BILL ANALYSIS Ó
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CONSENT
Bill No: AB 581
Author: Ammiano (D)
Amended: 6/14/13 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 6/11/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE JUDICIARY COMMITTEE : 7-0, 6/25/13
AYES: Evans, Walters, Anderson, Corbett, Jackson, Leno, Monning
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/09/13 (Consent) - See last page for
vote
SUBJECT : Care facilities: retaliation
SOURCE : San Francisco Long Term Care Ombudsman Program
DIGEST : This bill extends discrimination and retaliation
protections to a resident or employee of a community care
facility (CCF), residential care facility(RCF), or residential
care facility for the elderly (RCFE) who has filed with the
Department of Social Services (DSS) or a state or local
ombudsman a complaint, grievance, or request for inspection
regarding the facility.
ANALYSIS :
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Existing law:
1.Establishes the California Community Care Facilities Act to
provide a 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.
2.Defines "community care facility" to mean 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.
3.Provides separate provisions for the operation of a RCF and
defines "residential care facility" to mean a RCF for persons
with chronic, life-threatening illness who are 18 years of age
or older or are emancipated minors, and for family units.
4.Provides for the operation of a RCFE and defines "residential
care facility for the elderly" to mean 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 an RCFE.
5.Requires DSS to license, regulate, and inspect CCFs, RCFs, and
RCFEs.
6.Provides that any person may request an inspection of a CCF,
RCF, or RCFE.
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.
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8.Prohibits any licensee from discriminating or 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.
9.Prohibits a licensee from discriminating or retaliating 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.
10.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 and permits the state
Ombudsman to investigate and resolve complaints that are made
by, or on behalf of, residents of long-term care facilities.
This bill:
1.Extends the existing provision prohibiting a CCF, RCF, or RCFE
licensee from discriminating or retaliating, including, but
not limited to, eviction or threat of eviction, against a
person receiving services or an employee of the CCF, RCF, or
RCFE on the basis of the person initiating or participating in
the filing of a complaint or grievance with DSS.
2.Prohibits the licensee from discriminating or retaliating,
including, but not limited to, eviction or threat of eviction,
against a person receiving services or an employee of the CCF,
RCF, or RCFE on the basis of the person initiating or
participating in the filing of a complaint, grievance, or
request for investigation with the appropriate local or state
ombudsman.
3.Prohibits an officer or employee of a CCF, RCF, or RCFE
licensee from such discrimination or retaliation.
Background
Residential Care Facilities for the Elderly . RCFEs are a
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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 (Program) is administered through the
Department of Aging and 35 local programs contracted through the
network of local Area Agencies on Aging. The Program utilizes
approximately 950 volunteers and 155 paid full-time and
part-time staff to serve as resident/patient advocates of
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's Internet Web
site, 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 offers
protection against retaliation to residents or employees who
request an inspection from DSS against retaliation by the RCFE
licensee. AB 581 extends 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.
Prior Legislation
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AB 2262 (Lanterman, Lewis, and Brown, Chapter 1203, Statutes of
1973) establishes the California Community Care Facilities Act
and provided a 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. AB
2262 prohibits discrimination and retaliation against a person
requesting an inspection of the facility by DSS.
SB 185 (Mello, Chapter 1127, Statutes of 1985) provides for the
licensing, regulation, and operation of RCFEs and prohibits
discrimination or retaliation against persons requesting
inspections thereof.
AB 3459 (Friedman, Chapter 1333, Statutes of 1990) provides for
the licensing, regulation, and operation of RCFs for persons
with a chronic, life-threatening illness.
AB 305 (Friedman, Chapter 832, Statutes of 1991) prohibits
discrimination or retaliation against a person who requests
inspections of RCFs for persons with a chronic, life-threatening
illness.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/13)
San Francisco Long Term Care Ombudsman Program (source)
California Continuing Care Residents Association
Causa Justa: Just Cause
City and County of San Francisco
County Welfare Directors Association of California
LeadingAge California
State Long-Term Care Ombudsman
The Arc and United Cerebral Palsy California Collaboration
ARGUMENTS IN SUPPORT : The Office of the State Long-Term Care
Ombudsman, in support, argues that "this bill will provide
stronger and more specific language in the Health and Safety
Code regarding protection for residents of RCFEs and adult
residential facilities from retaliation for exercising their
rights to voice concerns with their care and living conditions."
Arguably, providing seniors, dependent adults, and minors
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living in care facilities, and the employees who work in those
facilities, protection from retaliation for reporting potential
problems at the facilities will protect individuals living in
these facilities from abuses and harmful living conditions.
Protecting these individuals is an important public purpose, and
this bill would promote the use of the Ombudsman programs, which
were established to further this purpose.
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen,
Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva,
Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
JL:ej 8/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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