2021-2022 Legislation

AB 1663 (Maienschein) Conservatorship – Study

This CANHR-co-sponsored bill was primarily in response to the Britney Spears conservatorship. CALA had concerns that the bill does not fully recognize the progressive nature of Alzheimer’s disease and dementia and could lead to more conservatorship of residents. AB 1663 adds a supported decision making process into statute, and allows individuals with a disability to have one or more adults, including their supporters, present in meetings and receive communications, but a third party that reasonably suspects fraud, coercion, or abuse can refuse the presence of that individual. Amendments made late in the process strengthened the supported decision making process and provided further protections for individuals with a disability against potential abuse by a supporter.

AB 1855 (Nazarian) LTCO access – Support

CALA was able to work with Assemblymember Nazarian in support of his goal to ensure that LTCO Ombudsmen continue to have access to care facilities as needed. Amendments clarify that public health protocols still apply.

SB 707 (Cortese) CCRCs – Oppose

After several years and two different bill authors, SB 707 has been signed into law despite the hard work that went into the effort to shape the bill into something reasonable. This bill requires CCRCs to report to DSS if certain triggers are reached that could be an indication that a financial plan is needed. However, the final version of the bill still contained flaws that could result in creating the very financial challenges the bill was trying to avoid by including non-problems as “triggers.” While CALA succeeded in obtaining significant amendments along the way, the remaining flaws meant CALA remained opposed.

SB 1044 (Durazo) Employers: state of emergency or emergency condition – Opposition Removed

CALA actively sought—and received—an RCFE exemption from this bill that allows employees to walk off the job or not show up to work any time they feel unsafe during a natural disaster. Clearly essential workers are vital to emergency response. CALA removed our opposition to the bill when our amendments were adopted.

Criminal Background Check Bills:

AB 1720 (Holden) – Neutral

AB 1720 expands the criteria for simplified exemptions and deletes the requirement that an applicant self-disclose criminal history (LIC 508). CALA was initially opposed to this bill due to concerns that an expanded simplified exemption process that is not automated or standardized would slow the process beyond the current 30-day average. RCFEs and CCRCs have the authority through existing statute to ask applicants for their criminal background so deleting the criminal history self-disclosure requirement in the bill will not affect licensees’ ability to ask for that information. CALA removed opposition after repeated assurances from DSS that this change would mean the volume of standard exemptions would decrease significantly, allowing the department to redirect staff to process simplified exemptions faster. It may take some time to see whether changes from AB 1720 indeed speed the exemption process. CALA will continue to engage with DSS and the Care Provider Management Bureau regarding solutions to the background check process so that qualified applicants are not excluded from working in RCFEs due to lengthy delays in processing exemptions.

SB 1093 (Hurtado) – Support

SB 1093 updates existing law to include the ability for RCFEs to transfer background check clearances to other facilities using a secure online portal (Guardian).

FAILED LEGISLATION

AB 499 (Rubio) Referral Agencies – Support

AB 499 is a reintroduction of legislation from the 2019-2020 legislative session that stalled in large part due to the pandemic. CALA has seen several iterations of this bill for years; although this one wasn’t perfect, it included many things CALA could support. This version would have required RCFE referral agencies to make specific consumer disclosures regarding referral services and to establish basic consumer protections. The bill was vetoed due to concerns over costs to the courts for enforcement.

SB 842 (Dodd) Durable Medical Equipment and Assistive Technology Reuse and Redistribution – Support

SB 842 would have created a three-year pilot program in Contra Costa, Napa, Solano, and Yolo counties to facilitate the reuse and redistribution of assistive technology, including durable medical equipment, helping to keep useable equipment out of landfills and get them to individuals in need of them. The bill was vetoed because this pilot would duplicate currently active programs and there were concerns over the program costs, which were not included in the state budget.

SB 861 (Limón) Dementia Care Navigator Grant Pilot Program – Support

SB 861 would have established the Dementia Care Navigator Grant Pilot Program to help provide a trusted voice for individuals and families that need dementia care navigation services. The bill was vetoed, even though culturally competent care is a priority for the governor’s administration, because of cost pressures the program would create when the state budget already included $281.4 million over three years to recruit, train, and certify community health workers who can provide dementia care navigation, among other services.