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
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          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
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            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