AB 1821, as introduced, Gordon. Medical foster homes.
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law exempts from these provisions specified facilities, including general acute care hospitals, clinics, and recovery houses for individuals with drug or alcohol addiction. Existing law authorizes the California State Auditor, upon the request by the Joint Legislative Audit Committee and to the extent funding is available, to audit a state or local governmental agency, as defined, or any other publicly created entity.
This bill would establish the Medical Foster Home Pilot Program and would, until January 1, 2018, authorize a United States Department of Veterans Affairs (USDVA) facility to establish a medical foster home that is not subject to licensure or regulation under the California Residential Care Facilities for the Elderly Act provided that specified federal requirements are satisfied and the USDVA facility establishing the home agrees to be subject to the jurisdiction of the California State Auditor. The bill would state the intent of the Legislature that the California State Auditor, through a request to the Joint Legislative Audit Committee, conduct an audit evaluating the program created by this bill no sooner than January 1, 2016, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature to expand into
2California the United States Department of Veterans Affairs
3medical foster home program by authorizing the United States
4Department of Veterans Affairs facilities in the state to establish
5medical foster homes that are exempt from regulation under the
6California Residential Care Facilities for the Elderly Act.
Chapter 5 (commencing with Section 1850) is added
8to Division 8 of the Military and Veterans Code, to read:
9
This chapter shall be known and may be cited as the
13Medical Foster Home Pilot Program.
A United States Department of Veterans Affairs
15(USDVA) facility may establish a medical foster home program
16in this state. A medical foster home established pursuant to that
17program is not subject to licensure or regulation under the
18California Residential Care Facilities for the Elderly Act (Chapter
193.2 (commencing with Section 1569) of Division 2 of the Health
20and Safety Code) if all of the following requirements are satisfied:
21(a) The medical foster home meets the requirements of Sections
2217.73 and 17.74 of Title 38 of the Code of Federal Regulations.
23(b) The USDVA facility submits a proposal to establish a
24medical foster home program to the Director of Home and
25Community-Based Care in Geriatrics and
Extended Care Services
26in the Central Office of the USDVA and that director authorizes
27the program.
28(c) The USDVA facility establishing the foster home agrees to
29be subject to the jurisdiction of the California State Auditor for
30the purpose of evaluating the program created under this chapter.
31Consistent with this agreement, the USDVA facility shall provide
P3 1data, information, and case files as requested by the California
2State Auditor to perform all of his or her duties in evaluating the
3program created under this chapter.
It is the intent of the Legislature that the California State
5Auditor, through a request to the Joint Legislative Audit
6Committee, conduct an audit that assesses and evaluates the pilot
7program created by this chapter no sooner than January 1, 2016.
8It is the intent of the Legislature that the audit be used to do both
9of the following:
10(a) Evaluate the success of the pilot program by confirming that
11the USDVA facilities are meeting their goals and standards.
12(b) Make recommendations regarding the continuation of the
13program, including, but not limited to, recommendations regarding
14changes or reforms needed for improvement of the program.
This chapter shall remain in effect only until January 1,
162018, and as of that date is repealed, unless a later enacted statute,
17that is enacted before January 1, 2018, deletes or extends that date.
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