BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 313|
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THIRD READING
Bill No: AB 313
Author: Monning (D)
Amended: 6/28/11 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 7-0, 6/14/11
AYES: Liu, Emmerson, Berryhill, Hancock, Strickland,
Wright, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 60-0, 4/14/11 - See last page for vote
SUBJECT : Residential care facilities for the elderly
SOURCE : Author
DIGEST : This bill requires each residential care
facility for the elderly to provide residents, their
responsible party, and the local long-term care ombudsman
with a written notice when the Department of Social
Services commences proceedings to suspend or revoke its
license, or a criminal action relating to health or safety
of the residents is brought against the facility, and makes
other changes related to these actions.
ANALYSIS :
Existing Law :
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1. Under the Residential Care Facilities for the Elderly
Act, provides for the licensure of residential care
facilities for the elderly (RCFEs) by the Department of
Social Services (DSS), Community Care Licensing Division
(CCLD).
2. Provides for a state long-term care ombudsman (LTC
Ombudsman) office (including approved organizations)
within the Department of Aging to investigate and seek
to resolve complaints and concerns communicated by, or
on behalf of, patients, residents, or clients of any
long-term care facility.
3. Authorizes DSS to take enforcement action, including,
but not limited to, actions to suspend, temporarily
suspend, or revoke a license and to impose civil
penalties for violations of rules and regulations
established under licensing provisions governing RCFEs.
4. Requires DSS to notify placement agencies and the Office
of the State Long-Term Care Ombudsman when DSS
substantiates that a violation has occurred that poses a
serious threat to the health and safety of any resident
when the violation results in the assessment of a
penalty or filing of an accusation for revocation of the
license.
5. Requires that, prior to surrendering its license or
otherwise transferring residents to another facility or
independent living arrangement, the RCFE licensee
provide residents or their responsible person with
written notice no later than 60 days prior to the
eviction, and provide relocation assistance.
6. Requires an RCFE to place, in a conspicuous place,
copies of all DSS licensing reports issued in the
preceding 12 months, and all licensing reports resulting
from the most recent annual visit, excluding any
reference to a complaint found by DSS to be unfounded or
unsubstantiated.
7. Requires written notice to a resident's responsible
person at the time of admission that licensing reports
are available for review at the facility, and those
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copies of licensing reports and other documents
pertaining to the facility are available from the
appropriate DSS district office.
This bill :
1. Requires a licensed RCFE to provide written notice to
residents, the resident's responsible party, if any, and
the local LTC Ombudsman within 10 days of the occurrence
of either of the following:
A. DSS commences proceedings to suspend or revoke
the license of the facility.
B. A criminal action that relates to the health or
safety of residents is brought against the
facility.
2. Requires that the required notice to the resident and
resident's responsible party include the name and
contact information for the local LTC Ombudsman and for
the DSS CCLD, with a statement directing the resident or
the resident's responsible party to contact the CCLD for
information on the license status of the facility.
Requires the notice to also include the reason for the
initiation of suspension or revocation proceedings, or
the criminal action.
3. Requires the RCFE to post a written notice in a
conspicuous location in the facility that includes all
of the following:
A. The date of the notice.
B. The name of the RCFE.
C. A statement that a copy of the most recent
licensing report prepared by DSS, and any
additional reports of facility evaluation visits
within the preceding 12 months may be obtained at
the facility.
D. The name and phone number of the contact person
designated by the DSS CCLD to provide information
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on the license status of the facility.
4. Requires that the notice remain posted until the
deficiencies giving rise to the notice are resolved.
5. Provides that any civil penalty levied by DSS for
violation of the notice provisions of this bill be in
addition to any civil penalty levied for the underlying
violation giving rise to the notice requirement.
6. Defines "responsible party" as an individual, including
the resident's relative, health care surrogate decision
maker, or a placement agency, which assists the resident
in placement or assumes varying degrees of
responsibility for the well-being of the resident, as
designated by the resident in writing.
Background
RCFEs . RCFEs are licensed assisted living facilities for
persons 60 years of age and over and persons under 60 with
compatible needs. Varying levels of care and supervision,
protective supervision, or personal care are provided,
based upon residents' needs. As of February 2011, there
were 7,668 licensed RCFEs in the state with a total
capacity of 170,376 residents. According to DSS,
approximately 80 percent of RCFEs are licensed for six or
fewer residents; the remaining RCFEs have an average
licensed capacity of approximately 60 residents. In the
last few years, several bills have been enacted and
attempted to provide greater notice and transition for RCFE
residents, when a facility is no longer able to provide
services.
Chanticleer Home . In the case of Chanticleer Home,
residents' representatives received a letter dated April
30, 2010, stating that DSS began legal action against the
facility on April 23, 2009. The letter explained that DSS
"has now received the Decision and Order that revokes the
license" for the RCFE, and that "�t]he closure will be
effective on May 14, 2010"-only two weeks following the
date of the letter to the RCFE resident representatives.
The representatives were advised to contact the local LTC
Ombudsman for support and information about other RCFEs,
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and were also directed to a facility search web site.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/27/11)
AARP
Advocacy, Inc.
Aging Services of California
Alzheimer's Association
Bet Tzedek Legal Services
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
California Assisted Living Association
California Commission on Aging
California Communities United Institute
California Long-Term Care Ombudsman Association
City of Santa Cruz
County of Santa Cruz
County Welfare Directors Association of CA
National Association of Social Workers - CA
Ombudsman Services of Northern California
Professional Fiduciary Association of California
The Arc of California
United Cerebral Palsy in California
ARGUMENTS IN SUPPORT : In support of this bill,
California Advocates for Nursing Home Reform (CANHR) writes
that despite their special needs, RCFE residents have few
legal protections to ensure they are notified when their
facility is in danger of losing its license and shutting
down. CANHR states that this bill will substantially
reduce the harm that threatens RCFE residents when they are
abruptly forced to move due to the unanticipated closure of
their facility. Advocacy, Inc., the nonprofit organization
operating the LTC Ombudsman program for Santa Cruz and San
Benito Counties, states that this bill will prevent the
anxiety, trauma and stress Chanticleer residents and
families experienced and offer an opportunity for residents
and families to positively interact with facility
administrations to affect needed changes within vulnerable
facilities. AARP writes that it is important for residents
and their families to know of circumstances that may be
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relevant to their continued stay at the facility.
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Gatto, Gordon,
Halderman, Hall, Hayashi, Hill, Huber, Hueso, Huffman,
Jeffries, Lara, Bonnie Lowenthal, Ma, Mansoor, Miller,
Mitchell, Monning, Nestande, Nielsen, Norby, Pan, Perea,
V. Manuel P�rez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Butler, Conway, Donnelly,
Galgiani, Garrick, Gorell, Grove, Hagman, Harkey, Roger
Hern�ndez, Jones, Knight, Logue, Mendoza, Morrell, Olsen,
Wagner, Williams, Vacancy
CTW:do 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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