BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: AB 581
A
AUTHOR: Ammiano
B
VERSION: April 22, 2013
HEARING DATE: June 11, 2013
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FISCAL: Yes
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CONSULTANT: Tepring Piquado
SUBJECT
Community care facilities and residential care facilities
for the elderly: retaliation
SUMMARY
This bill prohibits a Community Care Facility (CCF) or
Residential Care Facility for the Elderly (RCFE) licensee,
or officer or employee of the licensee, from discriminating
or retaliating against a person because the person has
initiated or participated in the filing of a complaint,
grievance or request for inspection, as specified.
ABSTRACT
Existing law:
1) Establishes the California Community Care
Facilities Act to provide coordinated and
comprehensive statewide service system of quality
community care for mentally ill, developmentally and
physically disabled, and children and adults who
require care or services by a facility or organization
issued a license or special permit. (HSC § 1500 et
seq.)
Continued---
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2) Defines "Community care facility" as any facility,
place, or building that is maintained and operated to
provide nonmedical residential care, day treatment,
adult day care, or foster family agency services for
children, adults, or children and adults, including,
but not limited to, the physically handicapped,
mentally impaired, incompetent persons, and abused or
neglected children. (HSC § 1502)
3) Separately, defines "Residential care facility for
the elderly" as a housing arrangement chosen
voluntarily by persons 60 years of age or over, or
their authorized representative, where varying levels
and intensities of care and supervision, protective
supervision, or personal care are provided, based upon
their varying needs, as determined in order to be
admitted and to remain in the facility. Persons under
60 years of age with compatible needs may be allowed
to be admitted or retained in a residential care
facility for the elderly. (HSC § 1569.2(k))
4) Requires the Department of Social Services (DSS) to
inspect and license CCFs and RCFEs. (HSC § 100150;
HSC § 1569.11)
5) Prohibits any person, firm, partnership,
association, or corporation within the state as well
as any state or local public agency from operating,
establishing, managing, conducting or maintaining a
CCF, without a current valid California license. (HSC
§ 1508)
6) Establishes that any person may request an
inspection of any CCF or RCFE. (HSC § 1538(a);
1569.35)
7) Prohibits any licensee from discriminating or
retaliating in any manner against any person receiving
the services of the licensee's CCF, or against any
employee of such licensee's facility, on the basis, or
for the reason that, such person or employee or any
other person has initiated or participated in an
inspection. (HSC § 1539)
8) Prohibits any licensee from discriminating or
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retaliating in any manner against any person receiving
the services of the licensee's RCFE, or against any
employee of the licensee's facility, because the
person or employee or any other person has initiated
or participated in an inspection. (HSC § 1569.37)
9) Establishes a Long-Term Care Ombudsman Program to
encourage community contact and involvement with
elderly patients or residents of long-term care
facilities or residential facilities through the use
of volunteers. (WIC § 9700)
10) Permits the State Ombudsman to investigate and
resolve complaints that are made by, or on behalf of,
residents of long-term care facilities, as specified.
(WIC § 9712.5(a))
This bill:
1) Adds to existing statute that the CCF licensee, or
the officer or employee of the licensee shall not
discriminate or retaliate against any person, as
specified.
2) Adds to existing statute that the RCFE licensee, or
the officer or employee of the licensee shall not
discriminate or retaliate against any person, as
specified.
3) Specifies in both CCF and RCFE statute that
discrimination or retaliation includes eviction or
threat of eviction.
4) Expands existing statute that establishes
protections for individuals who initiated or
participated in an inspection to those individuals who
file of a complaint, grievance, or a request for
inspection.
5) Expands existing statute that establishes
protections for individuals initiating, participating
or filing a complaint with DDS to those individuals
initiating, participating or filing a complaint to the
appropriate local or state ombudsman.
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FISCAL IMPACT
An Assembly Appropriations Committee analysis indicates
that minor nonreimbursable local law enforcement costs are
offset to some extent by fine revenues to the extent anyone
is charged with a misdemeanor violation.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, AB 581 will extend protections
against discriminatory and retaliatory actions by
prohibiting staff of a community care facility or
residential care facility for the elderly from retaliating
against a person for filing a complaint or grievance with
the local Ombudsman Program. The author claims that because
existing law only protects from retaliation against
licensees, individuals are discouraged from filing
grievances against staff members for fear of retaliation.
Community Care Facility
CCFs are licensed by the Community Care Licensing Division
of + DSS to provide 24-hour, non-medical, residential care
to children and adults with developmental disabilities who
are in need of personal services, supervision, or
assistance essential for self-protection or with performing
activities of daily living. CCFs have various service
levels which include providing limited care and supervision
for people who can care for themselves to providing
professional care and supervision for people with deficits
in self-help skills, and/or severe impairment in physical
coordination and mobility, and/or severely disruptive or
self-injurious behavior.
According to DSS, as of May 2013, there were 77,059
licensed facilities in the state with a total capacity of
1.4 million residents.
CCFs that provide less than 24-hour nonmedical care and
supervision include:
Child Day Care Facilities: Child Care Centers and
Family Child Care Homes
Adult Day Programs
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CCFs that provide 24-hour nonmedical care and supervision
include:
Children's Residential Facilities including Group
Homes, Foster Family Homes, Small Family Homes,
Transitional Housing, Crisis Nursery, Adoption
Agencies, Foster Family Agencies
Adult Residential Facilities including Social
Rehabilitation Facilities
Residential Care Facilities for the Elderly
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Residential Care Facility for the Elderly
RCFEs are a specific type of CCF that provide a housing
arrangement chosen voluntarily by the resident, the
resident's guardian, conservator or other responsible
person. RCFEs provide care, supervision and assistance with
activities of daily living, such as bathing and grooming.
They may also provide incidental medical services under
special care plans. RCFEs are licensed by the Community
Care Licensing Division of DSS.
The RCFEs provide services to people 60 years of age and
over and people under age 60 with compatible needs. RCFEs
may also be known as assisted living facilities, retirement
homes and board and care homes. RCFEs can range in size
from six beds or less to more than 100 beds. The residents
in these facilities require varying levels of personal care
and protective supervision.
Office of the State Ombudsman
The state's Long-Term Care Ombudsman program is
administered through the California Department of Aging and
35 local programs contracted through the network of local
area agencies on aging (AAA). The program utilizes
approximately 950 volunteers and 155 paid full-time and
part-time staff to serve as resident/patient advocates of
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residents in more than 9,000 long-term care facilities.
Volunteers initially receive a minimum of 36 hours of
training to carry out their duties.
According to the California Department of Aging website,
the primary responsibility of the program is to investigate
and endeavor to resolve complaints made by, or on behalf
of, individual residents in long-term care facilities. The
goal of the program is to advocate for the rights of all
residents of long-term care facilities.
Expanding Protections Against Retaliation
Existing law (HSC § 1539, 1569.37) offers protection
against retaliation to residents or employees who request
an inspection from DSS against retaliation by the RCFE
licensee. AB 581 would extend that protection to people
requesting an investigation from the Ombudsman as well.
Additionally, it extends protections to residents or
employees who are retaliated against by an officer or
employee of an RCFE. It also extends those protections to
individuals who file a complaint or grievance.
COMMENTS
Staff notes that the legislation would expand protections
against retaliation from officers or employees of CCL or
RCFE licensees. Staff recommends extending these
protections in the same manner to Residential Care
Facilities for Persons With Chronic Life-Threatening
Illness in the HSC 1568.07(d).
1568.07(d) No licensee shall discriminate or retaliate in
any manner against any person receiving the services of the
facility of the licensee, or against any employee of the
facility, on the basis, or for the reason, that a person or
employee or any other person has initiated or participated
in an inspection pursuant to Section 1568.071
No licensee, or officer or employee of the licensee, shall
discriminate or retaliate in any manner, including, but not
limited to, eviction or threat of eviction, against any
STAFF ANALYSIS OF ASSEMBLY BILL 581 (Ammiano) Page
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person receiving the services of the licensee's facility,
or against any employee of the licensee's facility, on the
basis, or for the reason that, the person or employee or
any other person has initiated or participated in the
filing of a complaint, grievance, or a request for
inspection with the department pursuant to this chapter or
has initiated or participated in the filing of a complaint,
grievance, or request for investigation with the
appropriate local or state ombudsman.
PRIOR VOTES
Assembly Floor: 75 - 0
Assembly Appropriations:17 - 0
Assembly Judiciary: 10 - 0
Assembly Human Services: 7 - 0
POSITIONS
Support: California Assisted Living Association
(CALA)
California Continuing Care Residents
Association (CALCRA)
Causa Justa :: Just Cause
County Welfare Directors Association (CWDA)
7 Individuals
Oppose: None on file
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