BILL NUMBER: AB 1142	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro
   (Coauthors: Assembly Members Halderman and Bonnie Lowenthal)

                        FEBRUARY 18, 2011

   An act to add Section 1569.652 to the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1142, as introduced, Chesbro. Residential care facilities for
the elderly.
   Existing law provides for the licensure and regulation of
residential care facilities for the elderly, as defined, by the State
Department of Social Services. Under existing law, a violation of
these provisions is punishable as a misdemeanor.
   This bill would prohibit a residential care facility for the
elderly from assessing personal care fees upon notice of the death of
a resident, and prohibit the facility from assessing fees for the
residential living unit of a deceased resident once it is vacated and
all personal property is removed.
   By expanding the definition of a crime, this bill would result in
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1569.652 is added to the Health and Safety
Code, to read:
   1569.652.  A residential care facility for the elderly shall not
do either of the following:
   (a) Assess personal care fees upon notice of the death of a
resident.
   (b) Assess fees for the residential living unit of a deceased
resident once the unit is vacated and all personal property is
removed.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.