BILL ANALYSIS Ó AB 601 Page 1 ASSEMBLY THIRD READING AB 601 (Eggman) As Amended April 23, 2015 Majority vote ----------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+--------------------| |HUMAN SERVICES |7-0 |Chu, Mayes, | | | | |Calderon, Lopez, | | | | |Maienschein, Mark | | | | |Stone, Thurmond | | | | | | | | | | | | |----------------+------+--------------------+--------------------| |APPROPRIATIONS |12-0 |Gomez, Bloom, | | | | |Bonta, Calderon, | | | | |Daly, Eggman, | | | | |Eduardo Garcia, | | | | |Holden, Quirk, | | | | |Rendon, Weber, Wood | | | | | | | | | | | | |----------------+------+--------------------+--------------------| | | | | | | | | | | | | | | | |----------------+------+--------------------+--------------------| | | | | | AB 601 Page 2 | | | | | | | | | | ----------------------------------------------------------------- SUMMARY: Expands and further specifies licensure requirements for Residential Care Facilities for the Elderly. Specifically, this bill: 1)Specifies that any party applying for a license for a residential care facility for the elderly (RCFE) that is a firm, or other entity, shall submit evidence affirming the reputable and responsible character of any members or shareholders holding a beneficial ownership interest of at least 10% and of the person holding operational control of the RCFE in question, as specified. 2)Requires an applicant for an RCFE license to disclose specified information including, but not limited to, previous facility ownership, management, and/or operation. 3)Expands required disclosure of an RCFE license applicant's prior and present administrative service in or ownership of other facilities, as specified. Further, specifies that such facilities can be located in California or any other state and that disclosure must encompass the past 10 years, as specified. 4)Requires an RCFE license applicant to disclose the applicant's chief executive officer's, general partner's, or like party's prior and present administrative service in or ownership of any health or care facility within the past 10 years, as specified. 5)Expands and specifies required disclosure of an RCFE license applicant's licensing history to include actions taken in AB 601 Page 3 California or any other state, and to include any suspension, probation, or similar disciplinary action taken or in the process of being taken against a health or care facility, as specified, or against a license held or previously held by the applicant or the applicant's chief executive officer, general partner, or like party, within the past 10 years. 6)Requires an RCFE license applicant to submit evidence of right of possession of the facility at the time the license is granted, as specified. 7)Requires the Department of Social Services (DSS) to cross-check the RCFE license applicant's information regarding facility ownership, as specified, with the Department of Public Health (DPH). 8)Removes the requirement that failure of an RCFE license applicant to cooperate with DSS in completion of the application, as specified, result in denial of the application and instead makes such denial permissive. 9)Requires RCFE license application information, as specified, to be provided to DSS upon initial application and further requires that any changes in such information be provided to DSS within 30 calendar days of that change. 10)Requires DSS to deny an RCFE license application, and allows it to subsequently revoke an RCFE license, if the applicant knowingly made a false statement of fact regarding application information. 11)Permits DSS to deny an RCFE application or subsequently revoke an RCFE license if the applicant did not disclose enforcement AB 601 Page 4 actions, as specified, on the application. 12)Requires DSS, to the extent that its computer system can accommodate additional RCFE information, to post identifying and descriptive information, as specified, for licensed providers. 13)Permits DSS to deny an application for an RCFE license if the applicant has a history of noncompliance with licensure requirements for RCFEs or other health or care facilities, applicable state and federal laws, and requirements governing facility operators, as specified. 14)States that noncompliance by the chief executive officer, general partner, or like party with RCFE licensure requirements and implementing regulations, as specified, may be the basis for license decisions against the owner. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Unknown, potentially moderate costs (GF) to DSS to "cross-check" information against DPH information, dependent on the process (manual vs. automated) utilized to cross-check information. 2)Minor costs (GF) to DSS for automation and staff training. 3)Cost pressure (GF) to DSS to obtain available technology that would enable posting of identifying and descriptive information for licensed providers on its website. COMMENTS: AB 601 Page 5 Residential Care Facilities for the Elderly: RCFEs, sometimes referred to as "assisted living facilities," provide housing, care, supervision, and assistance with activities of daily living to individual ages 60 and older, as well as individuals under the age of 60 with compatible needs. RCFEs differ from Skilled Nursing Facilities (SNFs) in that RCFEs are considered a housing alternative, while SNFs are considered a medical facility; however, incidental medical services may be provided in RCFEs under special care plans. RCFE residents require varying levels of care and services, and RCFEs can vary widely in the services offered. Costs can range widely as well; in California, the monthly cost for a one-bedroom single occupancy unit can range from $700 to $10,650, with the median monthly cost at $3,750. As of June 30, 2014, there were 7,474 RCFEs licensed in California, with the capacity to serve 146,955 residents. RCFEs can range in size from six beds to over 100 beds, and are licensed by DSS's Community Care Licensing Division (CCLD). Health and safety concerns in RCFEs: Events in recent years have drawn increased public attention to health and safety issues in RCFEs. A 2013 series by ProPublica and Frontline profiled experiences with Emeritus Corp., an assisted living company based in Seattle that, at the time, ran approximately 500 facilities in 45 states. The series chronicled persistent understaffing, substandard care, and a lack of required assessments. Another example drawing significant media and public attention was an incident occurring in Castro Valley: there, in October of 2013, after DSS began license revocation proceedings for the Valley Springs Manor RCFE, 19 seniors in need of care were abandoned by the licensee and all staff, save two. Those two service staff stayed on over the weekend to provide care for the residents until, eventually, sheriff's deputies and paramedics sent the residents to local hospitals. A news article documenting AB 601 Page 6 the events at the Castro Valley facility stated that, "?records showed the owners of the facility had a disastrous history running both nursing homes and other RCFEs over the past several years, including facilities in Modesto, Oakland and Castro Valley." Need for this bill: The author states that, "Currently, if consumers want detailed information about an RCFE, they must drive to one of the 13 regional or district offices located throughout the state. Having to drive to obtain public information is not in the best interest of consumers because they may live hours away from a regional or district office or may not be able to drive at all. Additionally, complex ownership structures of RCFEs can lead a consumer to unknowingly transfer their loved one from one troubled facility to another without knowing the facilities are part of the same chain. [This bill] will increase accountability and transparency of RCFE licensees, as well as make facility information more accessible to the public so consumers can make more informed decisions when choosing a facility for a loved one." Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: AB 601 Page 7