BILL ANALYSIS �
AB 2171
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CONCURRENCE IN SENATE AMENDMENTS
AB 2171 (Wieckowski)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |42-23|(May 28, 2014) |SENATE: |34-0 |(August 26, |
| | | | | |2014) |
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Original Committee Reference: AGING & L.T.C.
SUMMARY : Establishes statutory rights for residential care
facilities for the elderly (RCFE) residents, and requires
facilities to post them in a prominent location.
1)To be accorded dignity in their personal relationships with
staff, residents, and other persons.
2)To be granted personal privacy in accommodations, medical
treatment, personal care and assistance, visits,
communications, telephone conversations, use of the Internet,
and meetings of resident and family groups.
3)To confidential treatment of their records and personal
information and to approve their release.
4)To be encouraged and assisted in exercising their rights as
citizens and as residents of the facility. Residents shall be
free from interference, coercion, discrimination, and
retaliation in exercising their rights.
5)To be accorded safe, healthful, and comfortable
accommodations, furnishings, and equipment.
6)To care, supervision, and services that meet their individual
needs and are delivered by staff that are sufficient in
numbers, qualifications, and competency to meet their needs.
7)To be served food of the quality and in the quantity necessary
to meet their nutritional needs.
8)To make choices concerning their daily life in the facility.
9)To fully participate in planning their care, including the
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right to attend and participate in meetings or communications
regarding the care and services and to make informed decisions
and choices.
10)To be free from neglect, financial exploitation, involuntary
seclusion, punishment, humiliation, intimidation, and verbal,
mental, physical, or sexual abuse.
11)To present grievances and recommend changes in policies,
procedures, and services to the staff of the facility, the
facility's management and governing authority, and to any
other person without restraint, coercion, discrimination,
reprisal, or other retaliatory actions. The licensee shall
take prompt actions to respond to residents' grievances.
12)To contact the State Department of Social Services (DSS), the
long-term care ombudsman, or both, regarding grievances
against the licensee.
13)To be fully informed, as evidenced by the resident's written
acknowledgement, prior to or at the time of admission, of all
rules governing residents' conduct and responsibilities.
14)To receive in the admission agreement a comprehensive
description of the method for evaluating residents' service
needs and the fee schedule for the items and services
provided.
15)To be informed in writing at or before the time of admission
of any resident retention limitations set by the state or
facility.
16)To reasonable accommodation of individual needs and
preferences in all aspects of life in the facility.
17)To reasonable accommodation of resident preferences
concerning room and roommate choices.
18)To written notice of any room changes at least 30 days in
advance unless the request for a change is agreed to by the
resident, required to fill a vacant bed, or necessary due to
an emergency.
19)To share a room with the resident's spouse, domestic partner,
or a person of resident's choice when spouses, partners, or
residents live in the same facility and consent to the
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arrangement.
20)To select their own physicians, pharmacies, privately paid
personal assistants, hospice agency, and health care
providers.
21)To have prompt access to review all of their records and to
purchase photocopies. Photocopied records shall be promptly
provided, not to exceed two business days, at a cost not to
exceed the community standard for photocopies.
22)To be protected from involuntary transfers, discharges, and
evictions in violation of state laws and regulations.
23)To move from a facility.
24)To consent to have relatives and other individuals of the
resident's choosing visit at any time during reasonable hours,
privately and without prior notice.
25)To receive written information on the right to establish an
advanced health care directive and written policies on
honoring those directives.
26)To be encouraged to maintain and develop their fullest
potential for independent living through participation in
activities that are designed and implemented for such purpose.
27)To organize and participate in a resident council.
28)To protection of their property from theft or loss.
29)To manage their financial affairs.
The Senate amendments make some technical changes, and
eliminates a "private right of action" approved by the Assembly
to remedy violations of RCFE resident rights.
EXISTING LAW :
1)Establishes the California Community Care Facilities Act, and
defines a "community care facility" as a facility, place, or
building maintained and operated to provide nonmedical
residential care, and provides for regulation by DSS.
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2)Establishes the California RCFE Act, and a separate licensing
category which supports facilities that provide personal care
and supervision, protective supervision or health related
services for persons 60 years of age or older.
3)Requires RCFE licensees to disclose to, and inform new
residents, upon admission, of personal rights described in
California's Code of Regulations Title 22.
FISCAL EFFECT : According to the Senate Appropriations
Committee, one-time costs to DSS estimated at $250,000 from the
General Fund to review RCFE plans of operations to ensure
compliance, and to issue regulations.
COMMENTS : Recent media revealed misconduct, mistreatment, and
neglect of dependent residents living within licensed RCFEs.
Over the past several years, the elimination of vacant staff
positions, hiring moratoriums, and rolling staff furloughs have
challenged DSS in its mission to protect vulnerable populations
living within facilities that it licenses. Additional media
revealed potential corruption among DSS field staff who may have
accepted expensive gifts from those whom they regulate. These
revelations have led many to believe that RCFE residents are
increasingly exposed to harm.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990
FN: 0005496