BILL NUMBER: AB 2352	CHAPTERED  07/07/04

	CHAPTER  121
	FILED WITH SECRETARY OF STATE  JULY 7, 2004
	APPROVED BY GOVERNOR  JULY 7, 2004
	PASSED THE SENATE  JUNE 24, 2004
	PASSED THE ASSEMBLY  MAY 10, 2004
	AMENDED IN ASSEMBLY  APRIL 14, 2004

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 19, 2004

   An act to amend Sections 1568.01 and 1568.02 of the Health and
Safety Code, relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2352, Jackson.  Residential care facilities for persons with
chronic, life-threatening illness.
   Existing law provides for the licensure and regulation of
residential care facilities for persons with chronic life-threatening
illness by the State Department of Health Services.  For purposes of
these provisions, a chronic, life-threatening illness means HIV
disease or AIDS.
   This bill would authorize a residential care facility for persons
with chronic, life-threatening illness to permit a person who has
been diagnosed by his or her physician and surgeon as terminally ill,
as defined, to become a resident of the facility if the person
receives hospice services from a hospice that is certified in
accordance with federal Medicare conditions of participation and that
is licensed as a hospice or home health agency pursuant to state
law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1568.01 of the Health and Safety Code is
amended to read:
   1568.01.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Activities of daily living" means housework, meals, laundry,
taking medication, money management, appropriate transportation,
correspondence, telephoning, dressing, feeding, toileting, bathing,
grooming, mobility, and related tasks.
   (b) "Care and supervision" means ongoing assistance with
activities of daily living without which a resident's physical
health, mental health, safety, or welfare would be endangered.
   (c) "Chronic, life-threatening illness" means HIV disease or AIDS.

   (d) "Department" means the State Department of Social Services.
   (e) "Director" means the Director of Social Services.
   (f) "Family dwelling" includes, but is not limited to,
single-family dwellings, units in multifamily dwellings, including
units in duplexes and units in apartment dwellings, mobilehomes,
including mobilehomes located in mobilehome parks, units in
cooperatives, units in condominiums, units in townhouses, and units
in planned unit developments.
   (g) "Family unit" means at least one parent or guardian and one or
more of that parent or guardian's children.  For purposes of this
chapter, each family unit shall include at least one adult with HIV
disease or AIDS, at least one child with HIV or AIDS, or both.
   (h) "Fund" means the Residential Care Facilities for Persons with
Chronic Life-Threatening Illness Fund created by subdivision (c) of
Section 1568.05.
   (i) "Placement agency" means any state agency, county agency, or
private agency which receives public funds, in part, to identify
housing options for persons with chronic, life-threatening illness
and refers these persons to housing.
   (j) "Residential care facility" means a residential care facility
for persons with chronic, life-threatening illness who are 18 years
of age or older or are emancipated minors, and for family units.
   (k) "Six or fewer persons" does not include the licensee or
members of the licensee's family or persons employed as facility
staff.
   (l) "Terminal disease" or "terminal illness" means a medical
condition resulting from a prognosis of a life expectancy of one year
or less, if the disease follows its normal course.
  SEC. 2.  Section 1568.02 of the Health and Safety Code is amended
to read:
   1568.02.  (a) (1) The department shall license residential care
facilities for persons with chronic, life-threatening illness under a
separate category.
   (2) A residential care facility for persons with chronic,
life-threatening illness may allow a person who has been diagnosed by
his or her physician or surgeon as terminally ill, as defined in
subdivision (l) of Section 1568.01, to become a resident of the
facility if the person receives hospice services from a hospice
certified in accordance with federal Medicare conditions of
participation and is licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
   (b) The licensee of every facility required to be licensed
pursuant to this chapter shall provide the following basic services
for each resident:
   (1) Room and board.  No more than two residents shall share a
bedroom, except that the director, in his or her discretion, may
waive this limitation.
   (2) Access to adequate common areas, including recreation areas
and shared kitchen space with adequate refrigerator space for the
storage of medications.
   (3) Consultation with a nutritionist, including consultation on
cultural dietary needs.
   (4) Personal care services, as needed, including, but not limited
to, activities of daily living.  A facility may have a written
agreement with another agency to provide personal care services,
except that the facility shall be responsible for meeting the
personal care needs of each resident.
   (5) Access to case management for social services.  A facility may
have a written agreement with another agency to provide case
management.
   (6) Development, implementation, and monitoring of an individual
services plan.  All health services components of the plan shall be
developed and monitored in coordination with the home health agency
or hospice agency and shall reflect the elements of the resident's
plan of treatment developed by the home health agency or hospice
agency.
   (7) Intake and discharge procedures, including referral to
outplacement resources.
   (8) Access to psychosocial support services.
   (9) Access to community-based and county services system.
   (10) Access to a social and emotional support network of the
resident's own choosing, within the context of reasonable visitation
rules established by the facility.
   (11) Access to intermittent home health care services in
accordance with paragraph (1) of subdivision (c).
   (12) Access to substance abuse services in accordance with
paragraph (3) of subdivision (c).
   (13) Adequate securable storage space for personal items.
   (c) The licensee of every facility required to be licensed
pursuant to this chapter shall demonstrate, at the time of
application, all of the following:
   (1) Written agreement with a licensed home health agency or
hospice agency.  Resident information may be shared between the home
health agency or hospice agency and the residential care facility for
persons with chronic, life-threatening illness relative to the
resident's medical condition and the care and treatment provided to
the resident by the home health agency or hospice agency, including,
but not limited to, medical information, as defined by the
Confidentiality of Medical Information Act, Part 2.6 (commencing with
Section 56) of Division 1 of the Civil Code.  Any regulations,
policies, or procedures related to sharing resident information and
development of protocols, established by the department pursuant to
this section, shall be developed in consultation with the State
Department of Health Services and persons representing home health
agencies, hospice agencies, and residential care facilities for
persons with chronic, life-threatening illness.
   (2) Written agreement with a psychosocial services agency, unless
the services are provided by the facility's professional staff.
   (3) Written agreement with a substance abuse agency, unless the
services are provided by the facility's professional staff.
   (4) Ability to provide linguistic services for residents who do
not speak English.
   (5) Ability to provide culturally appropriate services.
   (6) Ability to reasonably accommodate residents with physical
disabilities, including, but not limited to, residents with motor
impairments, physical access to areas of the facility utilized by
residents, and access to interpreters for hearing-impaired residents.

   (7) Written nondiscrimination policy which shall be posted in a
conspicuous place in the facility.
   (8) Written policy on drug and alcohol use, including, but not
limited to, a prohibition on the use of illegal substances.
   (d) Any facility licensed pursuant to this chapter which intends
to serve a specific population, such as women, family units, minority
and ethnic populations, or homosexual men or women, shall
demonstrate, at the time of application, the ability and resources to
provide services that are appropriate to the targeted population.
   (e) No facility licensed pursuant to this chapter shall house more
than 25 residents, except that the director may authorize a facility
to house up to 50 residents.
   (f) If the administrator is responsible for more than two
facilities, the facility manager shall meet the qualifications of
both the administrator and the facility manager, as described in
Sections 87864 and 87864.1 of Title 22 of the California Code of
Regulations.
   (g) Each licensee shall employ additional personnel as necessary
to meet the needs of the residents and comply with the requirements
of this chapter and the regulations adopted by the department
pursuant to this chapter.  On-call personnel shall be able to be on
the facility premises within 30 minutes of the receipt of a telephone
call.