BILL NUMBER: AB 1821	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon
   (Coauthors: Assembly Members Brown, Chávez, Fox, Melendez,
Muratsuchi, and Salas)

                        FEBRUARY 18, 2014

   An act to add and repeal Chapter 5 (commencing with Section 1850)
of Division 8 of the Military and Veterans Code, relating to
veterans.



	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  It is the intent of the Legislature to expand into
California the United States Department of Veterans Affairs medical
foster home program by authorizing the United States Department of
Veterans Affairs facilities in the state to establish medical foster
homes that are exempt from regulation under the California
Residential Care Facilities for the Elderly Act.
  SEC. 2.  Chapter 5 (commencing with Section 1850) is added to
Division 8 of the Military and Veterans Code, to read:
      CHAPTER 5.  MEDICAL FOSTER HOME PILOT PROGRAM


   1850.  This chapter shall be known and may be cited as the Medical
Foster Home Pilot Program.
   1851.  A United States Department of Veterans Affairs (USDVA)
facility may establish a medical foster home program in this state. A
medical foster home established pursuant to that program is not
subject to licensure or regulation under the California Residential
Care Facilities for the Elderly Act (Chapter 3.2 (commencing with
Section 1569) of Division 2 of the Health and Safety Code) if all of
the following requirements are satisfied:
   (a) The medical foster home meets the requirements of Sections
17.73 and 17.74 of Title 38 of the Code of Federal Regulations.
   (b) The USDVA facility submits a proposal to establish a medical
foster home program to the Director of Home and Community-Based Care
in Geriatrics and Extended Care Services in the Central Office of the
USDVA and that director authorizes the program.
   (c) The USDVA facility establishing the foster home agrees to be
subject to the jurisdiction of the California State Auditor for the
purpose of evaluating the program created under this chapter.
Consistent with this agreement, the USDVA facility shall provide
data, information, and case files as requested by the California
State Auditor to perform all of his or her duties in evaluating the
program created under this chapter.
   1852.  It is the intent of the Legislature that the California
State Auditor, through a request to the Joint Legislative Audit
Committee, conduct an audit that assesses and evaluates the pilot
program created by this chapter no sooner than January 1, 2016. It is
the intent of the Legislature that the audit be used to do both of
the following:
   (a) Evaluate the success of the pilot program by confirming that
the USDVA facilities are meeting their goals and standards.
   (b) Make recommendations regarding the continuation of the
program, including, but not limited to, recommendations regarding
changes or reforms needed for improvement of the program.
   1855.  This chapter shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.