Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1821


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 amended, 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 arebegin delete satisfied andend deletebegin insert satisfied,end insert the USDVA facility establishing the home agrees to be subject to the jurisdiction of the California State Auditorbegin insert, and the USDVA obtains criminal background information for caregivers and specified individuals residing in the homeend insert. 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:

P2    1

SECTION 1.  

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.

7

SEC. 2.  

Chapter 5 (commencing with Section 1850) is added
8to Division 8 of the Military and Veterans Code, to read:

9 

10Chapter  5. Medical Foster Home Pilot Program
11

 

12

1850.  

This chapter shall be known and may be cited as the
13Medical Foster Home Pilot Program.

begin insert
14

begin insert1850.5.end insert  

For purposes of this chapter, the following definitions
15shall apply:

16(a) “Medical foster home” has the same meaning as that term
17is defined in Section 17.73 of Title 38 of the Code of Federal
18Regulations.

19(b) “Medical foster home caregiver” means the primary person
20who provides care to a veteran resident in a medical foster home.

21(c) “USDVA facility” means a United States Department of
22Veterans Affairs facility.

23(d) “Veteran resident” has the same meaning as that term is
24defined in Section 17.73 of Title 38 of the Code of Federal
25 Regulations.

end insert
26

1851.  

Abegin delete United States Department of Veterans Affairs
27(USDVA)end delete
begin insert USDVAend insert facility may establish a medical foster home
28program in this state. A medical foster home established pursuant
P3    1to that program is not subject to licensure or regulation under the
2California Residential Care Facilities for the Elderly Act (Chapter
33.2 (commencing with Section 1569) of Division 2 of the Health
4and Safety Code) if all of the following requirements are satisfied:

5(a) The medical foster home meets the requirements of Sections
617.73 and 17.74 of Title 38 of the Code of Federal Regulations.

7(b) The USDVA facility submits a proposal to establish a
8medical foster home program to the Director of Home and
9Community-Based Care in Geriatrics and Extended Care Services
10in the Central Office of the USDVA and that director authorizes
11the program.

12(c) The USDVA facility establishing the foster home agrees to
13be subject to the jurisdiction of the California State Auditor for
14the purpose of evaluating the program created under this chapter.
15Consistent with this agreement, the USDVA facility shall provide
16data, information, and case files as requested by the California
17State Auditor to perform all of his or her duties in evaluating the
18program created under this chapter.

begin insert

19(d) The United States Department of Veterans Affairs obtains
20background information as required under Section 1853.

end insert
21

1852.  

It is the intent of the Legislature that the California State
22Auditor, through a request to the Joint Legislative Audit
23Committee, conduct an audit that assesses and evaluates the pilot
24program created by this chapter no sooner than January 1, 2016.
25It is the intent of the Legislature that the audit be used to do both
26of the following:

27(a) Evaluate the success of the pilot program by confirming that
28the USDVA facilities are meeting their goals and standards.

29(b) Make recommendations regarding the continuation of the
30program, including, but not limited to, recommendations regarding
31changes or reforms needed for improvement of the program.

begin insert
32

begin insert1853.end insert  

(a) For each medical foster home established under this
33chapter, the United States Department of Veterans Affairs shall
34submit to the Department of Justice fingerprint images and related
35information required by the Department of Justice of both of the
36following for the purposes of obtaining information as to the
37existence and content of a record of state or federal convictions
38and state or federal arrests and also information as to the existence
39and content of a record of state or federal arrests for which the
P4    1Department of Justice establishes that the individual is free on
2bail or on his or her own recognizance pending trial or appeal:

3(1) Medical foster home caregivers.

4(2) Individuals, other than veteran residents, who are over 18
5years of age and are residing in the medical foster home.

6(b) When received, the Department of Justice shall forward to
7the Federal Bureau of Investigation requests for federal summary
8criminal history information submitted pursuant to this section.
9The Department of Justice shall review the information returned
10from the Federal Bureau of Investigation and shall compile and
11disseminate a response to the United States Department of Veterans
12Affairs.

13(c) The Department of Justice shall provide a state or federal
14level response to the United States Department of Veterans Affairs
15pursuant to subdivision (p) of Section 11105 of the Penal Code.

16(d) The United States Department of Veterans Affairs shall
17request from the Department of Justice subsequent notification
18service, as provided pursuant to Section 11105.2 of the Penal
19Code, for the individuals described in subdivision (a).

20(e) The Department of Justice shall charge a fee sufficient to
21cover the reasonable costs of processing the request described in
22this section.

23(f) This section shall remain in effect until the date that the
24United States Department of Veterans Affairs receives federal
25authority to request criminal background checks of the individuals
26described in this section, or January 1, 2018, whichever date
27occurs first.

end insert
28

1855.  

This chapter shall remain in effect only until January 1,
292018, and as of that date is repealed, unless a later enacted statute,
30that is enacted before January 1, 2018, deletes or extends that date.



O

    98