BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: AB 304
A
AUTHOR: Huff
B
VERSION: May 3, 2007
HEARING DATE: June 12, 2007
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FISCAL: To the Floor
0
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CONSULTANT:
Hargrove
SUBJECT
Community care facilities and residential care facilities
for the elderly:
disaster and mass casualty plans
SUMMARY
Requires licensed community care facilities and residential
care facilities for the elderly to provide a copy of their
disaster and mass casualty plan to fire, police, civil
defense and disaster authorities in the area upon request.
ABSTRACT
Current law
1)Provides for the licensure and regulation of community
care facilities and residential care facilities for the
elderly, as defined, and provides for criminal sanctions
for a violation of those provisions.
2)Requires any person desiring issuance of a license for a
community care facility and residential care facilities
for the elderly, or a special permit for specialized
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STAFF ANALYSIS OF ASSEMBLY BILL 304 (Huff) Page
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services to file an application with the State Department
of Social Services (DSS).
3)Authorizes DSS to adopt rules and regulations to carry
out the purposes and intent of the Community Care
Facilities Act and to enable DSS to exercise the powers
and perform the duties conferred upon it.
4)Requires, by regulation, every licensee under the Act to
maintain on file a current, written disaster and mass
casualty plan of action, with specified elements.
This bill
1)Requires that community care facilities and residential
care facilities for the elderly which are licensed or
have a special permit for specialized services provide a
copy of their disaster and mass casualty plan to the fire
department, law enforcement agencies, and civil defense
and other disaster authorities in the area in which the
facility is located upon request by the entity.
2)Provides that the provision setting forth criminal
penalties for violating rules or regulations promulgated
under the Community Care Facilities Act not apply to this
bill.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
This bill mandates that community care facilities and
residential care facilities for the elderly provide their
disaster and mass casualty plan of action to local entities
or authorities responsible for providing emergency
services, upon request. According to the author, "Without
such information, local emergency response teams have a
more difficult time planning for disaster if such should
occur, since they have no information on these facilities,
their residents, and what type of care the residents may
need in case of disaster."
STAFF ANALYSIS OF ASSEMBLY BILL 304 (Huff) Page
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Community care facilities include those for children as
well as adults: child care homes and centers, foster homes
and group homes, transitional housing placement programs,
social rehabilitation facilities and residential care
facilities for the elderly and the chronically ill. As of
February 1, 2007, there were more than 88,000 licensed
facilities with a capacity to serve more than 1.4 million
persons.
The Department of Social Services, through its Community
Care Licensing Division, regulates these facilities
pursuant to the California Community Care Licensing Act.
Section 800023 of Title 22 of the California Code of
Regulations requires community care licensees to "have and
maintain on file a current, written disaster and mass
casualty plan of action." The plan must include
contingency plans in the case of fires, floods and
earthquakes, including means of exiting, transportation
arrangements, relocation sites, arrangements for
supervision of clients and means of contacting local
agencies, "including but not limited to the fire
department, law enforcement agencies, and civil defense and
other disaster authorities."
Assembly votes :
Floor 74 - 0
Human Services Committee: 7 - 0
POSITIONS
Support: Aging Services of California
California Assisted Living Association
California Child Development Administrators
Association
City of Diamond Bar
City of Villa Park
Community Residential Care Association of
California
Oppose: None received.
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