BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 663
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          Date of Hearing:   April 16, 2013

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                  Mark Stone, Chair
                  AB 663 (Gomez) - As Introduced:  February 21, 2013
           
          SUBJECT  :  Community Care Facilities:  Administrator Training  
          Requirements

           SUMMARY  :  Would require an additional five hours of training for  
          Administrators of Adult Residential Facilities (ARFs).   
          Specifically,  this bill  :  Requires administrators of ARFs to  
          undergo five additional hours of training in cultural competency  
          and sensitivity in aging lesbian, gay, bisexual, and transgender  
          minority issues.

           EXISTING LAW  

          1)Establishes the California Community Care Facilities Act  
            (CCFA) to provide a comprehensive statewide service system of  
            quality community care for people who have a mental illness, a  
            developmental or physical disability, and children and adults  
            who require care or services by a facility or organization.

          2)Defines a "community care facility" (CCF) as a facility,  
            place, or building 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)Requires administrators of CCFs to successfully complete a  
            minimum of 35 hours of classroom instruction from a California  
            Department of Social Services (DSS) approved certification  
            program, as specified.

          4)Establishes the California Residential Care Facilities for the  
            Elderly (RCFE) Act to provide for the housing, social and  
            service needs of older persons that can provide a homelike  
            environment for older persons with a variety of care needs.

          5)Defines a RCFE as a facility that provides personal care and  
            supervision, protective supervision or health related services  
            for persons 60 years of age or older who voluntarily choose to  








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            reside in that facility, and requires RCFEs to be licensed by  
            DSS.

          6)Requires administrators of RCFEs to successfully complete a  
            minimum of 40 hours of classroom instruction from a DSS  
            approved certification program, as specified.

           FISCAL EFFECT  :  Unknown

           BACKGROUND:  

           Community Care Facilities  
          Established in 1973, the CCFA was adopted in response to the  
          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,  
          CCFs 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, adult residential facilities (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. 

          CCF administrators must undergo 35 hours of classroom  
          instruction provided by a DSS-approved certification program.   
          The instruction is required to provide training on a uniform  
          core of knowledge that is necessary to operate a CCF, which  
          includes the understanding of:

                 Laws, regulations, and policies and procedural standards  
               that impact the operations of the type of facility for  
               which the applicant will be an administrator;








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                 Business operations;

                 Management and supervision of staff;

                 Psychosocial needs of the facility residents;

                 Community and support services;

                 Physical needs for facility residents;

                 Use, misuse, and interaction of medication commonly used  
               by facility residents;

                 Resident admission, retention, and assessment  
               procedures; and

                 Nonviolent crisis intervention for administrators.

          According to DSS, as of February 6, 2013 there were 77,243  
          licensed CCFs in California with a capacity to serve 1,395,577  
          residents. 

           Residential Care Facilities for the Elderly  
          It is the intent of the Legislature, in creating for RCFEs their  
          own licensing category, 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 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. 

          Much like CCF certification requirements, RCFE administrators  
          must undergo a similar training, but with more hours.  They are  
          required to successfully complete 40 hours of classroom  
          instruction provided by a DSS-approved certification program,  
          which includes additional hours of instruction relating to  
          serving clients with dementia. 

          According to DSS, as of February 6, 2013 there are 7,613  
          licensed RCFEs in California with a capacity to serve 173,333  








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          residents. 

           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 California's system of care for older persons. 

           Need for the bill  
          One of the most significant demographic changes occurring in the  
          United States (US) today is the growth of our aging population.   
          According to the US Census, in 2000, there were just over 41  
          million Americans over the age of 62, representing almost 15% of  
          the county's population.  In the 2010 Census, that number  
          increased by more than 21% to nearly 50 million people who are  
          62 years of age and over.  Americans aged 62 and over grew at a  
          faster rate than any other age group in the country.

          Additionally, with advances in health care and medical  
          treatment, life expectancy is increasing.  It is estimated that  
          by the year 2030, seniors will represent more than 20% of the  
          nation's population and be made up of a greater proportion of  
          seniors over the age of 85.  This will result in longer periods  
          of retirement for seniors, and increased reliance on housing,  
          health care, and social services. 

          Parallel to this increase in the nation's senior population, is  
          the growth in the number of Lesbian, Gay, Bisexual and  
          Transgender (LGBT) seniors.  Although LGBT seniors and their  
          heterosexual counterparts will experience similar issues  
          associated with growing older, they encounter a different and  
          unique set of challenges and circumstances that can serve as  
          barriers to accessing needed services.  In the 2004 report  
          "Aging in Equity" by the Funders for Gay and Lesbian Issues, it  
          notes:

               LGBT elders are? less likely to have children than their  
               heterosexual counterparts. Since life partners and children  
               play an important role in caregiving, many LGBT elders  
               become reliant on formal caregiving services sooner than  
               elders who can turn to family members and partners for  








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               informal support.

          The report goes on to say:

               LGBT couples face unequal treatment in hospital visitation,  
               health decision making, nursing care policies, Medicaid  
               regulations, Medicare and Social Security Coverage, pension  
               and tax regulations, housing rights, and a host of other  
               issues that fundamentally affect their financial security,  
               health status, and quality of life. 

          There are also numerous cultural and equity issues that have yet  
          to percolate into the world of senior and aging care in  
          California.  Whereas there is greater tolerance and  
          understanding of the LGBT community in younger generations, this  
          acceptance and equity of treatment has yet to immerse itself  
          into older generations, including seniors.

          Writing in support of the bill, the AARP states:

               The LGBT community has made incredible strides battling  
               social discrimination.  They shouldn't be forced back into  
               hiding in the late stages of life.  Increasing training in  
               cultural competence regarding LGBT seniors is necessary to  
               enable these individuals to live lives of dignity and  
               autonomy.

           COMMENTS  :   

          As introduced, AB 663 amends the instructional certification  
          requirements for administrators of ARFs.  However, the stated  
          intent of the bill is to provide greater cultural competence for  
          administrators of facilities that serve LGBT seniors.  ARFs are  
          facilities that predominantly provide residential care for  
          adults with developmental or mental health needs that prevent  
          them from living independently on their own. 

          It would appear that in order to meet the author's intent, this  
          measure should address the training requirements for  
          administrators of RCFEs.  This would encompass the types of  
          facilities that provide residential services for California's  
          older population, including LGBT seniors. 

          The committee may also want to consider whether the LTC  
          Ombudsman should also undergo some reasonable amount of cultural  








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          competency training.  This would help to ensure that the LTC  
          Ombudsman has the requisite training to identify, investigate  
          and correct any discrimination or disparity in the treatment and  
          provision of services for LGBT seniors who reside in a RCFE. 

          It is unclear why five additional hours are needed to address  
          just cultural competency or sensitivity training for LGBT  
          seniors, when it could be integrated into existing training time  
          requirements. According to DSS, existing available training  
          modules for LGBT cultural competency or sensitivity can be  
          provided in one hour. It would seem reasonable to integrate this  
          additional training requirement into the existing training  
          framework.

           RECOMMENDED AND SUGGESTED AMENDMENTS  

           Staff recommends the following amendment:
           
          Amendment #1
          On page two, line 23 delete "40" and replace with "35"

          Amendment #2
          On page three, line 1 delete "Five hours of training on  
          cultural" and replace with "Cultural"

          Amendment #3
          On page three, line three delete "40" and replace with "35"

          Amendment #4
          On page three, line nine delete "40-hour" and replace with "35"

          Amendment #5
          Amend Section 1569.616(c)(1) of the Health and Safety Code (RCFE  
          Act) to read:

            (c) (1) The administrator certification program shall require  
            a minimum of 40 hours of classroom instruction that provides  
            training on a uniform core of knowledge in each of the  
            following areas:
               (A) Laws, regulations, and policies and procedural  
               standards that impact the operations of residential care  
               facilities for the elderly.
               (B) Business operations.
               (C) Management and supervision of staff.
               (D) Psychosocial needs of the elderly.








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               (E) Community and support services.
               (F) Physical needs for elderly persons.
               (G) Use, misuse, and interaction of medication commonly  
               used by the elderly.
               (H) Resident admission, retention, and assessment  
               procedures.
               (I) Training focused specifically on serving clients with  
               dementia. This training shall be for at least four hours.
                (J) Cultural competency or sensitivity in aging lesbian,  
               gay, bisexual, and transgender minority issues.
           
           Staff suggests the following amendment:  

          Amend Section 9719 of the Welfare and Institutions Code  
          (Mello-Granlund Older Californians Act) to read:

            (a) (1) The office shall sponsor a training of representatives  
            of approved organizations at least twice each year.  The  
            office shall provide training to these representatives as  
            appropriate.  Prior to the certification of an ombudsman by  
            the office, individuals shall meet both of the following  
            requirements:
                 (A) Have a criminal offender record clearance conducted  
                 by the State Department of Social Services.  A clearance  
                 pursuant to Section 1569.17 of the Health and Safety Code  
                 shall constitute clearances for the purpose of entry to  
                 any long-term care facility.
                 (B) Have received a minimum of 36 hours of certification  
                 training that is approved by the office and offered by an  
                 approved organization.   organization, which shall include  
                 training on cultural competency or sensitivity in aging  
                 lesbian, gay, bisexual, and transgender minority issues.  
               (2) Upon receipt of an applicant's criminal record  
               clearance and acceptance by the office, the office shall  
               issue a card identifying the bearer as a certified  
               ombudsman.  Each ombudsman shall receive a minimum of 12  
               hours of additional training annually.
            (b) (1) The department shall contract with the State  
            Department of Social Services to conduct a criminal offender  
            record information search, pursuant to Section 1569.17 of the  
            Health and Safety Code, for each applicant seeking  
            certification as an ombudsman.  The State Department of Social  
            Services shall notify the individual and the office of the  
            individual's clearance or denial.
               (2) An applicant for certification as an ombudsman shall  








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               not be responsible for any costs associated with  
               transmitting the fingerprint images and related information  
               or conducting criminal record clearances.
            (c) Nothing in this section shall be construed to prohibit the  
            Department of Justice from assessing a fee pursuant to Section  
            11105 of the Penal Code to cover the cost of searching for or  
            furnishing summary criminal offender record information.

           DOUBLE REFERRAL  :  This bill has been double-referred.  Should  
          this bill pass out of this committee, it will be referred to the  
          Assembly Aging and Long Term Care Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Equality California (EQCA) - co-sponsor
          AARP
          California Advocates for Nursing Home Reform (CANHR)
          California Immigrant Policy Center (CIPC)
          Consumer Federation of California
          L.A. Gay & Lesbian Center
          Our Family Coalition

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Chris Reefe / HUM. S. / (916) 319-2089