BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 581
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 581 (Ammiano)
          As Amended  June 14, 2013
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 9, 2013)   |SENATE: |38-0 |(August 15,    |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    HUM. S.  

           SUMMARY  :  Expands protections afforded to residents and  
          employees of an adult residential facility (ARF), a residential  
          care facility for the elderly (RCFE), or a RCFE for persons with  
          chronic life-threatening illness.  Specifically, this bill  :  

          1)Prohibits an ARF, RCFE, or RCFE for persons with chronic  
            life-threatening illness licensee or their staff from  
            discriminating or retaliating against a resident, as  
            specified, if the resident has participated in the filing of a  
            complaint, grievance, or request for inspection with the  
            California Department of Social Services (DSS) or with a local  
            or state ombudsman.

          2)Prohibits an ARF, RCFE, or RCFE for persons with chronic  
            life-threatening illness licensee or their staff from  
            discriminating or retaliating against a fellow staff person,  
            as specified, if the staff person has participated in the  
            filing of a complaint, grievance, or request for inspection  
            with DSS or with a local or state ombudsman.

           The Senate amendments  extend expanded protections to RCFEs for  
          persons with chronic life-threatening illness.

           AS PASSED BY THE ASSEMBLY  , this bill expanded protections  
          afforded to residents and employees of an ARF and RCFE.
            
           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :

           California Community Care Facilities Act (CCFA) background  :   
          Established in 1973, the CCFA was adopted in response to the  








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          need to provide a system of nonmedical community care, to  
          provide care and supervision services for persons with  
          developmental and mental health needs, as well as socially  
          dependent children and adults in California.  Over the years,  
          community care facilities have evolved to become more  
          sophisticated in the range of care they provide, which now  
          includes providing care for persons with severe behavioral or  
          emotional problems, serious mental or developmental disorders  
          and significant medical needs. 

          Community care facilities provide non-medical care and  
          supervision for children and adults, including persons with  
          disabilities, seniors in need of residential care, children in  
          foster care and at-risk children needing shelter services,  
          families in need of early childhood education (child care), and  
          adult care services. 

          Under the CCFA, ARFs are generally considered facilities that  
          provide residentially-based care for adults age 18-59, who are  
          unable to provide for their own daily needs.  ARFs typically  
          provide residential care for adults with mental health needs or  
          developmental disabilities that prevent them from living at home  
          safely on their own. 

           RCFE background  :  It was the intent of the Legislature, in  
          creating RCFEs as its own licensing category under the CCFA to  
          help provide a system of residential care to allow older persons  
          to live as independently as possible while not forcing them to  
          move between medical and nonmedical services.  Commonly referred  
          to as assisted living facilities, retirement homes and board and  
          care homes, RCFEs are licensed facilities under the CCFA that  
          provide services to individuals who are 60 years of age and over  
          and persons under the age of 60 with compatible needs.  RCFEs  
          provide a wide array of care, which can include varying levels  
          of personal care and protective supervision, based upon the  
          needs of the resident. 

           Office of the Long-Term Care (LTC) Ombudsman  :  As established by  
          the Mello-Granlund Older Californians Act, the LTC Ombudsman  
          serves as an independent entity within the California Department  
          of Aging.  Its primary responsibilities are two-fold.  First, it  
          identifies, investigates and resolves complaints made by  
          residents of RCFEs, nursing homes and assisted living  
          facilities.  Second, it plays an advocacy role in the  
          development of policies, regulations and statute to improve  








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          California's system of care for older persons. 

           Need for the bill  :  Current law provides the LTC Ombudsman  
          specific authority to investigate and resolve complaints, and  
          additionally provides protections to residents from retaliation  
          from a licensee when they file a complaint.  However, current  
          law only provides protection of retaliation from the licensee  
          and 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. 

          Although current law could be construed to define "licensee"  
          broadly, it is not specific as to whether the complainant is  
          protected from retaliation from a staff person or other  
          representative of the licensee.  This measure seeks 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 CCFA for  
          Adult Residential Facilities. 

           
          Analysis Prepared by  :    Chris Reefe / HUM. S. / (916) 319-2089 


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