AB 641 — Long-term care.
Last action — Chaptered by Secretary of State - Chapter 729, Statutes of 2011.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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Cleared a recorded vote
Passed 10 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
The existing Long-Term Care, Health, Safety, and Security Act of 1973 establishes an inspection and reporting system and a provisional licensing mechanism, administered by the State Department of Public Health, to ensure that long-term health care facilities, as defined, are in compliance with state statutes, regulations, and federal standards pertaining to patient care. The act requires the department, if it determines that a violation of any state or federal law or regulation relating to the operation or maintenance of the facility warrants the issuance of a citation, to take specified actions regarding federal enforcement remedies and citations. The act prohibits the issuance of both a citation pursuant to state laws and the recommendation that a federal civil monetary penalty be imposed. This bill would delete this prohibition. The act establishes a citation and appeals process, that includes a citation review conference. This bill would repeal the citation review conference process and make conforming changes. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the State Department of Health Care Services to consider whether an undue hardship, as described, exists prior to finding that an applicant or recipient is subject to a period of ineligibility for medical assistance for home and facility care. This bill would require the State Department of Health Care Services to also consider whether an undue hardship exists for an applicant for, or recipient of, home and facility care under additional circumstances relating to the transfer of assets.
Bill Text
- Chaptered 10/09/11 - Chaptered Current pdf October 09, 2011
- Enrolled 09/19/11 - Enrolled pdf September 19, 2011
- Amended 08/23/11 - Amended Senate pdf August 23, 2011
- Amended 07/14/11 - Amended Senate pdf July 14, 2011
- Amended 06/28/11 - Amended Senate pdf June 28, 2011
- Amended 05/10/11 - Amended Assembly pdf May 10, 2011
- Amended 04/14/11 - Amended Assembly pdf April 14, 2011
- Amended 04/06/11 - Amended Assembly pdf April 06, 2011
- Amended 03/31/11 - Amended Assembly pdf March 31, 2011
- Introduced 02/16/11 - Introduced pdf February 16, 2011
- AB641 View text html
Action History
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Chaptered by Secretary of State - Chapter 729, Statutes of 2011.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 25. Page 3120.).
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From committee: That the Senate amendments be concurred in. (Ayes 11. Noes 4.) (September 8).
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Joint Rule 62(a), file notice suspended. (Page 3059.)
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Re-referred to Com. on HEALTH. pursuant to Assembly Rule 77.2.
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 2346.).
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Ordered to third reading.
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From committee: That the measure be returned to the Senate Floor for consideration. (Ayes 6. Noes 3.) (August 31).
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(Ayes 6. Noes 3.)
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Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
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Pursuant to Senate Rule 29.10,
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From committee: Be re-referred to Com. on HEALTH pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on HEALTH.
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Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
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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 APPR.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (July 6). Re-referred to Com. on APPR.
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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. Hearing canceled at the request of author.
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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 52. Noes 24. Page 1507.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 5.) (May 18).
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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 7. Noes 2.) (May 3).
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 4.) (April 26). Re-referred to Com. on JUD.
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Re-referred to Com. on HEALTH.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
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Referred to Coms. on HEALTH and JUD.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Ammiano · Cosponsor
- Blumenfield · Cosponsor
- Atkins · Cosponsor
- Feuer · Primary
- Huffman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 117 not signed on · 6 voted No
Sponsors (1)
- Feuer
Co-sponsors (4)
- Ammiano
- Blumenfield
- Atkins
- Huffman
Not signed on (117)
117 members have not signed on to this bill.
Show all 117 →"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 |
|---|---|---|---|---|
| Republican | 0 | 2 | 0 | 0 |
| Unaffiliated | 52 | 23 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 53 | 25 | 0 | 2 |
| % of votes cast | 66% | 31% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Butler | — | Yea |
| Feuer | — | Yea |
| Fong | — | Yea |
| Carter | — | Yea |
| Cedillo | — | Yea |
| Alejo | — | Yea |
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Allen | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Huffman | — | Yea |
| Ma | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Fletcher | — | Yea |
| Galgiani | — | Yea |
| Gordon | — | Yea |
| Hall | — | Yea |
| Hayashi | — | Yea |
| Hueso | — | Yea |
| Davis | — | Yea |
| Torres | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Lara | — | Yea |
| Campos | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Chesbro | — | Yea |
| Dickinson | — | Yea |
| Pan | — | Yea |
| Wieckowski | — | Yea |
| Gorell | — | Not Voting |
| Hagman | — | Nay |
| Halderman | — | Nay |
| Harkey | — | Nay |
| Conway | — | Nay |
| Cook | — | Nay |
| Donnelly | — | Nay |
| Jeffries | — | Nay |
| Miller | — | Nay |
| Morrell | — | Nay |
| Nestande | — | Nay |
| Norby | — | Nay |
| Olsen | — | Nay |
| Smyth | — | Nay |
| Wagner | — | Nay |
| Achadjian | — | Nay |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Knight | — | Nay |
| Logue | — | Nay |
| Mansoor | — | Nay |
| Nielsen | — | Nay |
| Silva | — | Nay |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Valadao | — | Nay |
| Williams | — | Yea |
| Eng | — | Yea |
| Furutani | — | Yea |
| Garrick | — | Nay |
| Yamada | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Not Voting |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 4 | 0 | 4 |
| Total | 11 | 4 | 0 | 4 |
| % of votes cast | 58% | 21% | 0% | 21% |
How each member voted (19)
| Member | Party | Vote |
|---|---|---|
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Mitchell | — | Yea |
| Gordon | — | Yea |
| Hayashi | — | Yea |
| Monning | — | Yea |
| Nestande | — | Not Voting |
| Pan | — | Yea |
| Smyth | — | Not Voting |
| Williams | — | Yea |
| Ammiano | — | Yea |
| Logue | — | Nay |
| Mansoor | — | Nay |
| Silva | — | Nay |
| Eng | — | Not Voting |
| Garrick | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Not Voting |
| V. Manuel Pérez | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 13 | 0 | 2 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 24 | 14 | 0 | 2 |
| % of votes cast | 60% | 35% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Nay |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Rubio | — | Yea |
| Evans | — | Yea |
| Cannella | — | Nay |
| Fuller | — | Nay |
| Hancock | — | Yea |
| Runner | — | Nay |
| Huff | — | Nay |
| Corbett | — | Yea |
| Anderson | — | Nay |
| Dutton | — | Nay |
| Leno | — | Yea |
| Liu | — | Yea |
| Pavley | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Vargas | — | Yea |
| Walters | — | Not Voting |
| Wolk | — | Yea |
| Alquist | — | Yea |
| Blakeslee | — | Nay |
| Harman | — | Nay |
| Hernandez | — | Yea |
| Kehoe | — | Yea |
| Lieu | — | Yea |
| Price | — | Yea |
| Wright | — | Not Voting |
| Emmerson | — | Nay |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| La Malfa | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 3 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Nay |
| Kehoe | — | Yea |
| Lieu | — | Yea |
| Alquist | — | Yea |
| Price | — | Yea |
| Walters | — | Nay |
| Pavley | — | Yea |
| Steinberg | — | Yea |
| Emmerson | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| De León | — | Yea |
| Rubio | — | Yea |
| Blakeslee | — | Nay |
| Wolk | — | Yea |
| Alquist | — | Yea |
| Anderson | — | Nay |
| Hernandez | — | Yea |
| DeSaulnier | — | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| De León | — | Yea |
| Rubio | — | Yea |
| DeSaulnier | — | Yea |
| Hernandez | — | Yea |
| Anderson | — | Nay |
| Alquist | — | Yea |
| Blakeslee | — | Nay |
| Wolk | — | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 22 | 0 | 4 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 52 | 24 | 0 | 4 |
| % of votes cast | 65% | 30% | 0% | 5% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Hagman | — | Nay |
| Butler | — | Yea |
| Eng | — | Yea |
| Carter | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Yea |
| Fong | — | Yea |
| Allen | — | Yea |
| Gatto | — | Yea |
| Cedillo | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Ammiano | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Mitchell | — | Yea |
| Yamada | — | Yea |
| Garrick | — | Nay |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Gorell | — | Not Voting |
| Chesbro | — | Yea |
| Fletcher | — | Nay |
| Halderman | — | Nay |
| Hall | — | Yea |
| Harkey | — | Nay |
| Cook | — | Not Voting |
| Beall | — | Yea |
| Davis | — | Yea |
| Donnelly | — | Nay |
| Hayashi | — | Yea |
| Hueso | — | Yea |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Monning | — | Yea |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Norby | — | Not Voting |
| Pan | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Solorio | — | Yea |
| Torres | — | Yea |
| Valadao | — | Nay |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Huffman | — | Yea |
| Logue | — | Nay |
| Ma | — | Yea |
| Mansoor | — | Nay |
| Nestande | — | Nay |
| Olsen | — | Nay |
| Perea | — | Yea |
| Wagner | — | Nay |
| Williams | — | Yea |
| Conway | — | Nay |
| Feuer | — | Yea |
| Dickinson | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Not Voting |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 5 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 12 | 5 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Campos | — | Yea |
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Hall | — | Yea |
| Harkey | — | Nay |
| Mitchell | — | Yea |
| Donnelly | — | Nay |
| Nielsen | — | Nay |
| Smyth | — | Nay |
| Wagner | — | Nay |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Solorio | — | Yea |
| Davis | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 7 | 2 | 0 | 1 |
| % of votes cast | 70% | 20% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Gorell | — | Not Voting |
| Atkins | — | Yea |
| Feuer | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Wagner | — | Nay |
| Dickinson | — | Yea |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 4 | 0 | 2 |
| Total | 13 | 4 | 0 | 2 |
| % of votes cast | 68% | 21% | 0% | 11% |
How each member voted (19)
| Member | Party | Vote |
|---|---|---|
| Mitchell | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Gordon | — | Yea |
| Monning | — | Yea |
| Nestande | — | Not Voting |
| Pan | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Williams | — | Yea |
| Ammiano | — | Yea |
| Hayashi | — | Yea |
| Logue | — | Not Voting |
| Mansoor | — | Nay |
| Eng | — | Yea |
| Garrick | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
Subjects
Frequently asked questions
- What does AB 641 do?
- The existing Long-Term Care, Health, Safety, and Security Act of 1973 establishes an inspection and reporting system and a provisional licensing mechanism, administered by the State Department of Public Health, to ensure that long-term health care facilities, as defined, are in compliance with state statutes, regulations, and federal standards pertaining to patient care. The act requires the department, if it determines that a violation of any state or federal law or regulation relating to the operation or maintenance of the facility warrants the issuance of a citation, to take specified actions regarding federal enforcement remedies and citations. The act prohibits the issuance of both a citation pursuant to state laws and the recommendation that a federal civil monetary penalty be imposed. This bill would delete this prohibition. The act establishes a citation and appeals process, that includes a citation review conference. This bill would repeal the citation review conference process and make conforming changes. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the State Department of Health Care Services to consider whether an undue hardship, as described, exists prior to finding that an applicant or recipient is subject to a period of ineligibility for medical assistance for home and facility care. This bill would require the State Department of Health Care Services to also consider whether an undue hardship exists for an applicant for, or recipient of, home and facility care under additional circumstances relating to the transfer of assets.
- Who sponsors AB 641?
- AB 641 is sponsored by Ammiano, Blumenfield, Atkins, Feuer, and Huffman.
- What is the current status of AB 641?
- This bill has been enacted into law. Introduced February 16, 2011. Enacted.
- Where can I track AB 641?
- Track AB 641 free on One Click Politics — get push/email alerts when it moves.
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