BILL ANALYSIS Ó
AB 2066
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CONCURRENCE IN SENATE AMENDMENTS
AB 2066 (Monning)
As Amended June 14, 2012
Majority vote
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|ASSEMBLY: |70-0 |(May 25, 2012) |SENATE: |36-0 |(August 9, |
| | | | | |2012) |
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Original Committee Reference: HUM. S.
SUMMARY : Establishes procedures to be followed in the event of
revocation of a license to operate a residential care facility
for the elderly (RCFE) and 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.
Additionally, requires DSS to provide other information as
necessary related to the revocation requirements, and requires
the licensee to provide adequate notice to each RCFE resident
and their responsible person, as specified.
The Senate amendments add language exempting DSS and the
licensee from having to follow notification procedures as
proposed to be established by this measure should the licensee
have its license revoked due to health and safety violations as
specified in the Health and Safety Code Section 1596.50
EXISTING LAW :
1)Provides, under the Residential Care Facilities for the
Elderly Act, for the licensure and regulation of RCFEs by DSS,
Community Care Licensing Division.
2)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.
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.
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4)Requires the DSS to contact any local agency that may have
placement or advocacy responsibility for the residents of an
RCFE and make every effort to minimize trauma for residents if
the director determines it is necessary to temporarily suspend
the facility's license.
5)Requires an RCFE to provide residents, their responsible
party, and the local long-term care ombudsman with a written
notice when DSS 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.
6)Requires the licensee to take all reasonable steps to transfer
affected residents safely as the result of the revocation of
an RCFE license.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
AS PASSED BY THE ASSEMBLY , this bill revised the revocation
procedures for RCFE licensed facilities to provide separate
procedures for when they voluntarily surrender their license or
have their license revoked.
COMMENTS : 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 March 2012, there were 7,655
licensed RCFEs in the state with a total capacity of 171,809
residents. According to DSS, approximately 80% of RCFEs are
licensed for six or fewer residents; the remaining RCFEs have an
average licensed capacity of approximately 60 residents.
Need for this bill : This bill addresses an unintended problem
with a bill enacted last year, 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 or their responsible person with written notice no
later than 60 days prior to the eviction. As the author notes,
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"Ýw]hile a 60-day notice of closure is appropriate in a
voluntary forfeiture situation, it is not always appropriate
when a license has been revoked." The author further says:
First, when DSS, through its Community Care Licensing
Division, makes the decision to revoke a license, it
is considered the final remedy in a series of
on-going, unresolved deficiencies that put residents'
health and safety at risk. Allowing residents to
continue to live in this environment may actually be
detrimental to their health. Second, the licensee may
no longer be willing or able to meet the needs of the
residents for the next 60 days. Third, there is an
increased risk that care staff will begin leaving the
RCFE for other employment once license revocation is
announced.
This bill removes provisions related to license revocations from
the 60-day notice statute applicable to voluntary forfeitures
and establishes procedures to be followed in the case of a
revocation. In addition to providing for 60 days' notice to
residents and their representatives, this bill permits the
licensee, within 72 hours of receiving a revocation order, to
submit for DSS approval a proposal for a qualified third-party
manager to administer the day-to-day operations of the facility
during the 60-day closure period. The third party must be
currently licensed to operate a program of comparable size with
comparable programming, as specified. This process will give
residents more time to find other housing, and afford additional
time to potentially identify another licensed operator for the
RCFE thereby avoiding resident relocation entirely.
This bill provides that DSS may amend the effective date in the
revocation order or pursue any other available remedies
necessary to protect the health and safety of the residents.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0004690
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