Legislative Update

AB 1437 (Patterson) RCFE clearances and licenses – Support

AB 1437 is a consent item approaching final passage but is awaiting amendments from DSS. This bill provides efficiencies for CCLD and licensees by eliminating the requirement to transfer a criminal clearance among a licensee’s communities. Under this bill, a cleared employee will be associated with all communities under the same license, saving significant time for CCLD and the licensee. The bill also makes a technical but important clarification which eliminates the requirement that, in order to get a new license, a non-corporate applicant would have to have completed the RCFE administrator course within the last five years, even if the certification is kept current.

SB 219 (Wiener) LGBT rights – Support

The private right of action, which CALA strongly opposed, was removed from the bill! And additional policy clarifications requested by CALA which ensure that HIPAA and the Confidentiality of Medical Information Act are not expanded to non-medical settings, among other things, have been adopted. SB 219 establishes specific rights for LGBT residents of SNFs and RCFEs, and now does so without creating a new private right of action for RCFEs. CALA has long advocated for welcoming, inclusive environments for all seniors and has been directly involved in establishing laws that ensure our LGBT residents have a positive experience in our communities. CALA greatly appreciates working with Senator Wiener to draft a bill CALA can support. SB 219 is now in Assembly Appropriations.

SB 294 (Hernandez) Hospices: palliative care – Support

The bill passed both houses and was in the first stages of the process that takes place before being sent to the Governor when it was pulled back to the Assembly for amendments. The bill passed the Assembly before legislators left for summer recess. This bill, sponsored by the California Hospice and Palliative Care Association and the Coalition for Compassionate Care, would authorize licensed hospice agencies to provide palliative services to individuals who have a serious, life threatening, or advanced illness, regardless of whether the patient has a terminal illness or continues to receive curative treatment.

SB 648 (Mendoza) Referral agencies – Oppose unless amended

This bill was held in Senate Appropriations and is effectively dead for the year. The bill is intended to provide disclosure, transparency, and oversight for RCFE referral agencies. However the author recently removed the provision that would have required the referral agency to let consumers know how they get paid, whether they only refer to communities that they have a contract with, or if they’ve ever visited the facilities they’re referring to. Instead, the bill would have required RCFEs to have residents sign a disclosure form at move-in or face a fine. CALA advocated for up-front disclosure by the referral agency. DSS also had questions regarding much of the proposal. While the bill is done for the year, the issue will be back.

AB 713 (Chu) CCRC transfers – Watch

This bill would require CCRCs to use an assessment tool when determining whether a resident needs to transfer within the community to a higher level of care and it would require the Continuing Care Contracts Branch to review a disputed transfer and determine if the transfer was appropriate and necessary. CALA’s CCRC Subcommittee is closely watching this bill. It now in the Senate.

AB 853 (Choi) CCRC pooling contracts – Watch

This bill would authorize CCRC “pooling” contracts where entrance fee repayment is contingent upon resale of the next unit, rather than the resident’s specific unit. It would also make changes to the timing of construction approvals and use of surety bonds to satisfy liquid reserve obligations. This bill has not been heard in committee and is now a “two-year bill” meaning it won’t be considered until next year, if at all. CALA’s CCRC Subcommittee is watching this bill.

AB 859 (Eggman) Lower standard of proof for elder abuse – Oppose

CALA is part of a large coalition opposing this bill which would lower the standard of proof in elder abuse cases if there is spoliation (intentional destruction of evidence). Earlier this month, two of the opposition’s three amendments were adopted to specify that the evidence must have “materially prejudiced the other party” and that it “must have been material and specifically required to be maintained or preserved by the defendant.” The rejected amendment would have allowed judges to lower the standard of proof in these cases, rather than mandate that they do so. The author and sponsor continue to reject this amendment and the coalition remains opposed. AB 859 passed out of the Senate Judiciary Committee this week on a party line vote and now goes to the Senate Appropriations Committee.

SB 449 (Monning) CNA dementia training – Support

The bill passed both houses and was in the first stages of the process that takes place before being sent to the Governor when it was pulled back to the Assembly for amendments. The bill passed the Assembly before legislators left for summer recess. CALA supports this effort to increase the dementia care training requirement for CNAs. This bill is sponsored by the Alzheimer’s Association.

Read about how recent legislation affects RCFEs and DSS, and visit our visit our Advocacy History page to see our legislative priorities from previous years.