BILL ANALYSIS
AB 762
Page 1
ASSEMBLY THIRD READING
AB 762 (Bonnie Lowenthal)
As Amended May 28, 2009
Majority vote
AGING 6-0 APPROPRIATIONS 16-0
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|Ayes:|Bonnie Lowenthal, Hagman, |Ayes:|De Leon, Nielsen, |
| |Nestande, V. Manuel | |Ammiano, |
| |Perez, Torres, Yamada | |Charles Calderon, |
| | | |Krekorian, Duvall, |
| | | |Fuentes, Monning, Harkey, |
| | | |Miller, John A. Perez, |
| | | |Price, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
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SUMMARY : Clarifies the appropriate fire safety standards for
bedridden residents of residential care facilities for the
elderly (RCFEs). Specifically, this bill :
1)Specifies that residents who are unable to independently
transfer to and from bed, but who do not need assistance
turning and repositioning in bed shall be considered
nonambulatory for determining the appropriate fire safety
requirements.
2)Makes minor, technical changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct fiscal impact to narrow the definition of
"bedridden" for RCFE admission and retention criteria and for
DSS and local fire agencies to continue oversight of bedridden
and non-ambulatory residents of care facilities.
COMMENTS : RCFEs offer assisted living services in both large
and small settings and can range in size from six beds or less
to over 100 beds. These facilities provide care and assistance
to older adults and adults with disabilities in areas such as
medication management, food service, bathing, and grooming -
they do not provide skilled nursing care. For many residents,
the care and support provided by the RCFE is enough to keep the
individual from needing nursing home care. This bill does not
AB 762
Page 2
expand RCFE services to include skilled nursing care.
Prior to 2001, individuals who required assistance repositioning
in bed (permanently bedridden) were prohibited in RCFEs.
Residents who needed assistance in transferring in and out of
bed, but could then move around the facility independently were
allowed, but required a "nonambulatory" fire clearance.
However, SB 1896 (Ortiz), Chapter 817, Statutes of 2000, changed
the definition of "bedridden" and allowed permanently bedridden
individuals to reside in an RCFE and grouped both categories
(permanently bedridden and non-ambulatory) under one definition
of "bedridden". RCFEs that admit a "bedridden" individual,
whether the resident is only in need of assistance in
transferring or unable to reposition in bed, must have a
"bedridden" fire clearance.
The existing definition of "bedridden" covers not only those who
are truly bedridden and confined to bed and unable to
reposition, but also residents who need help in and out of bed
but are then able to move around the community with the use of a
walker or wheelchair and residents with dementia since they
might need verbal reminders to get out of bed, but can then walk
without assistance. Proponents argue that the broad definition
of "bedridden" can result in the unnecessary transfer of
residents to more expensive institutional care when they could
easily remain at the RCFE with minimal assistance. This bill
will maintain the broad definition, but provide guidance to fire
marshals and regulators regarding the appropriate fire clearance
and safety requirements for nonambulatory residents.
Analysis Prepared by : Allison Ruff / AGING & L.T.C. / (916)
319-3990
FN: 0001020