BILL ANALYSIS Ó
AB 313
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CONCURRENCE IN SENATE AMENDMENTS
AB 313 (Monning)
As Amended August 17, 2011
Majority vote
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|ASSEMBLY: |60-0 |April 14, 2011 |SENATE: |37-0 |(August 22, |
| | | | | |2011) |
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Original Committee Reference: HUM. S.
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 prescribed
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.
The Senate amendments :
1)Provide that the required notice to the resident and
resident's responsible party, if any, include the reason for
the commencement of proceedings to suspend or revoke a
facility license, or the reason for any criminal action
brought against the facility; the name of, in addition to
contact information for, the local LTC Ombudsman; and, a
statement directing the resident's responsible party and the
resident to contact the Community Care Licensing Division of
the Department of Social Services (CCLD) for information on
the license status of the facility.
2)Provide that the notice to the resident, the resident's
responsible party, and the local LTC Ombudsman include contact
information for the CCLD designee to provide information on
the license status of the facility.
3)Provide that the civil penalties for failure to comply with
the notice requirements of this bill shall be $100 per day,
regardless of the number of notices the licensee fails to
send, with the maximum penalty not to exceed $5,000.
4)Move the provisions of this bill to an existing, related code
section, and make other technical and clarifying changes.
AB 313
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EXISTING LAW :
1)Provides under the Residential Care Facilities for the Elderly
Act for the licensure and regulation of RCFEs by CCLD.
2)Authorizes CCLD 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.
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.
AS PASSED BY THE ASSEMBLY , this bill required RCFEs to provide
residents, their responsible party, and the 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.
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. 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. The Senate amendments
prescribe and clarify content for the required notices, and
specify civil penalties for failure to comply with the notice
requirements of this bill.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
AB 313
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FN: 0001958 0001585