BILL NUMBER: AB 762	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 26, 2009

   An act to amend Section 1569.72 of the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 762, as introduced, Bonnie Lowenthal. Residential care
facilities for the elderly: admission.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensing and regulation of residential
care facilities for the elderly by the State Department of Social
Services. Under existing law, with certain exceptions, residential
care facilities for the elderly are prohibited from admitting or
retaining, other than for a maximum of 14 days for temporary illness
or for recovery from surgery, a bedridden resident. A resident who is
bedridden may be admitted to and remain in the facility if the
facility secures and maintains fire clearance and obtains
departmental approval. Existing law defines "bedridden" for this
purpose as a resident who requires assistance in turning and
repositioning in bed, or who is unable to independently transfer to
and from bed, except in facilities with appropriate and sufficient
care staff, mechanical devices if necessary, and safety precautions,
as determined by the Director of Social Services in regulations.
   This bill would redefine "bedridden" to mean a resident who
requires assistance in turning and repositioning in bed.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1569.72 of the Health and Safety Code is
amended to read:
   1569.72.  (a) Except as otherwise provided in subdivision (d), no
resident shall be admitted or retained in a residential care facility
for the elderly if any of the following apply:
   (1) The resident requires 24-hour, skilled nursing or intermediate
care.
   (2) The resident is bedridden, other than for a temporary illness
or for recovery from surgery.
   (b) (1) For the purposes of this section, "bedridden" means
 either  requiring assistance in turning and
repositioning in bed  , or being unable to independently
transfer to and from bed, except in facilities with appropriate and
sufficient care staff, mechanical devices if necessary, and safety
precautions, as determined by the director in regulations  .

   (2) The determination of the bedridden status of persons with
developmental disabilities shall be made by the Director of Social
Services or his or her designated representative, in consultation
with the Director of Developmental Services or his or her designated
representative, after consulting the resident's individual safety
plan. The determination of the bedridden status of all other persons
with disabilities who are not developmentally disabled shall be made
by the Director of Social Services, or his or her designated
representative.
   (c) Notwithstanding paragraph (2) of subdivision (a), bedridden
persons may be admitted to, and remain in, residential care
facilities for the elderly that secure and maintain an appropriate
fire clearance. A fire clearance shall be issued to a facility in
which a bedridden person resides if either of the following
conditions are met:
   (1) The fire safety requirements are met.
   (2) Alternative methods of protection are approved.
   (d) (1) For purposes of this section, "temporary illness" means
any illness which persists for 14 days or less.
   (e) A bedridden resident may be retained in a residential care
facility for the elderly in excess of 14 days if all of the following
requirements are satisfied:
   (1) The facility notifies the department in writing regarding the
temporary illness or recovery from surgery.
   (2) The facility submits to the department, with the notification,
a physician and surgeon's written statement to the effect that the
resident's illness or recovery is of a temporary nature. The
statement shall contain an estimated date upon which the illness or
recovery will end or upon which the resident will no longer be
confined to a bed.
   (3) The department determines that the health and safety of the
resident is adequately protected in that facility and that transfer
to a higher level of care is not necessary.
   (4) This section does not expand the scope of care and supervision
of a residential care facility for the elderly.
   (f) Notwithstanding the length of stay of a bedridden resident,
every facility admitting or retaining a bedridden resident, as
defined in this section, shall, within 48 hours of the resident's
admission or 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.
   (g) Nothing in this section shall be used for purposes of Section
1569.70 to determine the appropriateness of residents being admitted
or retained in a residential care facility for the elderly on the
basis of health related conditions and the need for these services
until the three levels of care set forth in Section 1569.70 are fully
implemented. This section shall not prohibit the Community Care
Licensing Division of the State Department of Social Services from
continuing to implement the regulations of Article 8 (commencing with
Section 87700) of Chapter 8 of Division 6 of Title 22 of the
California Code of Regulations, as promulgated and approved on
February 13, 1990.
   (h) (1) The department and the Office of the State Fire Marshal,
in consultation with the State Department of Developmental Services,
shall each promulgate regulations that meet all of the following
conditions:
   (A) Are consistent with subdivisions (a) to (f), inclusive.
   (B) Are applicable to facilities regulated under this chapter,
consistent with the regulatory requirements of the California
Building Standards Code for fire and life safety for the respective
occupancy classifications into which the State Department of Social
Services' community care licensing classifications fall.
   (C) Permit residents to remain in home-like settings.
   (2) At a minimum, these regulations shall do both of the following
with regard to a residential care facility that provides care for
six or fewer residents, at least one of whom is bedridden:
   (A) Clarify the fire and life safety requirements for a fire
clearance for the facility.
   (B) (i) Identify procedures for requesting the approval of
alternative means of providing equivalent levels of fire and life
safety protection.
   (ii) Either the facility, the resident or resident's
representative, or local fire official may request from the Office of
the State Fire Marshal a written opinion concerning the
interpretation of the regulations promulgated by the State Fire
Marshal pursuant to this section for a particular factual dispute.
The State Fire Marshall shall issue the written opinion within 45
days following the request.
   (i) For facilities that care for six or fewer clients, a local
fire official may not impose fire safety requirements stricter than
the fire safety regulations promulgated for the particular type of
facility by the Office of the State Fire Marshal or the local fire
safety requirements imposed on any other single family dwelling,
whichever is more strict.
   (j) This section and any regulations promulgated thereunder shall
be interpreted in a manner that provides flexibility to allow
bedridden persons to avoid institutionalization and be admitted to,
and safely remain in, community-based residential care facilities.