BILL NUMBER: AB 2629	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 19, 2010

   An act to amend Sections 1566.45 and 1568.0832 of the Health and
Safety Code, relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2629, as introduced, Bonnie Lowenthal. Residential facilities.
   Existing law provides for the licensing and regulation of
residential facilities under the California Community Care Facilities
Act and residential care facilities for persons with chronic
life-threatening illness by the State Department of Social Services.
Violation of these provisions constitutes a misdemeanor.
   Under existing law, bedridden persons may be admitted to, and
remain in, any of the above-described residential facilities if the
facility secures and maintains an appropriate fire clearance. Under
existing law, a person is not classified as "bedridden" if they have
a temporary illness that persists for 14 days or less.
   This bill would, instead, exclude from the definition of
"bedridden" a temporary illness or recovery from surgery that
persists for 14 days or less. The bill would also permit a
residential facility to retain a bedridden client in excess of 14
days if prescribed conditions are met.
   This bill would prohibit a community care facility from admitting
or retaining a client if he or she requires 24-hour skilled nursing
care. The bill would also require a residential facility that admits
or retains a bedridden person, within 48 hours of admission or
retention, to notify the local fire authority of the estimated length
of time that the person will retain his or her bedridden status in
the facility.
   By creating a new 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1566.45 of the Health and Safety Code is
amended to read:
   1566.45.  (a) (1) For purposes of this section, "bedridden" means
requiring assistance in turning and repositioning in bed or being
unable to independently transfer to and from bed, except in a
facility with appropriate and sufficient care staff, mechanical
devices, if necessary, and safety precautions, as determined by the
director in regulations.
   (2) In developing the regulations for child residential
facilities, the department shall take into consideration the size and
weight of the child.
   (3) For purposes of this section, the status of being bedridden
shall not include  having any   a temporary
 illness  or recovery from surgery  that persists for
14 days or less.
   (4) The determination of the bedridden status of persons with
developmental disabilities shall be made by the Director of Social
Services or his or her designated representative, in consultation
with the Director of Developmental Services or his or her designated
representative, after consulting the resident's individual safety
plan. The determination of the bedridden status of all other persons
with disabilities who are not developmentally disabled shall be made
by the Director of Social Services, or his or her designated
representative. 
   (b) No client shall be admitted to or retained in a residential
facility if he or she requires 24-hour skilled nursing care. 

   (b) Bedridden persons 
   (c)     A bedridden person  may be
admitted to, and remain in,  a  residential 
facilities   facility  that  secure
  secures  and  maintain  
maintains  an appropriate fire clearance. A fire clearance shall
be issued to a facility in which one or more bedridden persons
reside if either of the following conditions are met:
   (1) The fire safety requirements are met. Clients who are unable
to independently transfer to and from bed, but who do not need
assistance to turn or reposition in bed, shall be considered
nonambulatory for purposes of this paragraph.
   (2) Alternative methods of protection are approved. 
   (d) Notwithstanding paragraph (2) of subdivision (b), a bedridden
client may be retained in a residential facility in excess of 14 days
if all of the following requirements are satisfied:  
   (1) The facility notifies the department in writing that the
person is recovering from a temporary illness or surgery.  
   (2) The facility submits to the department, with the notification
required in paragraph (1), a physician and surgeon's written
statement to the effect that the client's illness or recovery is of a
temporary nature. The statement shall contain an estimated date upon
which the illness or recovery is expected to end or upon which the
client is expected to no longer be confined to bed.  
   (3) The department determines that the client's health and safety
is adequately protected in the facility and that transfer to a higher
level of care is not necessary.  
   (4) This subdivision does not expand the scope of care and
supervision of a residential facility.  
   (e) Notwithstanding the length of stay of a bedridden client,
every residential facility admitting or retaining a bedridden client
shall, within 48 hours of the client's admission or retention in the
facility, notify the local fire authority with jurisdiction over the
bedridden client's location of the estimated length of time the
client will retain his or her bedridden status in the facility. 

   (c) 
    (f)  (1) The department and the Office of the State Fire
Marshal, in consultation with the State Department of Developmental
Services, shall each promulgate regulations that meet all of the
following conditions:
   (A) Are consistent with  subdivision (a)  
this section  .
   (B) Are applicable to facilities regulated under this chapter,
consistent with the regulatory requirements of the California
Building Standards Code for fire and life safety for the respective
occupancy classifications into which the State Department of Social
Services' community care licensing classifications fall.
   (C) Permit  residents   clients  to
remain in homelike settings.
   (2) At a minimum, these regulations shall do both of the following
with regard to a residential care facility that provides care for
six or fewer  residents   clients  , at
least one of whom is bedridden:
   (A) Clarify the fire and life safety requirements for a fire
clearance for the facility.
   (B) Identify procedures for requesting the approval of alternative
means of providing equivalent levels of fire and life safety
protection. Either the facility, the  resident  
client  or  resident's   client's 
representative, or local fire official may request from the Office of
the State Fire Marshal a written opinion concerning the
interpretation of the regulations promulgated by the State Fire
Marshal pursuant to this section for a particular factual dispute.
The State Fire Marshal shall issue the written opinion within 45 days
following the request. 
   (d) 
    (g)  For facilities that care for six or fewer clients,
a local fire official shall not impose fire safety requirements
stricter than the fire safety regulations promulgated for the
particular type of facility by the Office of the State Fire Marshal
or the local fire safety requirements imposed on any other single
family dwelling, whichever is more strict. 
   (e) 
    (h)  This section and  any  regulations
promulgated thereunder shall be interpreted in a manner that
provides flexibility to allow bedridden persons to avoid
institutionalization and be admitted to, and safely remain in,
community-based residential care facilities.
  SEC. 2.  Section 1568.0832 of the Health and Safety Code is amended
to read:
   1568.0832.  (a) (1)  For purposes of this section, "bedridden"
means requiring assistance in turning and repositioning in bed or
being unable to independently transfer to and from bed, except in a
facility with appropriate and sufficient care staff, mechanical
devices, if necessary, and safety precautions, as determined by the
director in regulations.
   (2) For purposes of this section, the status of being bedridden
shall not include  having any   a temporary
 illness  or recovery from   surgery  that
persists for 14 days or less.
   (3) The determination of the bedridden status of persons with
developmental disabilities shall be made by the Director of Social
Services or his or her designated representative, in consultation
with the Director of Developmental Services or his or her designated
representative, after consulting the resident's individual safety
plan. The determination of the bedridden status of all other persons
with disabilities who are not developmentally disabled shall be made
by the Director of Social Services, or his or her designated
representative.
   (b)  Bedridden persons   A bedridden person
 may be admitted to, and remain in,  a  residential
 facilities that secure and maintain   facility
that secures and maintains  an appropriate fire clearance. A
fire clearance shall be issued to a facility in which one or more
bedridden persons reside if either of the following conditions are
met:
   (1) The fire safety requirements are met. Residents who are unable
to independently transfer to and from bed, but who do not need
assistance to turn or reposition in bed, shall be considered
nonambulatory for purposes of this paragraph.
   (2) Alternative methods of protection are approved. 
   (c) Notwithstanding paragraph (2) of subdivision (a), a bedridden
resident may be retained in a residential care facility in excess of
14 days if all of the following conditions are met:  
   (1) The facility notifies the department in writing that the
person is recovering from a temporary illness or surgery.  
   (2) The facility submits to the department, with the notification
required in paragraph (1), a physician and surgeon's written
statement to the effect that the resident's illness or recovery is of
a temporary nature. The statement shall contain an estimated date
upon which the illness or recovery is expected to end or upon which
the resident is expected to no longer be confined to bed.  
   (3) The department determines that the resident's health and
safety is adequately protected in the facility and that transfer to a
higher level of care is not necessary.  
   (4) This subdivision does not expand the scope of care and
supervision of a residential care facility.  
   (d)  Notwithstanding the length of stay of a bedridden resident,
every residential facility admitting or retaining a bedridden
resident shall, within 48 hours of the resident's admission or
retention in the facility, notify the local fire authority with
jurisdiction over the bedridden resident's location of the estimated
length of time the resident will retain his or her bedridden status
in the facility.  
   (c) 
    (e)  (1) The department and the Office of the State Fire
Marshal, in consultation with the State Department of Developmental
Services, shall each promulgate regulations that meet all of the
following conditions:
   (A) Are consistent with  subdivision (a)  
this section  .
   (B) Are applicable to facilities regulated under this chapter,
consistent with the regulatory requirements of the California
Building Standards Code for fire and life safety for the respective
occupancy classifications into which the State Department of Social
Services' community care licensing classifications fall.
   (C) Permit residents to remain in homelike settings.
   (2) At a minimum, these regulations shall do both of the following
with regard to a residential care facility that provides care for
six or fewer  clients   residents  , at
least one of whom is bedridden:
   (A) Clarify the fire and life safety requirements for a fire
clearance for the facility.
   (B) Identify procedures for requesting the approval of alternative
means of providing equivalent levels of fire and life safety
protection. Either the facility, the resident or resident's
representative, or local fire official may request from the Office of
the State Fire Marshal a written opinion concerning the
interpretation of the regulations promulgated by the State Fire
Marshal pursuant to this section for a particular factual dispute.
The State Fire Marshal shall issue the written opinion within 45 days
following the request. 
   (d) 
    (f)  For facilities that care for six or fewer 
clients   residents  , a local fire official shall
not impose fire safety requirements stricter than the fire safety
regulations promulgated for the particular type of facility by the
Office of the State Fire Marshal or the local fire safety
requirements imposed on any other single family dwelling, whichever
is more strict. 
   (e) 
    (g)  This section and any regulations promulgated
thereunder shall be interpreted in a manner that provides flexibility
to allow bedridden persons to avoid institutionalization and be
admitted to, and safely remain in, community-based residential care
facilities.
  SEC. 3.  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.