BILL ANALYSIS Ó
AB 261
Page 1
Date of Hearing: April 17, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 261 (Chesbro) - As Amended: April 1, 2013
Policy Committee: Human
ServicesVote:7 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill clarifies the termination of an admission agreement
and the refunding of fees upon the death of a resident of a
residential care facility for the elderly (RCFE). Specifically,
this bill:
1)Prohibits an RCFE from requiring advance notice for the
termination of an admission agreement upon the death of a
resident.
2)Requires an RCFE to cease charging fees when all personal
property of a deceased resident is removed from the living
unit.
3)Prohibits an RCFE from impeding the removal of a deceased
resident's belongings by the resident's authorized
representative(s).
4)Requires an RCFE to issue a refund of any fees paid in advance
that cover time after the deceased resident's belongings have
been removed from the facility to the resident's authorized
representative(s) within 15 days of removal of the belongings.
FISCAL EFFECT
Costs associated with this legislation should be minor and
absorbable within existing resources.
COMMENTS
1)Rationale . Current regulations allow for RCFE admission
AB 261
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agreements to include a 30-day cancellation notice even in
cases where a resident has died if it is disclosed and agreed
to in writing (Title 22, Section 87507(h)). In some cases,
this has meant that the admission agreement does not provide
for a refund after the belongings are removed from the
apartment. While this does not appear to be common, there is
currently no prohibition on the practice.
The author hopes this bill will resolve that problem by
prohibiting advance notice for terminating the admission
agreement due to death of the resident and requiring that fees
stop once the personal property belonging to the deceased
resident has been removed from the resident's apartment.
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
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.
3)Related Legislation . In 2011, AB 1142 (Chesbro), a
substantially similar bill, was held without a hearing in the
Senate Human Services Committee.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081