BILL ANALYSIS Ó
AB 313
Page 1
Date of Hearing: April 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 313 (Monning) - As Amended: March 14, 2011
Policy Committee: Human
ServicesVote:6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires residential care facilities for the elderly
(RCFEs) to provide residents, their designated emergency
contacts and representatives, and the local long-term care
ombudsman with notice when certain actions are taken in response
to licensing violations. Specifically, this bill:
1)Requires written notices to be provided to residents,
emergency contacts, representatives and the ombudsman when the
Department of Social Services (DSS) informs a facility there
is a violation that poses a serious threat to the health and
safety of the residents.
2)Requires written notices when DSS commences proceedings to
suspend or revoke the license of a facility.
3)Requires all written notices contain the contact information
for the local ombudsman.
4)Requires the RCFE post the notice by the main entrance of the
facility.
5)Requires that any civil penalty levied for a violation of
these provisions be in addition to the civil penalties levied
for the underlying violation.
FISCAL EFFECT
Potential minor non-reimbursable local costs for investigation
and prosecution of violations, potentially offset by fine
revenue.
AB 313
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COMMENTS
1)Rationale . The purpose of this bill is to help ensure that
residents are aware of a potential facility shut down.
According to the author, residents are often the last to know
their facility is closing and that they will need to find
another housing and care arrangement.
2)Background . RCFEs serve persons 60 and older. They provide
room, board, housekeeping, supervision, and assistance with
basic activities like personal hygiene, dressing, eating, and
walking. These facilities often store their residents'
medication in a central location and assist the residents with
self-administering their medication.
These facilities are designed for people who are unable to
live by themselves but who do not need 24-hour nursing care.
They are considered non-medical facilities and are not
required to have nurses, certified nursing assistants or
doctors on staff.
The Department of Social Services Community Care Licensing
Division is responsible for licensing and monitoring all RCFEs
in the state. According to recent data, there are
approximately 7,800 RCFEs throughout the state, housing
165,000 residents.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081