AB 559, as introduced, Gordon. Residential care facilities for the elderly.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law exempts from these provisions specified facilities, including general acute care hospitals, clinics, and recovery houses for individuals with drug or alcohol addiction.
This bill would add to the list of facilities that are exempt from regulation as a residential care facility for the elderly a home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home, as defined, in which care is provided exclusively to three or fewer veterans.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1569.145 of the Health and Safety Code
2 is amended to read:
begin insert(a)end insertbegin insert end insertThis chapter shall not apply to any of the
4following:
5(a)
end delete6begin insert(1)end insert A health facility, as defined by Section 1250.
7(b)
end delete8begin insert(2)end insert A clinic, as defined by Section 1200.
9(c)
end delete
10begin insert(3)end insert A facility conducted by and for the adherents of a
11well-recognized church or religious denomination for the purpose
12of providing facilities for the care or treatment of the sick who
13depend upon prayer or spiritual means for healing in the practice
14of the religion of that church or denomination.
15(d)
end delete
16begin insert(4)end insert A house, institution, hotel, congregate housing project for
17the elderly, or other similar place that is limited to providing one
18or more of the following: housing, meals, transportation,
19housekeeping, or recreational and social activities; or that have
20residents independently accessing supportive services, provided,
21 however, that no resident thereof requires an element of care and
22supervision or protective supervision as determined by the director.
23This subdivision shall not include a home or residence that is
24described in subdivision (f).
25(e)
end delete
26begin insert(5)end insert Recovery houses or other similar facilities providing group
27living arrangements for persons recovering from
alcoholism or
28drug addiction where the facility provides no care or supervision.
29(f) (1)
end delete
30begin insert(6)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertAn arrangement for the care and supervision of a person
31or persons by a family member.
32(2)
end delete
33begin insert(B)end insert An arrangement for the care and
supervision of a person or
34persons from only one family by a close friend, whose friendship
35preexisted the contact between the provider and the recipient, and
36both of the following are met:
37(A)
end delete
P3 1begin insert(i)end insert The care and supervision is provided in a home or residence
2chosen by the recipient.
3(B)
end delete
4begin insert(ii)end insert The arrangement is not of a business nature and
occurs only
5as long as the needs of the recipient for care and supervision are
6adequately met.
7(g) (1)
end delete
8begin insert(7)end insertbegin insert end insert(A) begin insert(i)end insertbegin insert end insertAny housing occupied by elderly or disabled
9persons, or both, that is approved and operated pursuant to Section
10202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811
11of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage
12is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C.
13Sec. 1715z), or that
receives mortgage assistance pursuant to
14Section 221d(3) of Public Law 87-70 (12 U.S.C. Sec. 1715l), where
15supportive services are made available to residents at their option,
16as long as the project owner or operator does not contract for or
17provide the supportive services.
18(B)
end delete
19begin insert(ii)end insert Any housing that qualifies for a low-income housing credit
20pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
21or that is subject to the requirements for rental dwellings for
22low-income families pursuant to Section 8 of Public Law 93-383
23(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
24persons, or both, where supportive services are made available to
25
residents at their option, as long as the project owner or operator
26does not contract for or provide the supportive services.
27(2)
end delete
28begin insert(B)end insert The project owner or operator to which paragraph (1) applies
29may coordinate, or help residents gain access to, the supportive
30services, either directly, or through a service coordinator.
31(8) A home or facility approved and annually reviewed by the
32United States Department of Veterans Affairs as a medical foster
33home, as defined in Section 17.73 of Title 38 of the Code of Federal
34Regulations, in
which care is provided exclusively to three or fewer
35veterans.
36(h)
end delete37begin insert(9)end insert A similar facility determined by the director.
38(i)
end delete
39begin insert(b)end insert For purposes of this section, “family member” means a
40spouse, by marriage or otherwise, child or stepchild, by natural
P4 1birth or by adoption, parent, brother, sister, half brother, half sister,
2
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
3uncle, first cousin, or a person denoted by the prefix “grand” or
4“great,” or the spouse of one of these persons.
5(j)
end delete
6begin insert(c)end insert A person shall not be exempted from this chapter’s licensure
7requirements if he or she has been appointed as conservator of the
8person, estate of the person, or both, if the person is receiving care
9and supervision from the conservator as regulated by this chapter,
10unless the conservator is otherwise exempted under other
11provisions of this section.
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