
| Fuentes | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 0 | 0 | 2 |
| Total | 17 | 0 | 0 | 2 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (19)
| Member | Party | Vote |
|---|---|---|
| Mitchell | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Gordon | — | Yea |
| Hayashi | — | Yea |
| Monning | — | Yea |
| Nestande | — | Yea |
| Smyth | — | Yea |
| Ammiano | — | Yea |
| Logue | — | Not Voting |
| Mansoor | — | Yea |
| Pan | — | Yea |
| Silva | — | Yea |
| Williams | — | Yea |
| Eng | — | Yea |
| Garrick | — | Yea |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Not Voting |
| V. Manuel Pérez | — | Yea |
Subjects
Frequently asked questions
- What does AB 784 do?
- Under existing law, residents of long-term health care facilities have certain rights, including the right to be readmitted to a facility following a hospital stay, as specified, and the right, if denied readmission by the facility, to appeal this decision. Existing law establishes the State Health Facilities Citation Penalties Account within the Special Deposit Fund, available upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities. This bill would require the State Department of Health Care Services to conduct the appeal hearings. This bill would require that the State Department of Public Health be bound by a decision rendered by the State Department of Health Care Services. If readmission is ordered on appeal and the facility refuses to readmit the resident, the bill would require the State Department of Health Care Services to refer the matter to the State Department of Public Health, and require the State Department of Public Health to assess a specified civil penalty against the facility each day, until the resident is readmitted or a maximum penalty amount is reached. This bill would increase these penalty amounts if the facility has previously refused after being ordered on appeal to readmit a resident. The bill would require that these penalties be deposited into the State Health Facilities Citation Penalties Account. The bill would authorize the State Department of Health Care Services and the State Department of Public Health to request that the Attorney General seek injunctive relief and damages pursuant to specified provisions of law. The bill would authorize the departments to implement these provisions by means of letters, provider bulletins, or other similar instructions.
- Who sponsors AB 784?
- AB 784 is sponsored by Yamada.
- What is the current status of AB 784?
- This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 784?
- Track AB 784 free on One Click Politics — get push/email alerts when it moves.
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