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
FN: 0001527