BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 313|
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                                 THIRD READING


          Bill No:  AB 313
          Author:   Monning (D)
          Amended:  6/28/11 in Senate
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  7-0, 6/14/11
          AYES:  Liu, Emmerson, Berryhill, Hancock, Strickland, 
            Wright, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  60-0, 4/14/11 - See last page for vote


           SUBJECT  :    Residential care facilities for the elderly

           SOURCE  :     Author


           DIGEST  :    This bill requires each residential care 
          facility for the elderly to provide residents, their 
          responsible party, and the local long-term care ombudsman 
          with a written notice when the Department of Social 
          Services commences proceedings to suspend or revoke its 
          license, or a criminal action relating to health or safety 
          of the residents is brought against the facility, and makes 
          other changes related to these actions.

          ANALYSIS  :    

           Existing Law  :

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          1. Under the Residential Care Facilities for the Elderly 
             Act, provides for the licensure of residential care 
             facilities for the elderly (RCFEs) by the Department of 
             Social Services (DSS), Community Care Licensing Division 
             (CCLD).

          2. Provides for a state long-term care ombudsman (LTC 
             Ombudsman) office (including approved organizations) 
             within the Department of Aging to investigate and seek 
             to resolve complaints and concerns communicated by, or 
             on behalf of, patients, residents, or clients of any 
             long-term care facility.

          3. Authorizes DSS to take enforcement action, including, 
             but not 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.

          4. Requires DSS to notify placement agencies and the Office 
             of the State Long-Term Care Ombudsman when DSS 
             substantiates that a violation has occurred that poses a 
             serious threat to the health and safety of any resident 
             when the violation results in the assessment of a 
             penalty or filing of an accusation for revocation of the 
             license.

          5. 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.

          6. Requires an RCFE to place, in a conspicuous place, 
             copies of all DSS licensing reports issued in the 
             preceding 12 months, and all licensing reports resulting 
             from the most recent annual visit, excluding any 
             reference to a complaint found by DSS to be unfounded or 
             unsubstantiated.

          7. Requires written notice to a resident's responsible 
             person at the time of admission that licensing reports 
             are available for review at the facility, and those 

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             copies of licensing reports and other documents 
             pertaining to the facility are available from the 
             appropriate DSS district office.

           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 either of the following:

             A.    DSS commences proceedings to suspend or revoke 
                the license of the facility.

             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 the name and 
             contact information for the local LTC Ombudsman and for 
             the DSS CCLD, with a statement directing the resident or 
             the resident's responsible party to contact the CCLD for 
             information on the license status of the facility.  
             Requires the notice to also include the reason for the 
             initiation of suspension or revocation proceedings, or 
             the criminal action.

          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.

             D.    The name and phone number of the contact person 
                designated by the DSS CCLD to provide information 

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                on the license status of the facility.

          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. Defines "responsible party" as an individual, including 
             the resident's relative, health care surrogate decision 
             maker, or a placement agency, which 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.

           Background
           
           RCFEs  .  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.  According to DSS, 
          approximately 80 percent of RCFEs are licensed for six or 
          fewer residents; the remaining RCFEs have an average 
          licensed capacity of approximately 60 residents.  In the 
          last few years, several bills have been enacted and 
          attempted to provide greater notice and transition for RCFE 
          residents, when a facility is no longer able to provide 
          services.

           Chanticleer Home  .  In the case of Chanticleer Home, 
          residents' representatives received a letter dated April 
          30, 2010, stating that DSS began legal action against the 
          facility on April 23, 2009.  The letter explained that DSS 
          "has now received the Decision and Order that revokes the 
          license" for the RCFE, and that "Ýt]he closure will be 
          effective on May 14, 2010"-only two weeks following the 
          date of the letter to the RCFE resident representatives.  
          The representatives were advised to contact the local LTC 
          Ombudsman for support and information about other RCFEs, 

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          and were also directed to a facility search web site.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  6/27/11)

          AARP
          Advocacy, Inc.
          Aging Services of California
          Alzheimer's Association
          Bet Tzedek Legal Services
          California Advocates for Nursing Home Reform
          California Alliance for Retired Americans
          California Assisted Living Association
          California Commission on Aging
          California Communities United Institute
          California Long-Term Care Ombudsman Association
          City of Santa Cruz
          County of Santa Cruz
          County Welfare Directors Association of CA
          National Association of Social Workers - CA
          Ombudsman Services of Northern California
          Professional Fiduciary Association of California
          The Arc of California
          United Cerebral Palsy in California

           ARGUMENTS IN SUPPORT  :    In support of this bill, 
          California Advocates for Nursing Home Reform (CANHR) writes 
          that despite their special needs, RCFE residents have few 
          legal protections to ensure they are notified when their 
          facility is in danger of losing its license and shutting 
          down.  CANHR states that this bill will substantially 
          reduce the harm that threatens RCFE residents when they are 
          abruptly forced to move due to the unanticipated closure of 
          their facility.  Advocacy, Inc., the nonprofit organization 
          operating the LTC Ombudsman program for Santa Cruz and San 
          Benito Counties, states that this bill will prevent the 
          anxiety, trauma and stress Chanticleer residents and 
          families experienced and offer an opportunity for residents 
          and families to positively interact with facility 
          administrations to affect needed changes within vulnerable 
          facilities.  AARP writes that it is important for residents 
          and their families to know of circumstances that may be 

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          relevant to their continued stay at the facility.


           ASSEMBLY FLOOR  : 
          AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, Feuer, 
            Fletcher, Fong, Fuentes, Furutani, Gatto, Gordon, 
            Halderman, Hall, Hayashi, Hill, Huber, Hueso, Huffman, 
            Jeffries, Lara, Bonnie Lowenthal, Ma, Mansoor, Miller, 
            Mitchell, Monning, Nestande, Nielsen, Norby, Pan, Perea, 
            V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, 
            Solorio, Swanson, Torres, Valadao, Wieckowski, Yamada, 
            John A. Pérez
          NO VOTE RECORDED: Alejo, Butler, Conway, Donnelly, 
            Galgiani, Garrick, Gorell, Grove, Hagman, Harkey, Roger 
            Hernández, Jones, Knight, Logue, Mendoza, Morrell, Olsen, 
            Wagner, Williams, Vacancy

          CTW:do  6/28/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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