BILL ANALYSIS �
AB 1142
Page 1
Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1142 (Chesbro) - As Amended: April 14, 2011
Policy Committee: Human
ServicesVote:6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits residential care facilities for the elderly
(RCFEs) from charging specific fees for people who are deceased.
Specifically, this bill:
1)Prohibits an RCFE from charging personal care fees upon notice
of the death of a resident.
2)Prohibits RCFEs from assessing fees for a residential living
unit of a deceased resident once all of the personal property
belong to the former resident is removed.
3)Requires that admissions agreement for the RCFE include a
clear explanation of the fact that the RCFE is prohibited from
charging the above mentioned fees.
FISCAL EFFECT
Workload associated with this legislation would be minor and
absorbable within the Department of Social Services' resources.
COMMENTS
1)Rationale . This bill is intended to clarify that families
cannot be charged fees for personal care services or a
residential living unit once a resident is deceased. In
addition, this bill requires that these prohibitions be
included in the admissions agreement for RCFEs.
The author contends that this bill strengthens admission
agreements for residents of licensed RCFEs by clarifying the
AB 1142
Page 2
policy regarding contract termination when a resident has
passed away. Currently, regulations allow for admission
agreements to include a 30-day cancellation notice even in
cases where a resident has passed away. While this appears to
be an uncommon practice, the policy needs to be clarified to
eliminate confusion or distress for residents and their
families. This bill ensures that all fees for resident care
end immediately once the community is notified of a resident's
death and fees for the residential living unit are no longer
charged after a deceased resident's personal property has been
removed.
2)Background . RCFEs serve persons 60 and older. They provide
room, board, housekeeping, supervision, and assistance with
basic activities like personal hygiene, dressing, eating, and
walking. These facilities often store their residents'
medication in a central location and assist the residents with
self-administering their medication.
These facilities are designed for people who are unable to
live by themselves but who do not need 24-hour nursing care.
They are considered non-medical facilities and are not
required to have nurses, certified nursing assistants or
doctors on staff.
The Department of Social Services Community Care Licensing
Division is responsible for licensing and monitoring all RCFEs
in the state. According to recent data, there are
approximately 7,800 RCFEs throughout the state, housing
165,000 residents.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081