2014 California Legislation
Please check the CANHR website www.canhr.org for updated details on legislation.
RCFE Reform Act of 2014
AB 1523 (Atkins): RCFE Liability Insurance – Signed into law! (Text of bill)
Effective July 1, 2015, each Residential Care Facility for the Elderly, as a condition of licensure, will be required to obtain and maintain liability insurance. Each facility must to maintain liability insurance in the amount of one million dollars per occurrence and three million in the annual aggregate to cover injury to resident or guests caused by the negligent.
AB 1554 (Skinner): Responding to Consumer Complaints - DEAD (Text of bill)
This bill would require the Department to start and complete complaint investigations in a timely manner, give complainants written notice of findings and provide complainants an opportunity to appeal. Status: Failed in Senate Appropriations. Why? Because the budget analysis included “estimated” and “unknown” ongoing costs of $250,000 to $500,000 to provide consumers with a reliable complaint investigation system. What the analysis failed to take into consideration was the substantial ongoing costs of not responding to complaints in a timely manner: the costs related to serious bodily injury and abuse and neglect that sends residents to acute care hospitals and premature deaths.
AB 1571 (Eggman): Consumer Information System - DEAD (Text of bill)
This bill would require the Department of Social Services/Community Care Licensing to establish an on-line RCFE consumer information system to include specified updated and accurate information on every licensed RCFE in California This bill would also require complete disclosure of ownership and prior ownership of any type of facility, including nursing facilities, and would have established a rating system by 2019. Failed in Senate Appropriations.
Why: Because the Administration did not want to spend the funds necessary to allow consumers to make informed choices about placement in RCFEs.
AB 1572 (Eggman): Resident & Family Councils: Signed into law (Text of bill)
This bill would amend current laws to enhance the rights of resident councils and family
councils in RCFEs.
AB 1899 (Brown): Forfeiture of License – On Governor’s Desk (Text of bill)
This bill would prohibit a person whose license has been revoked or forfeited for abandonment of the facility permanently ineligible for reinstatement of a license.
AB 2044 (Rodriguez): RCFE Staffing Requirements – On Governor’s Desk (Text of bill)
This bill would require an administrator or facility manager or designated substitute to be on premises 24/7, and for sufficient staff to be on premises 24/7 to carry out required responsibilities. This bill would require at least one staff member with CPR and first aid training to be on premises at all times. This bill would also require staff to be trained on building and fire safety and responding to emergencies.
AB 2171 (Wieckowski): Statutory Residents’ Bill of Rights – On Governor’s Desk (Text of bill)
This bill as amended would create a statutory, comprehensive bill of rights for residents of RCFEs. The part of the bill allowing residents to file a lawsuit to obtain an injunction to fight violations of their rights was stripped from the bill in an amendment just prior to its final floor votes. This means the important rights codified in the bill will have to be enforced by DSS, which traditionally has done a poor job of enforcing resident rights.
AB 2236 (Stone & Mainschein): Increased Penalties – On Governor’s Desk
(Text of bill)
This bill would have increased civil penalties against RCFEs for violations of laws and regulations from the current maximum of $150. Hijacked by the legislature and by the Executive Branch, the bill now includes an enormously complicated civil penalty system for all categories of facilities; imposes a $10,000 fine against RCFEs for physical abuse or serious bodily harm; imposes a $15,000 fine for deaths due to violations; and creates four (4!!!) levels of appeal for RCFE providers to appeal the fines.
While CANHR supports the increase in penalties for physical abuse, serious bodily injury and deaths for all RCFEs, we have serious reservations about a provider appeal system that is guaranteed to impair the assessment of civil penalties and the collections of such penalties even if they are assessed. Legislators have committed to work with CANHR in the coming session to address these concerns with the appeal process.
SB 895 (Corbett): On Governor’s Desk (Text of bill)
RCFE Suspension/Revocation of Licenses (formerly SB 894) (Text of bill)and Inspections/Evaluations of RCFEs (formerly SB 895):
These bills have been substantially amended and combined into one bill which variously requires facilities to correct deficiencies within 10 days unless otherwise specified and requires the Department to post online instructions on how to obtain inspection reports offline, design an informational poster on reporting complaints and emergencies for display in RCFEs and notify the State Ombudsman Office when it plans to issue a temporary suspension or revocation of a facility license.
SB 911 (Block): Training and qualifications of RCFE staff – On Governor’s Desk (Text of bill)
This bill would increase the qualifications and training requirements for RCFE administrators from 40 hours to 80 hours and require facilities who accept and retain residents with restricted or prohibited health conditions to employ trained medical personnel as appropriate.
SB 1153 (Leno): Ban on Admissions - On Governor’s Desk (Text of bill)
This bill would create new penalties for non-compliance, including authorizing the Department of Social Services to suspend the admission of new residents in facilities where there is a substantial probability of harm.
SB 1382 (Block): Increase in RCFE Fees – On Governor’s Desk (Text of bill)
This bill increases the initial and annual licensing fees for RCFEs for every sized facility and makes legislative findings that it is imperative that DSS be given adequate resources to support its mandate to provide consumer protection.
Other CANHR Sponsored Bills
SB 1124 (Hernandez): Medi-Cal Recovery – On Governor’s Desk (Text of bill)
This bill would limit Medi-Cal recovery for those who are 55+ years of age to only what is required by federal law, and eliminate optional recovery for other services; eliminate recovery on surviving spouses’ estates; and requires the Department of provide estate claim itemization to consumers for free upon request. Note: Co-sponsored with Western Center on Law and Poverty, this bill has unanimous bipartisan support, passing the Assembly Floor by 78-0 and the Senate Floor by 33-0.
AB 2603 (Perez): Access to Medications – On Governor’s Desk (Text of bill)
This bill would clarify current law so that those trying to help an infirm family member or friend will not inadvertently break the law by picking up or transporting a prescription that is not in their name.
AB 1804 (Perea): Consumer Protections from Insurance Lapses – On Governor’s Desk (Text of bill)
This bill would expand the ability of consumers to designate additional persons to receive notices of lapse or termination of insurance policies due to non-payment of the premium.
For details on specific bills, go to: www.leginfo.ca.gov
Page Last Modified: August 29, 2014