BILL NUMBER: AB 1142 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Chesbro
(Coauthors: Assembly Members Halderman and Bonnie Lowenthal)
( Coauthor: Senator Leno
)
FEBRUARY 18, 2011
An act to amend Section 1569.884 of, and 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 amended, 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. Existing law requires the
admission agreement for a residential care facility for the elderly
to contain specified elements. 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 would prohibit the facility from
assessing fees for the residential living unit of a deceased resident
once it is vacated and all personal property
of the deceased is removed. This bill would require an
admission agreement to include a clear explanation of this
prohibition. This bill would limit the liability for the payment of
these fees that are not prohibited to prescribed individuals and
entities. This bill would also require for a recipient receiving
SSI/SSP, that a residential care facility for the elderly meet the
requirements for the SSI/SSP program in assessing these fees, as
prescribed by law.
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) A residential care facility
for the elderly shall not do either of the following:
(a)
(1) Assess personal care fees upon notice of
the death of a resident.
(b)
(2) Assess fees for the residential living
unit of a deceased resident once the unit is vacated and all
personal property is resident once all personal
property belonging to the deceased is removed.
(b) Liability for the payment of either a personal care fee or a
fee for the residential living unit not prohibited by subdivision (a)
is limited to the individual, individuals, or entity contractually
responsible for the payment of monthly fees for the resident.
(c) For a recipient receiving SSI/SSP, the residential care
facility for the elderly shall meet the requirements for the SSI/SSP
program in assessing personal care fees or fees for the residential
living unit, as prescribed by law.
SEC. 2. Section 1569.884 of the Health
and Safety Code is amended to read:
1569.884. The admission agreement shall include all of the
following:
(a) A comprehensive description of any items and services provided
under a single fee, such as a monthly fee for room, board, and other
items and services.
(b) A comprehensive description of, and the fee schedule for, all
items and services not included in a single fee. In addition, the
agreement shall indicate that the resident shall receive a monthly
statement itemizing all separate charges incurred by the resident.
(c) A facility may assess a separate charge for an item or service
only if that separate charge is authorized by the admission
agreement. If additional services are available through the facility
to be purchased by the resident that were not available at the time
the admission agreement was signed, a list of these services and
charges shall be provided to the resident or the resident's
representative. A statement acknowledging the acceptance or refusal
to purchase the additional services shall be signed and dated by the
resident or the resident's representative and attached to the
admission agreement.
(d) An explanation of the use of third-party services within the
facility that are related to the resident's service plan, including,
but not limited to, ancillary, health, and medical services, how they
may be arranged, accessed, and monitored, any restrictions on
third-party services, and who is financially responsible for the
third-party services.
(e) A comprehensive description of billing and payment policies
and procedures.
(f) The conditions under which rates may be increased pursuant to
Section 1569.655.
(g) The facility's policy concerning family visits and other
communication with residents, pursuant to Section 1569.313.
(h) The facility's policy concerning refunds.
(i) Conditions under which the agreement may be terminated.
(j) An explanation of the facility's responsibility to prepare a
relocation evaluation, for each resident and a closure plan and to
provide notice in the case of an eviction pursuant to Section
1569.682.
(k) A clear explanation that the facility shall not assess
personal care fees upon notice of the death of a resident and shall
not assess fees for the residential living unit once all personal
property belonging to the deceased is removed pursuant to Section
1569.652.
SEC. 2. SEC. 3. 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.