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2014 California Legislation



Please check the CANHR website www.canhr.org for updated details on legislation.

Please send your letters of support asap to the appropriate committee so that your organization’s name is listed on the analysis.

RCFE Reform Act of 2014

AB 1523 (Atkins): RCFE Liability Insurance (Text of bill)
This bill would require Residential Care Facilities for the Elderly, as a condition of licensure, to obtain and maintain liability insurance.
Status: Passed Senate; awaiting concurrence in Senate.

AB 1554 (Skinner) Responding to Consumer Complaints (Factsheet/Sample Support Letter) (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: Senate Appropriations Committee. Hearing on 8/4/14.

AB 1571 (Eggman) Consumer Information System (Factsheet/Sample Support Letter) (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 license, ownership, survey, complaint and enforcement information on every licensed RCFE in California with components to be phased in over a five (5) year period ending June 30, 2019.  This bill also would require complete disclosure of ownership and prior ownership of any type of facility, including nursing facilities, and any similar entity in other states, including history of compliance or non-compliance and require cross check with DPH.
Status: Senate Appropriations Committee. Hearing on 8/4/14.

AB 1572 (Eggman) Resident & Family Councils (Factsheet/Sample Support Letter) (Text of bill)
This bill would amend current laws to enhance the rights of resident councils and family
councils in RCFEs.
Status: Passed Senate; Seeking Governor's Approval.

AB 2044 (Rodriguez):  RCFE Staffing Requirements (Factsheet/Sample Support Letter) (Text of bill)
This bill would require an administrator or facility manager 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.
Status: Senate Floor

AB 2171 (Wieckowski) Statutory Bill of Rights (Factsheet/Sample Support Letter) (Text of bill)
This bill would create a statutory, comprehensive, modern bill of rights for residents of RCFEs and give the Attorney General, residents, or the public the right to seek injunctive relief to stop violations of residents’ rights.
Status: Senate Appropriations Committee. Hearing on 8/4/14.

AB 2236 (Stone and Mainschein) Increased Penalties for Violations (Factsheet/Sample Support Letter) (Text of bill)
This bill would increase civil penalties against RCFEs for violations of laws and regulations from the current maximum of $150. The fines would vary the minimum and maximum penalties, depending on the seriousness of the violation.  SB 1218 would also establish the Emergency Resident Relocation Fund, and require 50% of the revenue from the civil penalties to be deposited into the Fund for relocation and care of residents when a facility’s license is revoked or suspended.
Status: Senate Appropriations Committee. Hearing on 8/4/14.

SB 894 (Corbett) RCFE Suspension/Revocation of Licenses (Factsheet/Sample Support Letter) (Text of bill)
This bill would strengthen and clarify the obligations of the Department of Social Services and the licensee when a license is suspended or revoked and would create guidelines for the safe relocation of residents when a facility’s license has been suspended or revoked.
Status: Assembly Appropriations Committee. No Hearing Date.

SB 895 (Corbett) Inspections/evaluations of RCFEs (Factsheet/Sample Support Letter) (Text of bill)
This bill would require Community Care Licensing to conduct unannounced inspections of all residential care facilities for the elderly at least annually, and as often as necessary to ensure the quality of care provided, to be phased-in over a three year time period. 
Status: Assembly Appropriations Committee. No Hearing Date.

SB 911 (Block) Training and qualifications of RCFE staff (Factsheet/Sample Support Letter) (Text of bill)
This bill would increase the qualifications and training requirements for RCFE administrators and staff and require facilities who accept and retain residents with restricted or prohibited health conditions to employ trained medical personnel on a full or part-time basis as appropriate.
Status: Assembly Appropriations Committee. No Hearing Date.

SB 1153 (Leno) Ban on Admissions (Factsheet/Sample Support Letter) (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.
Status: Assembly Appropriations Committee. No Hearing Date.

SB 1382 (Block):  Increase in RCFE Fees (Factsheet) (Text of bill)
This bill increases the initial and annual licensing fees for RCFEs by 30% 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.
Status: Assembly Floor


Other CANHR Sponsored Bills

SB 1124 (Hernandez) Medi-Cal Recovery (Factsheet) (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 restrict recovery amounts to benefits paid for services actually received or the capitated monthly rate, whichever is less.
Status: Assembly Appropriations Committee. No Hearing Date.


CANHR Support

AB 1700 (Medina): Elder Financial Abuse
This bill would prohibit a lender from taking a reverse mortgage application or assessing any fees until the suitability counseling is provided. 
Status:  Senate Judiciary Committee. No Hearing Date.

AB 1751 (Bloom): Continuing Care Retirement Communities (CCRCs)
This bill would require CCRCs to provide detailed financial statements to resident associations at least quarterly, expand resident representation on CCRC governing boards, and delete authority allowing CCRCs to exclude resident representatives from governing body executive sessions and from receiving certain information.
Status:  Senate Appropriations Committee. Hearing on 8/4/14.

AB 1804 (Perea):  Consumer Protections from Insurance Lapses: 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. Status:  Senate Insurance Committee. No Hearing Date.

AB 1899 (Brown): Abandonment and License Revocation
This bill would make a person whose license has been revoked for abandonment of a facility resulting in a threat to residents' health and safety ineligible to petition for reinstatement of the license.
Status: Senate Appropriations Committee. Hearing on 8/4/14.

AB 2603 (Perez): Access to Medications
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.
Status:  Senate Public Safety Committee. No Hearing Date.

AB 2623 (Pan): Elder Abuse
This bill would require that elder abuse training provided to local law enforcement include additional subjects relating to legal rights and remedies available to victims of elder abuse; require elder abuse training to be updated every two years; and require first responder police officers to be provided with a card containing, among other information, the local number of APS.
Status:
Senate Appropriations Committee. Hearing 8/4/14.

Of Interest

AB 1454 (Calderon): Annual Inspections
This bill would require annual inspections of RCFEs and other community care facilities.
Status:  Senate Appropriations Committee. No Hearing Date.

AB 1570 (Chesbro): Residential Care Facilities for the Elderly
This bill would strengthen certification requirements for RCFE administrators and increase training requirements for direct care staff. It would also extend and expand certain dementia care training requirements to all RCFEs rather than just those that advertise or promote special dementia care.
Status:  Senate Appropriations Committee. Hearing 8/4/14.

AB 1974 (Quirk): Therapy Services in Nursing Homes
This bill would amend California law to exclude therapy services from the definition of "special services." This change may undermine the authority of longstanding California regulations governing therapy services in nursing homes.
Status:  Senate Appropriations Committee. Hearing 8/4/14.

Oppose Unless Amended

AB 1816 (Yamada): Nursing Home Complaint Investigations
This bill would require the California Department of Public Health to set performance benchmarks for completing investigations of nursing home complaints. Note: CANHR originally supported AB 1816 but changed its position after the Assembly Appropriations Committee adopted harmful amendments.
Status: Senate Appropriations Committee. Hearing 8/4/14.

For details on specific bills, go to:  www.leginfo.ca.gov


 

Page Last Modified: July 22, 2014