BILL ANALYSIS Ó AB 2066 Page 1 Date of Hearing: May 16, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2066 (Monning) - As Amended: April 17, 2012 Policy Committee: Human ServicesVote:6 - 0 Aging and Long Term Care 6 - 0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill modifies the procedures to be followed in the event of a revocation of a license to operate a residential care facility for the elderly (RCFE). Specifically, this bill: 1)Requires the Department of Social Services (DSS) to do the following to protect the residents in the event of a determination to revoke an RCFE license: a) Make every effort to minimize trauma for residents. b) Contact any local agency that may have placement or advocacy responsibility for the residents of an RCFE after the decision is made and work with these agencies to locate alternative placement sites and to contact responsible relatives. c) Use appropriate medical personnel to provide onsite evaluation of the residents and assist in their transfer. 2)Authorizes DSS to require the licensee to prepare and submit a written plan for relocation and compliance with the terms and conditions of the approved plans, and to provide other information as necessary related to the revocation requirements. 3)Requires the licensee to provide a 60-day notice of closure to each resident and his or her responsible person within 24 hours of receipt of the notice of revocation from DSS. AB 2066 Page 2 4)Authorizes DSS to amend the effective date in the revocation order and to pursue other available remedies necessary to protect the health and safety of residents. FISCAL EFFECT Costs associated with this legislation would be minor and absorbable within existing resources. COMMENTS 1)Purpose . This bill serves as clean up legislation to AB 313 (Monning), Chapter 365, Statutes of 2011. AB 313 added license revocations to the statute requiring that, prior to surrendering its license or otherwise transferring residents to another facility or independent living arrangement, an RCFE licensee provide residents with written notice no later than 60 days prior to the eviction. The author notes that while a 60-day notice of closure is appropriate in a voluntary forfeiture situation, it is not always appropriate when a license has been revoked. AB 2066 creates a separate set of closure requirements for a facility that has had its license revoked, thus allowing DSS to close the facility in less than 60 days if necessary for the health and safety of the residents. It also establishes a procedure whereby DSS can allow a licensee to transfer day-to-day responsibility for a facility to a non-family member in order to oversee its closing and the relocation of residents. 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 AB 2066 Page 3 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