BILL NUMBER: AB 2370	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN ASSEMBLY  MAY 13, 2008
	AMENDED IN ASSEMBLY  APRIL 8, 2008

INTRODUCED BY   Assembly Member Bass
   (Coauthors: Assembly Members Caballero, Carter, Dymally, Jones,
Krekorian, Saldana, Swanson, and Wolk)
   (Coauthors: Senators Ridley-Thomas and Torlakson)

                        FEBRUARY 21, 2008

   An act to add Section 1569.658 to the Health and Safety Code,
relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2370, Bass. Residential care facilities for the elderly: rate
increases.
   Under existing law, the State Department of Social Services
regulates the licensure and operation of community care facilities,
including residential care facilities for the elderly. Under existing
law, the licensee of a residential care facility for the elderly is
required to provide notice to residents when facility rates are
increased. Violation of the provisions relating to residential care
facilities for the elderly, or related regulations, is a misdemeanor.

   This bill would require the licensee of a residential care
facility for the elderly, on or before January 31 of each year, to
prepare a document disclosing its average monthly rate increases over
the previous 3 years, or less if the facility has been serving
residents for less than 3 years. The bill would also require the
licensee to provide a written copy of the disclosure to new and
prospective facility residents, as specified. This bill would not
apply to a licensee of a residential care facility for the elderly
that has obtained a certificate of authority to offer a continuing
care contract, as defined. By changing the definition of an existing
crime, this 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.


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

  SECTION 1.  Section 1569.658 is added to the Health and Safety
Code, to read:
   1569.658.  (a) On or before January 31 of each year, the licensee
of a licensed residential care facility for the elderly shall prepare
a document disclosing its average monthly rate increases, inclusive
of rates for living units and service fees, for each of the previous
3 years. For purposes of this section, "service fees" do not include
fees for optional services or services provided by a third party. The
licensee shall disclose the average amount of the increase, as well
as the average percentage of increase. Newly licensed facilities
without three years of resident rate increase history shall disclose
the average increase for the years during which the facility has been
serving residents. This section does not apply to newly licensed
facilities with no current residents.
   (b) The licensee shall provide a written copy of the disclosure
required by this section to every resident or resident's
representative, upon signing an admission agreement to receive
residential or other services from the facility. The resident or
resident's representative shall sign a confirmation of receipt of the
disclosure, which shall be maintained by the facility in the
resident's file.
   (c) The licensee shall provide a copy of the most recent
disclosure required by this section to any prospective resident, or
his or her representative.
   (d) This section shall not apply to a licensee of a residential
care facility for the elderly that has obtained a certificate of
authority to offer a continuing care contract, as defined in
paragraph (5) of subdivision (c) of Section 1771.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.