California Adult Day Health Care ActStandards and Inspection
Section § 1580
This law mandates that the state department create and update rules to ensure adult day health centers meet necessary safety and quality standards. These rules will cover facility conditions and staffing levels, among other areas. The regulations are designed to address the unique needs of the elderly and should be flexible enough to be accessible for economically disadvantaged seniors. Specifically, they include requirements on staffing and service hours, and must align with existing standards for adult day health care programs.
Section § 1580.1
This law allows the State Department of Health Care Services, along with the State Department of Public Health and the California Department of Aging, to give exemptions to organizations that are part of the PACE program from certain legal requirements. These exemptions must follow rules set in another specific legal section.
The section also explains when it will stop being active, which depends on the activation of a different version of the section. Once that happens, this part will be repealed on January 1 following that date.
Section § 1580.1
This law section explains that entities providing adult day health care as part of a PACE organization do not need a license from the State Department of Public Health, as long as they only serve PACE participants. If a center serves people being assessed for PACE eligibility, they can do so up to 60 days, but if they serve others outside this group, they must apply for a license within 60 days after being instructed to do so. The Department of Health Care Services needs to confirm in writing that compliance standards are met before this regulation becomes active. Until then, certain adult day health care centers remain under the Public Health Department's authority.
Section § 1580.2
This law requires the director to create a fair and standard way to assess how well adult day health centers deliver care and services by December 1, 1978. The evaluation is based on several criteria: following relevant regulations, meeting ongoing community needs, aligning with the needs of individual participants, adapting programs for the community, and adhering to safety regulations. Once developed, this method must be shared with all licensed centers and interested parties.
Section § 1580.5
This law requires adult day health care centers to be regularly checked for quality by state-designated inspectors, at least every two years, and more often if needed. Inspections should take place before certification expires or within the first 90 days of operation if possible.
If any problems are found, the center will get a written notice with a deadline to fix them. If not resolved in time, they can be fined $50 per day, starting from when they got the notice. Further actions can be taken if the issue continues beyond the set deadline.
If fines are involved, the amount will be specified in the notice. The Attorney General can then bring the matter to court to ensure the fines are paid, in the county where the center is located.
Section § 1580.9
This law allows anyone to request an inspection of an adult day health center if they believe there's a violation of rules. The request has to be written, detailed, and signed by the person making the complaint. When the inspection happens, the center will be informed about the complaint, but the complainant's name will be kept confidential unless they are part of the state department conducting the inspection.
If the complainant does not want any identifying information disclosed, this will be respected unless they work for the state department involved in the investigation.
Section § 1581
If a complaint about an adult day health center is received, the state department has to review it quickly and conduct an onsite inspection within 10 days, unless the complaint is meant to harass or has no basis. The person who made the complaint will be informed of what the department plans to do.
Also, the law protects people using the center's services and its employees from being discriminated against or punished for being involved in these inspections or complaints.
Section § 1581.5
This law allows officials from the department or the California Department of Aging to enter and inspect facilities providing adult day health care at any time. They can do this without giving prior notice to ensure that the facilities follow the rules and regulations set by this chapter.
Section § 1582
This law allows the state department to offer consulting services to adult day health centers. The purpose is to help identify and fix any problems and improve the care quality these centers provide.
Section § 1582.5
This law states that every inspection, evaluation, or consultation report conducted by the state department must be kept on file. Additionally, all reports, including those about deficiencies and correction plans, should be accessible for the public to review.
Section § 1583
This law requires the director to create and share a list of licensed adult day health centers, including the services they offer and their evaluation ratings determined by Section 1580.2. This list must be accessible to anyone interested.
Section § 1584
This law allows adult day health care centers serving adults with Alzheimer's and dementia to use secure fences or egress control devices to ensure their safety. Egress control devices can delay exiting for up to 30 seconds but must meet all fire safety codes.
Centers must keep records of participants' medical diagnoses, train staff on device use and safety protocols, and conduct regular emergency drills. Participants or their legally authorized representatives must agree to these security measures and have this consent documented.
The use of these devices must not replace necessary staffing, and admissions must remain voluntary. Centers aren’t required to use the security devices, but if they do, they must follow specific guidelines.
Section § 1584.5
This law requires adult day health care centers to create a plan for what to do when a participant goes missing from the facility. The plan must be part of each person’s individual care plan. Specifically, it mandates that the facility's administrator, or someone they choose, must inform the missing participant’s authorized representative. It also outlines when the facility should alert local law enforcement about a missing participant.