BILL NUMBER: AB 1108	CHAPTERED  09/16/99

	CHAPTER   410
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JUNE 30, 1999

INTRODUCED BY   Committee on Human Services (Aroner (Chair), Ashburn
(Vice Chair), Ducheny, and Strom-Martin)

                        FEBRUARY 25, 1999

   An act to add Section 1507.3 to the Health and Safety Code,
relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, Committee on Human Services.   Adult residential care
facility:  hospice care.
   Existing law provides for the licensure and regulation of
community care facilities, including residential facilities, by the
State Department of Social Services.
   Existing law defines a residential facility as a family home,
group care facility, or similar facility determined by the director,
for 24-hour nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
   This bill would authorize a residential facility that provides
care to adults to obtain a waiver from the department to allow a
resident who has been diagnosed as terminally ill by his or her
physician or surgeon to remain in the facility when certain
conditions exist.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1507.3 is added to the Health and Safety Code,
to read:
   1507.3.  (a) A residential facility that provides care to adults
may obtain a waiver from the department for the purpose of allowing a
resident who has been diagnosed as terminally ill by his or her
physician or surgeon to remain in the facility when all of the
following conditions are met:
   (1) The facility agrees to retain the terminally ill resident and
to seek a waiver on behalf of the individual, provided the individual
has requested the waiver and is capable of deciding to obtain
hospice services.
   (2) The terminally ill resident has obtained the services of a
hospice certified in accordance with federal medicare conditions of
participation and licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
   (3) The facility, in the judgment of the department, has the
ability to provide care and supervision appropriate to meet the needs
of the terminally ill resident, and is in substantial compliance
with regulations governing the operation of residential facilities
that provide care to adults.
   (4) The hospice has agreed to design and provide for care,
services, and necessary medical intervention related to the terminal
illness as necessary to supplement the care and supervision provided
by the facility.
   (5) An agreement has been executed between the facility and the
hospice regarding the care plan for the resident.  The care plan
shall designate the primary caregiver, identify other caregivers, and
outline the tasks the facility is responsible for performing and the
approximate frequency with which they shall be performed.  The care
plan shall specifically limit the facility's role for care and
supervision to those tasks authorized for a residential facility
under this chapter.
   (6) The facility has obtained the agreement of those residents who
share the same room with the terminally ill resident to allow the
hospice caregivers into their residence.
   (b) At any time that the licensed hospice, the facility, or the
terminally ill resident determines that the resident's condition has
changed so that continued residence in the facility will pose a
threat to the health and safety to the terminally ill resident or any
other resident, the facility may initiate procedures for a transfer.

   (c) Nothing in this section is intended to expand the scope of
care and supervision for a residential facility, as defined in this
chapter, that provides care to adults nor shall a facility be
required to alter or extend its license in order to retain a
terminally ill resident as authorized by this section.
   (d) Nothing in this section shall require any care or supervision
to be provided by the residential facility beyond that which is
permitted in this chapter.
   (e) Nothing in this section is intended to expand the scope of
life care contracts or the contractual obligation of continuing care
retirement communities as defined in Section 1771.
   (f) The department shall not be responsible for the evaluation of
medical services provided to the resident by the hospice and shall
have no liability for the independent acts of the hospice.
   (g) The department, in consultation with the State Fire Marshal,
shall develop and expedite implementation of regulations related to
residents who have been diagnosed as terminally ill who remain in the
facility and who are nonambulatory that ensure resident safety but
also provide flexibility to allow residents to remain in the least
restrictive environment.
   (h) Nothing in this section shall be construed to relieve a
licensed residential facility that provides care to adults of its
responsibility, for purposes of allowing a resident who has been
diagnosed as terminally ill to remain in the facility, to do both of
the following:
   (1) With regard to any resident who is bedridden, as defined in
subdivision (b) of Section 1569.72, to, within 48 hours of the
resident's retention in the facility, notify the local fire authority
with jurisdiction in the bedridden resident's location of the
estimated length of time the resident will retain his or her
bedridden status in the facility.
   (2) Secure a fire clearance approval from the city or county fire
department, fire district, or any other local agency providing fire
protection services, or the State Fire Marshal, whichever has primary
fire protection jurisdiction.