BILL ANALYSIS Ó
AB 313
Page 1
ASSEMBLY THIRD READING
AB 313 (Monning)
As Amended April 7, 2011
Majority vote
HUMAN SERVICES 6-0 APPROPRIATIONS 16-0
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|Ayes:|Beall, Jones, Ammiano, |Ayes:|Fuentes, Harkey, |
| |Grove, Wieckowski, | |Blumenfield, Bradford, |
| |Portantino | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires residential care facilities for the elderly
(RCFEs) to provide residents, their responsible party, and the
local long-term care ombudsman (LTC Ombudsman) with notice when
specified actions are taken in response to violations that could
result in suspension or revocation of the facility's license or
that relate to the health and safety of residents.
Specifically, this bill :
1)Requires a licensed RCFE to provide written notice to
residents, the resident's responsible party, if any, and the
local LTC Ombudsman within 10 days of the occurrence of any of
either of the following:
a) The Department of Social Services (DSS) commences
proceedings to suspend or revoke the license of the
facility; or,
b) A criminal action that relates to the health or safety
of residents is brought against the facility.
2)Requires that the required notice to the resident and
resident's responsible party include contact information for
the LTC Ombudsman and for the DSS Community Care Licensing
Division (CCLD) with a statement directing the resident or
emergency contact person to contact either the local LTC
Ombudsman or CCLD for information on the license status of the
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facility.
3)Requires the RCFE to post a written notice in a conspicuous
location in the facility that includes all of the following:
a) The date of the notice;
b) The name of the RCFE;
c) A statement that a copy of the most recent licensing
report prepared by DSS, and any additional reports of
facility evaluation visits within the preceding 12 months
may be obtained at the facility; and,
d) The name and phone number of the contact person
designated by DSS to provide information about the site
visit report.
4)Requires that the notice remain posted until the deficiencies
giving rise to the notice are resolved.
5)Provides that any civil penalty levied by DSS for violation of
the notice provisions of this bill be in addition to any civil
penalty levied for the underlying violation giving rise to the
notice requirement.
6)Requires an RCFE to take all reasonable steps to transfer
residents safely and minimize possible transfer trauma, and to
submit a proposed closure plan to DSS for approval, in the
event of a license revocation.
7)Defines "responsible party" as an individual, including the
resident's relative, health care surrogate decision maker, or
a placement agency, who assists the resident in placement or
assumes varying degrees of responsibility for the well-being
of the resident, as designated by the resident in writing.
EXISTING LAW :
1)Under the Residential Care Facilities for the Elderly Act,
provides for the licensure and regulation of RCFEs by DSS,
CCLD.
2)Authorizes DSS to take enforcement action, including, but not
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limited to, actions to suspend, temporarily suspend, or revoke
a license and to impose civil penalties for violations of
rules and regulations established under licensing provisions
governing RCFEs.
3)Requires that, prior to surrendering its license or otherwise
transferring residents to another facility or independent
living arrangement, the RCFE licensee provide residents or
their responsible person with written notice no later than 60
days prior to the eviction, and provide relocation assistance.
FISCAL EFFECT : According to the Assembly Appropriations
Committee: "Potential minor non-reimbursable local costs for
investigation and prosecution of violations, potentially offset
by fine revenue."
COMMENTS : RCFEs are licensed assisted living facilities for
persons 60 years of age and over and persons under 60 with
compatible needs. Varying levels of care and supervision,
protective supervision, or personal care are provided, based
upon residents' needs. As of February 2011, there were 7,668
licensed RCFEs in the state with a total capacity of 170,376
residents.
The author notes that, "Ýd]espite the impact ÝCCLD] enforcement
action may have on the residents of RCFEs, they are not provided
any advance notice of a potential facility shut-down. In fact,
residents are often the last to know their home is going to be
closed and they will no longer have housing or care services."
Prior legislation, AB 949 (Krekorian), Chapter 686, Statutes of
2007, established procedures requiring that, prior to
transferring RCFE residents as a result of forfeiture of a
license or change of use of the facility, the facility take all
reasonable steps to transfer affected residents safely and to
minimize transfer trauma. The steps include preparing a
relocation evaluation for each resident of the resident's needs,
and providing the residents or the residents' responsible person
with a written notice concerning the transfer no later than 60
days before the intended eviction.
This bill adds license revocation to the circumstances
triggering the requirements enacted by AB 949 (Krekorian) of
2007. This bill also expands on existing notice requirements.
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For example, while current law requires that the facility notify
placement agencies, if any, and the Office of the State LTC
Ombudsman of licensing violations in certain circumstances, this
bill requires notice to the residents themselves, the
responsible party, if any, and the local LTC Ombudsman.
The notification requirements of this bill are in recognition of
the fact that the residents of RCFEs are elderly, often
medically frail individuals for whom an RCFE is home. They and
their representatives are entitled to be kept apprised in a
timely manner of events that will seriously disrupt their lives
and potentially require that they find alternative living
arrangements.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0000227