BILL ANALYSIS �
AB 2044
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2044 (Rodriguez) - As Amended: April 21, 2014
Policy Committee: Human
ServicesVote:6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill places additional staffing and health and safety
requirements on a residential care facility for the elderly
(RCFE). Specifically, this bill:
1)Requires at least one administrator, facility manager, or
other person designated by the administrator who is at least
21 years of age to be on the premises of a RCFE at all times.
2)Clarifies the requirement that RCFEs employ sufficient staff
to meet the needs of its residents as provided in their
service agreements and to ensure the health, safety, comfort,
and supervision of residents.
3)Requires at least one staff member with CPR and first aid
training is on duty at all times.
4)Clarifies that RCFEs must be clean, safe, sanitary, and in
good repair at all times for the safety and well-being of
residents, staff, and visitors.
FISCAL EFFECT
1)Minor and absorbable costs to the Department of Social
Services to modify their training regulations.
2)Unknown costs to facility owners or licensees to meet the
increased health and safety requirements and ensure adequate
staffing levels.
COMMENTS
AB 2044
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1)Purpose . This measure seeks to increase the skill set and
personnel requirements for RCFEs by requiring at least one
staff person who is at least 21 years of age be on the
premises at all times and that he or she is certified in CPR
and first aid. It also provides additional clarification as
to the duties and roles of staff in providing for the health
and safety of residents.
2)Background . RCFEs, commonly referred to as assisted living
facilities, are licensed retirement residential homes and
board and care homes that provide personal care and
supervision or health related services to persons who are 60
years of age and over, who voluntarily choose to reside in the
facility. RCFEs enable older persons to live independently in
a home-like environment rather than in nursing home or other
institutionalized facility. Services include personal care
and protective supervision, including incidental medical
services, based upon resident needs.
There are 7,589 licensed RCFEs in California with a capacity
to serve over 176,000 residents. Licensed by DSS' Community
Care Licensing Division (CCLD), RCFEs range in size from
residential homes with six or fewer beds to formal residential
facilities with 100 beds or more.
3)Staff requirements . Current law requires an administrator
designated by the licensee to be present at the facility
during normal working hours. An administrator may appoint a
facility manager who would serve in his or her place when the
administrator is not on the premises of the RCFE. It also
permits the licensee, administrator and facility manager to be
the same person. It does not require a staff person serving
as a facility manager to have any additional training or
necessary skill set, yet it expects this person to have the
"authority and responsibility necessary to manage and control
the day-to-day operation of a residential care facility for
the elderly and supervise the clients." In practice, a
facility manager is more often appointed in larger facilities
that have the need of a staff person to serve in a
supervisorial role during graveyard shifts.
At a minimum, staff "who assist residents with personal
activities of daily living" are required to be at least 18
years of age and undergo 10 hours of training initially and
AB 2044
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four hours of training each year thereafter. The training is
limited to covering the physical limitations and needs of the
elderly, the importance and techniques for personal care
services, residents' rights, policies and procedures regarding
medications, and the psychosocial needs of the elderly.
4)RCFE Reform Package . In response to a number of highly
publicized events at facilities that have raised questions
about the adequacy of RCFEs and the state's ability to comply
with existing oversight and enforcement requirements, a number
of legislative measures are being pursued to strengthen,
address shortcomings, resolve legal liabilities and gaps in
the provision of services, and ultimately reform the RCFE
industry.
5)Related Legislation .
a) AB 1570 (Chesbro) would increase training requirements
for licensees and staff of RCFEs. This bill is pending on
this committee's Suspense File.
b) SB 911 (Block) would increase the initial and continuing
education training requirements for licensees,
administrators, and direct care staff of RCFEs. In
addition, this bill would prohibit discrimination or
retaliation in any manner against a resident or employee
for calling 911. This bill is pending on the Senate
Appropriations Suspense File.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081