AB 1821, as amended, Gordon. Medical foster homes.
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existingbegin delete law, the California Residential Care Facilities for the Elderly Act,end deletebegin insert lawend insert provides for the licensure of residential care facilities for the elderlybegin insert, community care facilities, and residential care facilities for persons with chronic, life-threatening illnessend insert by the State Department of Social Services. Existing law exempts from these provisions specified facilities, including general acute carebegin delete hospitals, clinics, and recovery houses for individuals with drug or alcohol addictionend deletebegin insert
hospitals and clinicsend insert. Existing law authorizes the California State Auditor, upon the request by the Joint Legislative Audit Committee and to the extent funding is available, to audit a state or local governmental agency, as defined, or any other publicly created entity.
This bill would establish the Medical Foster Home Pilot Program and would, commencing June 1, 2015, and until January 1, 2018, authorize a United States Department of Veterans Affairs (USDVA) facility to establish a medical foster home that is not subject to licensure or regulationbegin delete under the California Residential Care Facilities for the Elderly Actend deletebegin insert as a residential care facility for the elderly, a community care facility, or a residential care facility for persons with chronic, life-threatening
illnessend insert
provided that specified federal requirements are satisfied, the USDVA facility establishing the home agrees to be subject to the jurisdiction of the California State Auditor, and the USDVA obtains criminal background information for caregivers and specified individuals residing in the home. The bill would state the intent of the Legislature that the California State Auditor, through a request to the Joint Legislative Audit Committee, conduct an audit evaluating the pilot program created by this bill no sooner than January 1, 2016, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature to expand into
2California the United States Department of Veterans Affairs
3medical foster home program by authorizing the United States
4Department of Veterans Affairs facilities in the state to establish
5medical foster homes that are exempt from regulation under the
6California Residential Care Facilities for the Elderly Actbegin insert, the
7California Community Care Facilities Act, and end insertbegin insertChapter 3.01
8(commencing with Section 1568.01) of Division 2 of the Health
9and Safety Codeend insert.
Chapter 5 (commencing with Section 1850) is added
11to Division 8 of the Military and Veterans Code, to read:
12
This chapter shall be known and may be cited as the
16Medical Foster Home Pilot Program.
For purposes of this chapter, the following definitions
18shall apply:
P3 1(a) “Medical foster home” has the same meaning as that term
2is defined in Section 17.73 of Title 38 of the Code of Federal
3Regulations.
4(b) “Medical foster home caregiver” means the primary person
5who provides care to a veteran resident in a medical foster home.
6(c) “USDVA facility” means a United States Department of
7Veterans Affairs facility.
8(d) “Veteran resident” has the same meaning as that term is
9defined in Section 17.73 of
Title 38 of the Code of Federal
10
Regulations.
A USDVA facility may establish a medical foster home
12program in this state no sooner than June 1, 2015. A medical foster
13home established pursuant to that program is not subject to
14licensure or regulation under the California Residential Care
15Facilities for the Elderly Act (Chapter 3.2 (commencing with
16Section 1569) of Division 2 of the Health and Safety Code)begin insert, the
17California Community Care Facilities Act (Chapter 3 (commencing
18with Section 1500) of Division 2 of the Health and Safety Code),
19or Chapter 3.01 (commencing with Section 1568.01) of Division
202 of the Health and Safety Codeend insert if all of the following requirements
21are satisfied:
22(a) The medical foster home meets the requirements of Sections
2317.73 and 17.74 of Title 38 of the Code of Federal Regulations.
24(b) The USDVA facility submits a proposal to establish a
25medical foster home program to the Director of Home and
26Community-Based Care in Geriatrics and Extended Care Services
27in the Central Office of the USDVA and that director authorizes
28the program.
29(c) The USDVA facility establishing the foster home agrees to
30be subject to the jurisdiction of the California State Auditor for
31the purpose of evaluating the program created under this chapter.
32Consistent with this agreement, the USDVA facility shall provide
33data, information, and case files as requested by the California
34State Auditor to perform all of his or her duties in evaluating the
35program
created under this chapter.
36(d) The United States Department of Veterans Affairs obtains
37background information as required under Section 1853.
It is the intent of the Legislature that the California State
39Auditor, through a request to the Joint Legislative Audit
40Committee, conduct an audit that assesses and evaluates the pilot
P4 1program created by this chapter no sooner than January 1, 2016.
2It is the intent of the Legislature that the audit be used to do both
3of the following:
4(a) Evaluate the success of the pilot program by confirming that
5the USDVA facilities are meeting their goals and standards.
6(b) Make recommendations to the Legislature regarding the
7continuation of the program, including, but not limited to,
8recommendations regarding changes or reforms needed for
9
improvement of the program.
(a) For each medical foster home established under this
11chapter, the United States Department of Veterans Affairs shall
12submit to the Department of Justice fingerprint images and related
13information required by the Department of Justice of both of the
14following for the purposes of obtaining information as to the
15existence and content of a record of state or federal convictions
16and state or federal arrests and also information as to the existence
17and content of a record of state or federal arrests for which the
18Department of Justice establishes that the individual is free on bail
19or on his or her own recognizance pending trial or appeal:
20(1) Medical foster home caregivers.
21(2) Individuals, other than veteran residents, who are over 18
22years of age and are residing in the medical foster home.
23(b) When received, the Department of Justice shall forward to
24the Federal Bureau of Investigation requests for federal summary
25criminal history information submitted pursuant to this section.
26The Department of Justice shall review the information returned
27from the Federal Bureau of Investigation and shall compile and
28disseminate a response to the United States Department of Veterans
29Affairs.
30(c) The Department of Justice shall provide a state or federal
31level response to the United States Department of Veterans Affairs
32pursuant to subdivision (p) of Section 11105 of the Penal Code.
33(d) The United States Department of Veterans Affairs shall
34request from the Department of Justice subsequent notification
35service, as provided pursuant to Section 11105.2 of the Penal Code,
36for the individuals described in subdivision (a).
37(e) The Department of Justice shall charge a fee sufficient to
38cover the reasonable costs of processing the request described in
39this section.
P5 1(f) This section shall remain in effect until the date that the
2United States Department of Veterans Affairs receives federal
3authority to request criminal background checks of the individuals
4described in this section, or January 1, 2018, whichever date occurs
5first.
This chapter shall remain in effect only until January 1,
72018, and as of that date is repealed, unless a later enacted statute,
8that is enacted before January 1, 2018, deletes or extends that date.
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