Legislative Update 4/18/13
AB 261 (Chesbro) is sponsored by CALA to bring clarity to an RCFE billing practice after a resident has died. Specifically, the bill prohibits advance notice for terminating the admission agreement due to death of the resident, requires that fees stop once the belongings have been removed from the resident’s apartment, and provides a timeframe for any refund that would be due. AB 261 provides clarity to licensees, and gives families flexibility to manage the moving process as they choose and on their own timeline. AB 261 just passed Assembly Appropriations Committee and is on its way to the Assembly Floor.
AB 364 (Calderon) would increase the frequency of licensing inspections for most community care facilities, including RCFEs, to once every two years. The estimated $7 million cost has sent the bill to the Assembly Appropriations Committee suspense file where it will be considered at a later date. CALA strongly supports this bill and will continue to push for an increase in inspection frequency.
AB 462 (Stone) which would require sprinklers in 6-bed RCFEs and ARFs, failed to pass out of its first committee. Legislators were concerned about the cost of installation for the small RCFEs, especially those serving residents on SSI/SSP, and a possible reduction in available housing for people with disabilities. Disability Rights California and Community Residential Care Association of California were opposed. CALA had negotiated amendments to delete the requirement that the licensee pay the property owner one year in advance of the installation. CALA has a long-standing support position on efforts to require sprinklers in RCFEs given the needs of the population served.
AB 663 (Gomez) would add training on LGBT issues to the “uniform core of knowledge” required for RCFE administrator certification. CALA supports this bill.
Prepare for New Laws in 2013
CALA members should make plans now to comply with new laws that take effect January 1, 2013. CALA has prepared summaries of the new laws, and DSS is expected to release its implementation plans prior to the end of the year or soon after. CALA will alert members as soon as additional information becomes available.
- New Law to Protect Senior Consumers and Senior Veterans
- How the New Abuse Reporting Requirements Impact RCFEs
- New RCFE License Revocation Law
- What RCFEs Need to Know About New LTC Ombudsman Law
- RCFEs May Participate in County Drug Donation Programs
New laws go into effect on January 1st of each year. It can take years, however, for the new statutory requirements to be reflected in RCFE regulations. Some changes are “self-implementing” and never go into regulation. This member’s only section of the CALA website will keep you informed. CALA archives DSS Chaptered Legislation Implementation Plans accessible by year and topic for members’ convenience.