BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 313| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 : CONTINUED AB 313 Page 2 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 CONTINUED AB 313 Page 3 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 CONTINUED AB 313 Page 4 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, CONTINUED AB 313 Page 5 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 CONTINUED AB 313 Page 6 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 **** END **** CONTINUED