BILL ANALYSIS
AB 762
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 762 (Lowenthal) - As Amended: April 13, 2009
Policy Committee: Aging & LTC
Vote:6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies the definition of "bedridden" with regard to
residential care for the elderly (RCFE) admission and retention
criteria. Specifically, this bill eliminates an inability to
transfer to and from bed as part of the definition to help
distinguish between "bedridden" and "non-ambulatory" individuals
who require distinct fire clearance from local authorities.
FISCAL EFFECT
No direct fiscal impact to narrow the definition of bedridden
for RCFE admission and retention criteria and for the California
Department of Social Services (DSS) and local fire agencies to
continue oversight of bedridden and non-ambulatory residents of
care facilities.
COMMENTS
1)Rationale . This bill is sponsored by the California Assisted
Living Association (CALA) to further clarify laws related to
fire clearance for residents who have difficulty moving in and
out of bed, which causes major risk if fire strikes. Under
current law, health and safety codes address numerous aspects
of residential fire safety for dependent children, disabled
adults, and the elderly. According to the author and sponsor,
this bill will help RCFE residents maintain some level of
independence for as long as possible and reduce admissions to
higher levels of care. RCFEs that serve bedridden individuals
meet strict requirements for the health and safety of their
residents.
2)Residential Care . RCFE generally serve clients 60 years of age
and older who are unable to live by themselves, but who do not
require 24-hour nursing care. RCFE, also known as assisted
AB 762
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living or board and care facilities, provide residents with
support for activities of daily living, while allowing more
independence than is available in most nursing homes. Services
include room, board, housekeeping, supervision, and assistance
with personal hygiene, dressing, and eating. There are
approximately 7,000 RCFE statewide licensed by DSS, serving
more than 150,000 residents. The average monthly cost in
California is $3,500. Monthly charges range from $900 to
$6,000 monthly. Medi-Cal generally does not pay for RCFE.
3)Related Legislation . SB 1896 (Ortiz), Chapter 817, Statutes of
2000, established the bedridden definition modified in AB 762.
The legislation did not distinguish between permanently
bedridden and non-ambulatory residents. AB 762 makes this
distinction to accommodate circumstances of elderly adults to
allow them to remain in RCFE. .
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081