BILL ANALYSIS �
SB 894
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 894 (Corbett) - As Amended: June 26, 2014
Policy Committee: Human
ServicesVote:5 - 0
Aging 5 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Department of Social Services (DSS) to
provide the Office of the State Long-Term Care Ombudsman (within
the Department of Aging) a precautionary notification for the
purposes of providing advocacy services to residents "if the
department begins to prepare to issue" a temporary suspension
order to a residential care facility for the elderly (RCFE) or
revoking a facility's license.
FISCAL EFFECT
Negligible fiscal impact to DSS to send, and to the Department
of Aging to receive, additional notifications from DSS of
pending suspension and revocation orders.
COMMENTS
1)Purpose . Supporters contend state law does not adequately
protect consumers when the license of a RCFE is suspended or
revoked. Proponents further assert DSS is unable to
adequately safeguard the health and safety of elder and
dependent adults living in residential care facilities whose
licenses have been suspended or revoked. SB 894 takes a small
step to strengthen and improve the safeguards for residents by
requiring the Long-Term Care Ombudsman be notified earlier in
the facility license suspension/revocation process.
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
SB 894
Page 2
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 the needs of the resident.
There are 7,589 licensed RCFEs in California with a capacity
to serve over 176,000 residents. Licensed by the DSS
Community Care Licensing Division (CCLD), RCFEs range in size
from residential homes with six or less beds to more formal
residential facilities with more than 100 beds. Existing law
requires DSS to notify the Office of the State LTC Ombudsman
whenever DSS substantiates serious violations posing a threat
to health and safety of any resident or causes an accusation
to be filed for license revocation.
3)Recent events . Recent media focused upon the abandonment of
Valley Springs Manor, a RCFE with 19 residents in the city of
Castro Valley. In May 2013 the CCLD, taking action in
response to the beleaguered facility's poor care history,
revoked Valley Springs Manor's license. Licensees are granted
appeal rights in such instances and the revocation was
immediately appealed, which allowed the facility to remain
operational. The licensee abandoned the facility during the
fall of 2013, ultimately leaving its frail clientele under the
care of the facility cook. It was not until the cook called
"911" that emergency protocol to protect the residents was
activated.
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.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081
SB 894
Page 3