BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: AB 663
A
AUTHOR: Gomez
B
VERSION: April 29, 2013
HEARING DATE: June 25, 2013
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FISCAL: Yes
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CONSULTANT: Tepring Piquado
SUBJECT
Care facilities: training requirements
SUMMARY
This bill would require the Adult Residential Facility
(ARF) and Residential Care Facilities for the Elderly
(RCFE) administrator training program and ombudsman
training program to include training in cultural competency
and sensitivity in issues relating to the aging lesbian,
gay, bisexual, and transgender community.
ABSTRACT
Existing law:
1) Establishes the California Community Care
Facilities Act and the California Residential Care
Facilities for the Elderly Act with the intent to
provide a coordinated and comprehensive statewide
service system of quality community care for mentally
ill, developmentally and physically disabled children
and adults who require care or services by a facility
or organization issued a license or special permit
(HSC § 1500 et seq. and HSC § 1569 et seq.,
Continued---
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respectively)
2) Requires the Department of Social Services (DSS) to
establish a training program to ensure that licensees,
operators, and staff of adult residential care
facilities have appropriate training to provide the
care and services for which a license or certificate
is issued. (HSC § 1562.3 (a))
3) Defines in California regulations "Adult
Residential Facility" as any facility of any capacity
that provides 24-hour-a-day nonmedical care and
supervision to persons 18 years of age through 59
years of age; and as specified, persons 60 years of
age and older. (CCR Title 22, Division 6, Chapter 1 §
80001)
4) Requires the ARF administrator certification
program to have a minimum of 35 hours of classroom
instruction that provides training on a uniform core
of knowledge, as specified. (HSC § 1562.3 (c)(1))
5) 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,
personal care, or health-related services are
provided, based upon their varying needs, as
determined in order to be admitted, and to remain in
the facility. (HSC § 1569.2 (l))
6) Requires the RCFE administrator certification
program to have a minimum of 35 hours of classroom
instruction that provides training on a uniform core
of knowledge, as specified. (HSC § 1569.616. (b)(1))
7) 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)
8) Requires State Ombudsmen to provide services to
assist residents in the protection of their health,
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safety, welfare, and rights. (WIC § 9712.5 (b))
9) Requires, prior to the certification of an
ombudsman by the Office of the State Long-Term Care
Ombudsman, that individuals receive a minimum of 36
hours of certification training that is approved by
the office. (WIC § 9719 (a)(1)(B))
This bill:
1) Requires instruction on cultural competency and
sensitivity in issues relating to the underserved
aging lesbian, gay, bisexual, and transgender
community be included in the ARF and RCFE
administrator certification program.
2) Requires training on cultural competency and
sensitivity in issues relating to the underserved
aging lesbian, gay, bisexual, and transgender
community be included in the 36 hours of certification
training for ombudsmen.
FISCAL IMPACT
An Assembly Appropriations Committee analysis indicates
that costs associated with this legislation should be minor
and absorbable within existing resources because the bill
does not require an increase in the overall number of hours
of training.
BACKGROUND AND DISCUSSION
Purpose
According to the author, it's only been in the last few
years that people have started to do research into the
needs and life experience of older LGBT people and their
families. To further complicate the issue, older LGBT
people increasingly face aging with HIV/AIDS as the first
generation of survivors to navigate the impact of HIV on
aging. The author states that often LGBT older people do
not have access to adequate health care, affordable housing
and other social services they need. AB 663 directs efforts
in educating mainstream providers and key policy makers
about the needs of LGBT older people and their families as
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they age and how to meet those needs in a respectful and
dignified manner.
Older Adults & the LGBT Community
According to the 2010 US Census, there are 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. It has been estimated that 9 million
Americans identify as lesbian, gay, bisexual, or
transgender (LGBT) according to information attained from
the National Resource Center on LGBT Aging. It has also
been approximated that 1.5 million adults, aged 65 or
older, are LGB (no transgender estimate provided).
Adult Residential Facility
Adult Residential Facilities (ARF) are facilities of any
capacity that provide 24-hour non-medical care for adults
ages 18 through 59, who are unable to provide for their own
daily needs. Adults may be physically handicapped,
developmentally disabled, and/or mentally disabled.
ARF Administrator Certification Program Areas
Provided in statute, ARF administrators are required to
attend the administrator certification program which
requires a minimum of 35 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 the type of facility for which the applicant
will be an administrator.
b. Business operations.
c. Management and supervision of staff.
d. Psychosocial needs of the facility
residents.
e. Community and support services.
f. Physical needs for facility residents.
g. Use, misuse, and interaction of
medication commonly used by facility residents.
h. Resident admission, retention, and
assessment procedures.
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i. Nonviolent crisis intervention for
administrators.
Residential Care Facility for the Elderly
Residential Care Facilities for the Elderly (RCFEs) 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 also may provide incidental medical services under
special care plans. RCFEs are licensed by the Community
Care Licensing branch of the California Department of
Social Services (DSS).
RCFEs provide services to people 60 years of age and over
and people under 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.
RCFE Administrator Certification Program Areas
RCFE administrators are required by law to attend the
administrator certification program which requires a
minimum of 40 hours of classroom instruction that provides
training on a uniform core of knowledge in the same general
areas as those required of ARF administrators.
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 in
more than 9,000 long-term care facilities statewide.
Volunteers initially receive a minimum of 36 hours of
training to carry out their duties.
According to the California Department of Aging website,
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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.
Related Legislation
AB 2920 (Leno) Chapter 829, Statutes of 2006, required the
California Department of Aging (CDA) to ensure equal access
to programs and services funded through the Older Americans
Act, and that all programs administered by CDA and the Area
Agencies on Aging account for the needs of lesbian, gay,
bisexual, and transgender (LGBT) elders.
SB 1729 (Migden) Chapter 550, Statues of 2008 required
Registered Nurses, Certified Nurse Assistants, Licensed
Vocational Nurses, and physicians working within a skilled
nursing facility or congregate living facility to
participate in training provided by the Department of
Public Health focused on eliminating homophobia.
PRIOR VOTES
Assembly Floor: 52 - 21
Assembly Appropriations: 12 - 5
Assembly Aging and Long Term Care: 5 - 2
Assembly Human Services: 5 - 2
POSITIONS
Support: AARP
Betty T. Yee, Member, 1st District, State
Board of Equalization
County Welfare Directors Association of
California
Consumer Federation of California
Oppose: None received
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