California 2015-2016 Regular Session Status: Passed Assembly 1 D cosponsors

AB 2079 — Skilled nursing facilities: staffing.

Last action — Ordered to inactive file pursuant to Senate Rule 29.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including skilled nursing facilities. Existing law requires the department to develop regulations that become effective August 1, 2003, that establish staff-to-patient ratios for direct caregivers working in a skilled nursing facility, as specified, and requires that skilled nursing facilities have a minimum of 3.2 nursing hours per patient day. Existing law requires that the staff-to-patient ratios include separate licensed nurse staff-to-patient ratios in addition to the ratios established for other direct caregivers. Existing law also requires every skilled nursing facility to post information about staffing levels in the manner specified by federal requirements. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate these provisions. This bill would replace the requirement for staff-to-patient ratios in skilled nursing facilities with a requirement for direct care service hours per patient day, as defined, which, commencing January 1, 2018, except as specified, would increase from 3.2 to 4.1 hours on a specified incremental basis by January 1, 2020. This bill would require the posted information to include a resident census and an accurate report of the number of staff working each shift and to be posted in specified locations, including an area used for employee breaks. The bill would require a skilled nursing facility to make staffing data available, upon oral or written request and at a reasonable cost, within 15 days of receiving a request. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would also authorize the State Department of Health Care Services and the State Department of Public Health to develop regulations to create a short-term waiver of the direct service hour requirements for skilled nursing facilities in order to address a shortage of available health care professionals, as specified. The bill would require the waivers to be reviewed annually and either renewed or revoked. (2) Existing law requires the State Department of Public Health to adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and intermediate care facilities. This bill would replace the term "nursing hours" with the term "direct care service hours," as defined, for purposes of intermediate care facilities. (3) 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 Director of Health Care Services to adopt regulations relating to the nursing hours provided per patient in skilled nursing facilities. This bill would require the minimum number of direct care service hours per patient required in skilled nursing facilities to be the same as the incrementally increasing rate required above, except as specified. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Ordered to inactive file pursuant to Senate Rule 29.

  2. Read second time and amended. Ordered to third reading.

  3. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  4. In committee: Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 22). Re-referred to Com. on APPR.

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

  7. Referred to Com. on HEALTH.

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

  9. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 25. Page 5251.)

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered returned to second reading.

  12. From committee: Amend, and do pass as amended. (Ayes 12. Noes 7.) (May 27).

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

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 6.) (April 12).

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

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

  19. Referred to Com. on HEALTH.

  20. From printer. May be heard in committee March 19.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

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.

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Votes

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Mendoza — Yea
Lara — Yea
Beall — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Beall — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2079 CALDERON Assembly Third Reading

Passed 43 Yea · 25 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 3821011
Democratic 5000
Republican 0401
Total 4325012
% of votes cast 54%31%0%15%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Waldron — Not Voting
Williams — Yea
Eggman — Not Voting
Cooper — Yea
Daly — Not Voting
Frazier — Not Voting
Gatto — Yea
Salas — Yea
Jones-Sawyer — Yea
Medina — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Harper — Nay
Atkins — Yea
Kim — Nay
Levine — Nay
Linder — Yea
Burke — Not Voting
Gray — Nay
Mayes — Nay
McCarty — Yea
Campos — Yea
Melendez — Nay
Mullin — Not Voting
Nazarian — Not Voting
Bigelow — Not Voting
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Obernolte — Nay
Olsen — Nay
Quirk — Nay
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Hadley — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 2000
Republican 0200
Total 12701
% of votes cast 60%35%0%5%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Wagner — Nay
Eggman — Yea
Daly — Not Voting
Chang — Nay
Holden — Yea
Bonilla — Nay
Quirk — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Obernolte — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12501
Republican 0100
Total 12601
% of votes cast 63%32%0%5%
How each member voted (19)
Member Party Vote
Maienschein — Nay
Olsen — Nay
Gomez — Yea
Campos — Yea
Chiu — Yea
Dababneh — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Bonilla — Nay
Burke — Yea
Nazarian — Not Voting
Steinorth — Nay
Thurmond — Yea
Waldron — Yea
Wood — Yea
Jim Patterson — Nay
Roger Hernández — Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 2079 do?
(1) Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including skilled nursing facilities. Existing law requires the department to develop regulations that become effective August 1, 2003, that establish staff-to-patient ratios for direct caregivers working in a skilled nursing facility, as specified, and requires that skilled nursing facilities have a minimum of 3.2 nursing hours per patient day. Existing law requires that the staff-to-patient ratios include separate licensed nurse staff-to-patient ratios in addition to the ratios established for other direct caregivers. Existing law also requires every skilled nursing facility to post information about staffing levels in the manner specified by federal requirements. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate these provisions. This bill would replace the requirement for staff-to-patient ratios in skilled nursing facilities with a requirement for direct care service hours per patient day, as defined, which, commencing January 1, 2018, except as specified, would increase from 3.2 to 4.1 hours on a specified incremental basis by January 1, 2020. This bill would require the posted information to include a resident census and an accurate report of the number of staff working each shift and to be posted in specified locations, including an area used for employee breaks. The bill would require a skilled nursing facility to make staffing data available, upon oral or written request and at a reasonable cost, within 15 days of receiving a request. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would also authorize the State Department of Health Care Services and the State Department of Public Health to develop regulations to create a short-term waiver of the direct service hour requirements for skilled nursing facilities in order to address a shortage of available health care professionals, as specified. The bill would require the waivers to be reviewed annually and either renewed or revoked. (2) Existing law requires the State Department of Public Health to adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and intermediate care facilities. This bill would replace the term "nursing hours" with the term "direct care service hours," as defined, for purposes of intermediate care facilities. (3) 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 Director of Health Care Services to adopt regulations relating to the nursing hours provided per patient in skilled nursing facilities. This bill would require the minimum number of direct care service hours per patient required in skilled nursing facilities to be the same as the incrementally increasing rate required above, except as specified. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2079?
AB 2079 is sponsored by Calderon, Lisa (Democratic).
What is the current status of AB 2079?
This bill died with 2015-2016 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 2079?
Track AB 2079 free on One Click Politics — get push/email alerts when it moves.

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