Care facilities: retaliation.

Existing law establishes the State Department of Social Services, and sets forth its powers and duties, including, but not limited to, the licensing and regulation of community care facilities, residential care facilities for persons with chronic, life-threatening illness, and residential care facilities for the elderly. Existing law authorizes any person to request an inspection of a facility by transmitting a request to the department alleging a facility violation of applicable law. Existing law prohibits a licensee from discriminating or retaliating in any manner against any person receiving the services of the facility, or against any employee of the facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in an inspection. Existing law makes violation of these provisions a crime. This bill would, instead, prohibit a licensee, or officer or employee of the licensee, from discriminating or retaliating in any manner, including, but not limited to, eviction or threat of eviction, against any person receiving the services of the facility, or against any employee of the licensee's facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department or initiated or participated in the filing of a complaint, grievance, or request for investigation with the local or state ombudsman pursuant to prescribed provisions of law. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. 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.