BILL ANALYSIS
AB 762
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 762 (Bonnie Lowenthal)
As Amended August 27, 2009
Majority vote
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|ASSEMBLY: |78-0 |(June 1, 2009) |SENATE: |33-0 |(September 1, |
| | | | | |2009) |
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Original Committee Reference: AGING & L.T.C.
SUMMARY : Clarifies the appropriate fire safety standards for
individuals in residential care facilities.
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.
The Senate amendments expand the clarification to include
facilities for individuals with chronic, life-threatening
illnesses, foster family homes, and other residential care
facilities licensed by the Community Care Licensing Division of
the Department of Social Services (DSS).
AS PASSED BY THE ASSEMBLY , this bill clarified the appropriate
fire clearance and safety requirements for nonambulatory
residents of residential care facilities for the elderly.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Residential care facilities 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 are
licensed by the Community Care Licensing Division of DSS to
provide care and assistance to older adults, foster children,
individuals with chronic and life threatening conditions, and
adults and children with disabilities in areas such as
medication management, food service, bathing, and grooming -
AB 762
Page 2
they do not provide skilled nursing care. For many residents,
the care and support provided by the facility is enough to keep
the individual from needing skilled nursing care.
Prior to 2001, individuals who required assistance repositioning
in bed (permanently bedridden) were prohibited in residential
care facilities. 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 a residential facilities and grouped
both categories (permanently bedridden and non-ambulatory) under
one definition of "bedridden". Facilities 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 facility 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:
0002742