BILL NUMBER: AB 1523 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN SENATE JUNE 3, 2014
AMENDED IN ASSEMBLY APRIL 1, 2014
INTRODUCED BY Assembly Members Atkins and Weber
(Principal coauthor: Assembly Member Maienschein)
(Coauthors: Assembly Members Ian Calderon, Skinner, and Waldron)
(Coauthors: Senators Block and Corbett)
JANUARY 17, 2014
An act to add Section 1569.605 to the Health and Safety Code,
relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
AB 1523, as amended, Atkins. Residential care facilities for the
elderly: liability insurance.
Existing law provides for the licensure and regulation of
residential care facilities for the elderly by the State Department
of Social Services, including requiring, as a condition of licensure,
bonds issued by a surety company for a licensee that handles the
moneys of a person in the facility. Violation of these provisions is
a misdemeanor.
This bill, on and after July 1, 2015, would require all
residential care facilities for the elderly to maintain
either liability insurance in an amount of at least
$1,000,000 per occurrence and $3,000,000 in the annual aggregate to
cover injury to residents or guests caused by the negligent acts or
omissions to act of, or neglect by, the licensee or its employees. By
creating a new crime, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.605 is added to the Health and Safety
Code, to read:
1569.605. On and after July 1, 2015, all residential care
facilities for the elderly, except those facilities that are an
integral part of a continuing care retirement community, shall
maintain either liability insurance covering
injury to residents and guests in the amount of at least one million
dollars ($1,000,000) per occurrence and three million dollars
($3,000,000) in the total annual aggregate, caused by the negligent
acts or omissions to act of, or neglect by, the licensee or its
employees.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.