BILL NUMBER: AB 261	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 7, 2013

   An act to add Section 1569.652 to the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 261, as introduced, Chesbro. Residential care facilities for
the elderly: fees and charges.
   Existing law provides for the licensure and regulation of
residential care facilities for the elderly, as defined, by the State
Department of Social Services, including, among other things,
regulation of fees and charges. Existing law requires the admission
agreement for a residential care facility for the elderly to contain
specified elements. Under existing law, a violation of any of these
provisions is punishable as a misdemeanor.
   This bill would prohibit a residential care facility for the
elderly from requiring advance notice for terminating an admission
agreement upon the death of a resident, and would prohibit the
facility from assessing any fees once all personal property of the
deceased is removed.
   By creating a new crime, this bill would impose a state-mandated
local program. The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.652 is added to the Health and Safety
Code, to read:
   1569.652.  A residential care facility for the elderly shall not
require advance notice for terminating an admission agreement upon
the death of a resident. A residential care facility for the elderly
shall not assess any fees once all personal property belonging to the
deceased resident is removed from the living unit.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.