BILL ANALYSIS Ó
AB 1899
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1899 (Brown) - As Amended: April 22, 2014
Policy Committee: Human
ServicesVote:6 - 0
Aging 7 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
The bill requires the Department of Social Services (DSS) to
establish and maintain a telephone hotline, and an
internet-based website to accept public complaints regarding
RCFEs, and requires the website to show final actions resulting
in citation, suspension, or revocation taken against each
licensee, indexed by the name of the licensee and by the name of
the facility. Beginning January 1, 2015, this bill requires an
RCFE license to be revoked when the licensee abandons a
facility, and then bans that individual from licensure for life.
FISCAL EFFECT
1)One-time costs to DSS in the range of $1 million in 2014/15
and ongoing costs of approximately $700,000 for project
development, testing and maintenance and other related IT
contract work related to the telephone hotline and website.
2)On-going administrative costs, likely minor, to identify and
track banned licensees.
3)DSS notes they are proposing a hotline in their Community Care
Licensing Quality Enhancement BCP.
COMMENTS
1)Purpose . According to the author, "it is estimated that by
2020 our senior population will total 15.7 million seniors,
which will comprise 14% of the nation's population. This will
increase the numbers of seniors in residential care facilities
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and the accompanying health and safety code violations, which
lead to abandonment of a facility. AB 1899 seeks to address
the abandonment of residential care facilities and the need to
have an efficient and centralized system of obtaining accurate
information about these facilities to prevent violators from
repeatedly violating health and safety codes with impunity."
2)Background . RCFEs, commonly referred to as assisted living
facilities, are licensed retirement residential homes and
board and care homes that provide personal care and
supervision or health related services to persons who are 60
years of age and over, who voluntarily choose to reside in the
facility. RCFEs enable older persons to live independently in
a home-like environment rather than in nursing home or other
institutionalized facility. Services include personal care
and protective supervision, including incidental medical
services, based upon the needs of the resident.
There are 7,589 licensed RCFEs in California with a capacity
to serve over 176,000 residents. Licensed by DSS' Community
Care Licensing Division (CCLD), RCFEs range in size from
residential homes with six or less beds to more formal
residential facilities with 100 beds or more. DSS is required
to conduct unannounced licensing inspections of the more than
75,000 licensed community care facilities, including RCFEs, at
least once every five years, more often in some circumstances.
3)Recent events . Recent media focused upon the abandonment of
Valley Springs Manor, a RCFE with 19 residents in the city of
Castro Valley. In May 2013 the CCLD, taking action in
response to the beleaguered facility's poor care history,
revoked Valley Springs Manor's license. Licensees are granted
appeal rights in such instances and the revocation was
immediately appealed, which allowed the facility to remain
operational. The licensee abandoned the facility during the
fall of 2013, ultimately leaving its frail clientele under the
care of the facility cook. It was not until the cook called
"911" that emergency protocol to protect the residents was
activated.
4)DSS Website . DSS is required to operate an automated RCFE
license information system to provide information on licensees
and former licensees of licensed RCFEs. It currently has a
searchable database of RCFEs on its website, but information
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is limited to the name, location, contact information, type of
facility and whether the facility's license is current or
pending. It does not provide information such as a facility's
licensing history, staff, or its complaints history. Under
current practice, when a licensee undergoes a licensing
inspection or is subject to a complaint investigation, the
information reported by CCLD is maintained in a paper-based
format. To acquire information on the quality of a facility,
a person must travel to one of DSS' eight regional licensing
offices and request the information in person.
In response to recent incidences in RCFEs, DSS is working to
provide more robust information of licensed RCFEs on its
website. DSS anticipates having an online searchable database
with up to five years of historical information on RCFEs,
including:
a) the name of the facility and its licensee's name and
contact information;
b) the number of substantiated, unsubstantiated, and
inconclusive complaints filed against the facility,
including complaint severity and whether a complaint
resulted in a citation;
c) the number of inspections, complaint investigations, and
general visits the facility has received.
A timeline for the availability of this searchable database
has not been established.
1)Governor's Budget . In response to recent health and safety
issues discovered at facilities licensed by the CCLD, the
2014-15 Governor's Budget proposes a comprehensive plan to
reform the CCLD program. This proposal includes an increase of
$7.5 million ($5.8 million General Fund) and 71.5 positions to
improve the timeliness of investigations, ensure the CCLD
inspects all facilities at least once every five years,
increase staff training, and establish clear fiscal, program,
and corporate accountability. The proposal also increases
civil penalties assessed for violations and increases
licensing and application fees by 10%.
Further, the proposal includes a specialized and centralized
toll-free public complaint hotline, which can help acquire
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better initial information, conduct consistent prioritization,
and dispatch incoming complaints to regional offices.
2)Related Legislation .
a) AB 1436 (Waldron, 2014) requires the DSS to post
information on its website regarding Residential Care
Facilities for the Elderly (RCFE), including results of
licensing inspections reports, consultation reports,
violations, plans of correction, appeal requests, and the
number, nature and status of complaints filed against a
facility. This bill is pending on this committee's Suspense
File.
b) AB 2621 (Garcia, 2014) requires DSS to post similar
information on their website regarding child day care
facilities. This bill is before this committee today.
1)RCFE Reform Package . In response to a number of highly
publicized events at facilities that have raised questions
about the adequacy of RCFEs and the state's ability to comply
with existing oversight and enforcement requirements, a number
of legislative measures are being pursued to strengthen,
address shortcomings, resolve legal liabilities and gaps in
the provision of services, and ultimately reform the RCFE
industry.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081