BILL ANALYSIS Ó
AB 2171
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ASSEMBLY THIRD READING
AB 2171 (Wieckowski)
As Amended May 23, 2014
Majority vote
AGING 5-2 JUDICIARY 8-2
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|Ayes:|Yamada, Lowenthal, Daly, |Ayes:|Wieckowski, Alejo, Chau, |
| |Gray, Levine | |Dickinson, Garcia, |
| | | |Maienschein, Muratsuchi, |
| | | |Stone |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wagner, Grove |Nays:|Wagner, Gorell |
| | | | |
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APPROPRIATIONS 12-0
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, Campos, Eggman, | | |
| |Gomez, Holden, Linder, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes a statutory "residential care facilities
for the elderly" (RCFE) resident's "bill of rights," requires
facilities to post these rights in prominent place and to
disclose them to new residents upon admission, and creates a
mechanism for individuals to enforce them. Specifically, this
bill :
1)Expresses legislative intent to:
a) Enhance each RCFE resident's autonomy and strengthen an
RCFE resident's ability to make choices about care,
treatment and daily life;
b) Adopt fundamental rights for people residing in RCFEs,
and to provide residents the ability to enforce them;
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c) Encourage facilities to respect and promote those
rights, and treat residents with dignity and kindness;
d) Ensure that every RCFE provide a safe, comfortable and
homelike environment for its residents; and
e) Ensure that RCFEs protect residents from any type of
physical or mental abuse, neglect, restraint, exploitation,
or endangerment.
2)Establishes an RCFE resident's bill of rights in statute,
similar to those currently in regulations including the right
to 90 days prior notice to an involuntary transfer, discharge,
or eviction, and creates a mechanism for an individual to
enforce them through a private right of action.
3)Requires facilities to post these new statutory rights in a
prominent place, and to disclose them to new residents upon
admission.
EXISTING LAW :
1)Establishes the California Community Care Facilities Act, and
defines a "community care facility" as a facility, place, or
building maintained and operated to provide nonmedical
residential care, and provides for regulation by the
Department of Social Services (DSS).
2)Establishes the California RCFE Act, and a separate licensing
category which supports facilities that provide personal care
and supervision, protective supervision or health related
services for persons 60 years of age or older.
3) Requires RCFE licensees to disclose to, and inform new
residents, upon admission, of personal rights described in
California's Code of Regulations Title 22.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)This bill could create General Fund (GF) cost pressure by
potentially significantly increasing workload for the trial
courts.
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2)One-time costs to DSS estimated at $250,000 GF to review RCFE
plans of operations to ensure compliance, and to issue
regulations.
3)Unknown, likely minor, potential enforcement costs to the
Department of Justice, offset to some extent by penalty
revenue, to the extent violations of the rights included in
this bill are prosecuted by the Attorney General.
4)Unknown GF cost pressure to the California Department of
Veterans Affairs (CDVA), which runs seven RCFE facilities
throughout the state. To the extent this bill increases
litigation against CDVA facilities; CDVA will experience
increased costs defending itself against litigation.
COMMENTS : Recent media revealed misconduct, mistreatment, and
neglect of dependent residents living within licensed RCFEs.
Additionally, over the past several years, the elimination of
vacant staff positions, hiring moratoriums, and rolling staff
furloughs have challenged the Department of Social Services in
its mission to protect vulnerable populations living within
facilities that it licenses. Additional media revealed
potential corruption among DSS field staff who may have accepted
expensive gifts from those whom they regulate. These
revelations have led many to believe that RCFE residents are
increasingly exposed to harm.
This bill proposes a statutory bill of rights for RCFE residents
similar to those embodied in Title 22, and a mechanism to
encourage and achieve compliance. Under this bill, licensees
must resolve violations within 30 days of receipt of written,
registered notification of a violation. Licensees must resolve
the violation, as well as notify and disclose the violation to
other affected residents. Failure to resolve the violation
subjects the facility to a private right of action wherein they
may be enjoined from permitting the violation to continue, and
may be sued for civil damages not to exceed the maximum amount
of civil penalties that could be assessed on account of the
violation, and attorney's fees.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990 FN: 0003627
AB 2171
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