BILL ANALYSIS �
AB 2066
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Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2066 (Monning) - As Amended: April 17, 2012
Policy Committee: Human
ServicesVote:6 - 0
Aging and Long Term Care 6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill modifies the procedures to be followed in the event of
a revocation of a license to operate a residential care facility
for the elderly (RCFE). Specifically, this bill:
1)Requires the Department of Social Services (DSS) to do the
following to protect the residents in the event of a
determination to revoke an RCFE license:
a) Make every effort to minimize trauma for residents.
b) Contact any local agency that may have placement or
advocacy responsibility for the residents of an RCFE after
the decision is made and work with these agencies to locate
alternative placement sites and to contact responsible
relatives.
c) Use appropriate medical personnel to provide onsite
evaluation of the residents and assist in their transfer.
2)Authorizes DSS to require the licensee to prepare and submit a
written plan for relocation and compliance with the terms and
conditions of the approved plans, and to provide other
information as necessary related to the revocation
requirements.
3)Requires the licensee to provide a 60-day notice of closure to
each resident and his or her responsible person within 24
hours of receipt of the notice of revocation from DSS.
AB 2066
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4)Authorizes DSS to amend the effective date in the revocation
order and to pursue other available remedies necessary to
protect the health and safety of residents.
FISCAL EFFECT
Costs associated with this legislation would be minor and
absorbable within existing resources.
COMMENTS
1)Purpose . This bill serves as clean up legislation to AB 313
(Monning), Chapter 365, Statutes of 2011. AB 313 added
license revocations to the statute requiring that, prior to
surrendering its license or otherwise transferring residents
to another facility or independent living arrangement, an RCFE
licensee provide residents with written notice no later than
60 days prior to the eviction. The author notes that while a
60-day notice of closure is appropriate in a voluntary
forfeiture situation, it is not always appropriate when a
license has been revoked.
AB 2066 creates a separate set of closure requirements for a
facility that has had its license revoked, thus allowing DSS
to close the facility in less than 60 days if necessary for
the health and safety of the residents. It also establishes a
procedure whereby DSS can allow a licensee to transfer
day-to-day responsibility for a facility to a non-family
member in order to oversee its closing and the relocation of
residents.
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
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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