BILL ANALYSIS Ó
AB 581
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 581 (Ammiano) - As Amended: April 22, 2013
Policy Committee: JudiciaryVote:10
- 0
Human Services 7 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits a community care facility licensee or a
residential facility for the elderly (RCFE) licensee, or any
officer or employee of the licensee, from discriminating or
retaliating against a resident or employee.
FISCAL EFFECT
Minor nonreimbursable local law enforcement costs offset to some
extent by fine revenues, to the extent anyone is charged with a
misdemeanor violation.
COMMENTS
1)Purpose . This bill clarifies current law to ensure that
employees of an RCFE licensee are neither discriminating
against nor retaliating against residents in RCFE facilities
who file complaints against the facility. Unfortunately, the
author notes, current law is not specific as to whether a
complainant is protected from retaliation from a staff person
or other representative of the licensee. This measure
attempts to clarify that the retaliation prohibition
protections afforded under the RCFE Act applies to the staff
in addition to the licensee, and would also establish these
same protections under the Community Care Facilities Act for
Adult Residential Facilities.
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
AB 581
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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.
Current law provides the Long-Term Care Ombudsman specific
authority to investigate and resolve complaints filed by
residents and employees of facilities that care for the
elderly or infirm. Additionally the law provides protections
for residents from retaliation by a licensee when they file a
complaint. However, current law only provides protection for
retaliation by the licensee, not their staff. In many cases,
the licensee is a single individual who is listed on the
facility's license as the owner or proprietor, and who may
have limited or no interaction with residents of the facility.
The staff members of the licensee are more likely to operate
the facility and have day-to-day direct care interaction with
a resident by whom or for whom a complaint could be filed.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081