2013-2014 Legislation
Signed
AB 1523 (Atkins) Liability insurance for RCFEs - Support
CALA supports this bill to require all RCFEs to carry liability insurance in the amount of $1 million per occurrence and $3 million in total annual aggregate. CALA members currently carry this type of coverage as required by the terms of their financing and as good practice dictates. We are pleased that this bill was signed by the Governor on August 15th. Like all new laws, we will keep our members posted on the implementation of this bill.
AB 1570 (Chesbro) RCFE administrator and staff training
Sponsor/Support
CALA is pleased to co-sponsor this administrator and staff training bill with the California Council of the Alzheimer’s Association and LeadingAge California. This bill was signed into law by the Governor on September 28, 2014. Most recent amendments made the bill complementary to SB 911 (see below), the other bill related to staff and administrator training. Specifically, AB 1570 increases staff training to 40 hours of training in the first year (currently 10 hours in the first 4 weeks), and 20 hours of ongoing training each year (required after the first year). The initial 40 hours of training will be phased in: 20 hours of training are required before working independently, then the remaining 20 hours are required within the first four weeks of employment. This bill increases the state-proctored administrator exam to 100 questions (from 40) and requires a yearly update of the exam. The initial dementia care training hours are doubled and included in the additional training hours applied to all RCFEs, not just those that advertise dementia care. Like all new laws, we will update our members on the implementation of this bill.
AB 1572 (Eggman) RCFE resident and family councils - Support
CALA supports this bill relating to resident and family councils, as these groups can enhance the overall experience of our residents and their families. AB 1572 was signed into law by the Governor in late July. We will keep our members updated on the implementation of this new law.
AB 1899 (Brown) Bill to Ban Licensure After Abandonment - Support
CALA supports this bill that prohibits licensees who have abandoned an RCFE from obtaining a new RCFE license. AB 1899 was signed into law by the Governor on September 28, 2014. Like all new laws, we will update our members on the requirements of this new law.
AB 2044 (Rodriguez) RCFE staffing and training - Support
CALA worked closely with Assemblymember Rodriguez to refine provisions of this bill, which requires at least one CPR-trained staff to be present at all times and a designated lead staff (21 years or older) on site at all times. The most recent amendments specify that the CPR-trained staff is not required to provide CPR, which prevents CPR from being performed on a resident with a DNR order. AB 2044 was signed into law by the Governor on September 28, 2014. Like all new laws, we will update our members of the implementation of the bill.
AB 2171 (Wieckowski) RCFE resident rights - Support
CALA was able to offer support to AB 2171 as amended on August 22, 2014 when all private right of action provisions that would have set the stage for shakedown lawsuits in Assisted Living communities were removed. The remaining provisions of the bill focus on codifying existing resident rights. Also, the final version of the bill does prohibit the mandatory waiver of any rights, which would prohibit mandatory pre-dispute arbitration agreements. This is consistent with the policies outlined in the Federal Arbitration Act, which allows for voluntary pre-dispute arbitration agreements. With these amendments, the bill is now centered on residents rather than attorneys and CALA is able to support the bill. We owe many thanks to all CALA members who helped our advocacy in opposition to earlier versions of this bill. Your phone calls, letters, and meetings with legislators were incredibly instrumental in our grassroots efforts to defeat specific provisions of AB 2171. This bill was signed into law by the Governor on September 28, 2014. Like all new laws, we will keep our members updated on the implementation of this bill.
AB 2236 (Maienschein and Stone) Civil penalties - Neutral
As originally drafted, this bill was a comprehensive revision of the RCFE civil penalty system, sponsored by CALA and the California Advocates for Nursing Home Reform. While the recent and significant amendments substantially increased fines, one primary goal of the original bill, other reforms were removed such as the departmental consideration and discretion in the civil penalty process. Most significantly, the most recent amendments incorporate every other community care licensing provider type, which is well beyond the scope of CALA’s original intent of reforming only the RCFE civil penalty system. For these reasons, we changed our position to neutral on this bill. However, we note that AB 2236 will no longer allow for a civil penalty for a violation that led to a death of a resident of an RCFE be assessed at an insignificant $150—the most intended reform of the original bill. This bill was signed into law on September 29, 2014. Like all new laws, CALA will notify members of the bill’s implementation.
AB 2632 (Maienschein) DSS criminal background checks - Support
CALA supports this bill that requires employees of all CCLD licensure categories, including RCFEs, to have arrests for non-exemptible crimes investigated before being granted a clearance. AB 2632 was signed into law on September 29, 2014. Like all new laws, CALA will notify members of the bill’s implementation.
SB 895 (Corbett) Remedy of deficiencies and inspection reports - Neutral
The most recent amendments to SB 895 require RCFEs to remedy deficiencies within 10 days of notification from the department, unless extended in the plan of correction. This bill also requires the department to post information on its website on how to obtain inspection reports and would state that it’s the intent of the Legislature to make licensing reports available online by January 1, 2020. This bill specifies actions CCLD would be required to take during a license revocation or temporary suspension. Further, SB 895 requires the department to design a poster containing information on “the appropriate reporting agency in case of complaint or emergency” – this will need to be posted in the main entry of the RCFE. Per the bill author’s clarification letter to the Senate Daily Journal, which was sent at CALA’s urging, the meaning of “entryway” is to be interpreted (namely by providers and the department) as a “conspicuous place that is accessible to residents, families and staff.” Our final position on the bill was neutral as the new provisions could still use some fine-tuning. This bill was signed into law by the Governor on September 28, 2014. Like all new laws, we will notify our members of the bill’s implementation.
SB 911 (Block) 911 calls, RCFE staff training - Support
CALA worked closely with committee consultants and Senator Block’s office to resolve differences in training requirements between SB 911 and AB 1570, which is co-sponsored by CALA, LeadingAge California and the California Council of the Alzheimer’s Association. In turn, SB 911 was amended to address 911 calls, administrator training and certification, staff medication training, and training related to postural supports, restricted conditions, and hospice. The most recent amendments made the provisions of SB 911 complementary to those of AB 1570. This bill was signed into law by the Governor on September 28, 2014. Like all new laws, we will notify our members of this bill’s implementation.
SB 1153 (Leno) Suspension on new admissions - Support
This bill provides CCLD with authority to ban new admissions to an RCFE under certain circumstances, including: 1) when an RCFE has failed to pay a fine assessed by the department after the facility’s appeal rights have been exhausted or if the department finds that the facility has violated laws; or 2) regulations and the violation presents a direct or immediate risk to the health, safety, or personal rights of a resident or residents and is not corrected immediately. SB 1153 was signed into law by the Governor on September 28, 2014. Like all new laws, we will notify our members of the bill’s implementation. CALA supports this bill as it will create a powerful new enforcement tool similar to those used in other states.
SB 1382 (Block) Licensing Fees - Neutral
This bill will increase RCFE licensing fees by 20%. The most recent amendments to the bill changed the previous intent language for the department to increase licensing inspections to more general language. CALA supported higher licensing fees to pay for the much needed increase in the frequency of inspections. However, our position was changed to neutral due to the general language that does not specify intent to increase inspections. This bill was signed by the Governor on September 28, 2014. Like all new laws, we will notify our members of the bill’s implementation.
Dead
AB 1436 (Waldron) Online licensing reports - Support
This bill to require online licensing reports died in Assembly Appropriations Suspense on Friday, May 23. The bill also would have required any deficiency that is dismissed upon appeal to be removed immediately. Access to accurate and timely information is valuable to consumers and information should be accessible online.
AB 1454 (Calderon) Annual inspections for all CCLD licensees - Support
CALA strongly supported this bill that calls for annual licensing inspections of facilities under all CCLD licensure categories. This bill died on Suspense in the Senate Appropriations Committee on August 14, 2014. As increasing licensing inspections is a top priority for Assemblymember Calderon, he promises to author new bills on the issue every year until it passes.
AB 1554 (Skinner) CCLD complaint investigations in RCFEs - Support as Proposed to be Amended
This bill would have changed the way the department investigates complaints about RCFEs and requires tighter deadlines for departmental action.
AB 1571 (Eggman) Licensure and Online Disclosure - Support if amended
This bill, which would have required an online rating system for RCFEs, died on Suspense in the Senate Human Services Committee on August 14, 2014. Amendments adopted in the Senate Human Services Committee reflected the information the department recently made available online to search RCFEs. CALA worked closely with the author’s office on our position that online information should be accurate, timely, and easily understandable.
AB 2162 (Fox) Fire Sprinklers in 6 bed RCFEs - Support
CALA supported this bill that would have required fire sprinklers in RCFEs licensed for six or fewer residents. All larger RCFEs are already required to have these life-saving devices.
SB 894 (Corbett) RCFE closure process - Neutral
This bill specified actions that CCLD would be required to take during a license revocation or temporary suspension; these changes were intended to prevent a reoccurrence of the mismanaged closure of Valley Springs Manor in Castro Valley. Although supportive of these changes, CALA had a neutral position on the bill due to the limited private right of action language. This bill was never brought up for a vote on the Senate Floor and some of its provisions were absorbed into SB 895 (Corbett).
2011-2012 Legislation
Signed
AB 40 (Yamada) Elder Abuse Reporting - Opposition Removed
This bill requires reports of suspected elder physical abuse to be made to law enforcement in addition to the ombudsman in some cases. CALA successfully obtained amendments that avoid inappropriate reports to the police for common resident-to-resident dementia-driven behaviors that do not result in significant injury. Look for more compliance detail in future CALA Updates.
AB 999 (Yamada) LTC Insurance - Support
This bill requires reports of suspected elder physical abuse to be made to law enforcement in addition to the ombudsman in some cases. CALA successfully obtained amendments that avoid inappropriate reports to the police for common resident-to-resident dementia-driven behaviors that do not result in significant injury. Look for more compliance detail in future CALA Updates.
AB 2066 (Monning) RCFE License Revocation Process - Support
This bill modifies a law enacted last year that establishes protections for residents during a license revocation, including allowing for a 60-day notice that the license has been revoked and the community may close. AB 2066 provides a process by which a community may continue to operate under the management of a qualified licensee during the 60 days prior to license revocation. This will help avoid a situation where DSS would order an entire community of residents to relocate in a matter of days and at the same time help ensure that a qualified licensee is responsible for care and supervision during the 60-day closure period. CALA worked closely with Assemblymember Monning on this valuable legislation.
SB 135 (Hernandez) Hospice Facility Licensure - Neutral
This bill creates a new licensure category for hospice facilities. California will be joining 35 other states that already have a separate hospice facility licensing category.
SB 345 (Wolk) Long-Term Care Ombudsman Program - Neutral
This bill gives the ombudsmen access to a list of RCFE resident names and room numbers upon request, among other things. This resolves an ongoing conflict between the ombudsman program and CCLD over whether this information can be shared without consent. State law currently provides for access to this information in nursing homes, but not RCFEs. SB 345 also specifies that the ombudsmen have the right to unescorted, unhindered access to the facility. Look for more compliance detail in future CALA Updates.
SB 1047 (Alquist) Silver Alert - Support
This bill establishes a “Silver Alert” notification system to issue and coordinate alerts informing the public when a person who is 65 years or older is missing. This program will remain in effect until January 1, 2016. CALA supported this bill.
SB 1170 (Leno) Senior Insurance - Neutral
This bill expands consumer protections governing the sale of insurance to seniors and adds specific protections for senior veterans. It prevents inappropriate charges for “assisting” veterans in the application for, or appeal of the denial of, veterans’ benefits, and prohibits misleading information in educational seminars and marketing materials that are aimed at senior veterans, among other things.
SB 1329 (Simitian) Drug Collection and Distribution Programs - Support
This bill allows RCFEs meeting certain criteria and other care settings to donate unused, untampered medications to county-approved pharmacies for redistribution to the medically indigent. CALA strongly advocated for RCFEs to be included in this process and worked to settle concerns from the Board of Pharmacy. Thank you to CALA Members who wrote letters to the Governor urging him to sign this bill as a way to increase access to prescription drugs and reduce pharmaceutical waste. CALA appreciates the successful effort and support of Senator Simitian and his staff!
Vetoed
AB 889 (Amiano) Domestic Work Employees - Neutral
This bill would have required the Department of Industrial Relations to adopt regulations governing the working conditions of domestic employees, including overtime and meal and rest breaks, by January 1, 2014. The Governor raised many concerns in his veto message including potential negative impacts on the elderly and disabled, enforcement challenges, and drafting errors.
SB 411 (Price) Home Care Services Licensure and Certification - Neutral
This SEIU-sponsored bill would have required licensure of home care agencies and certification for home care workers, managed by DSS. CALA had secured an exemption for RCFEs earlier in the process. In his veto message, the Governor cited “economic stressors and uncertainty” among the reasons for his veto.
Defeated
AB 1062 (Dickinson) – previously SB 558 (Simitian) - Oppose
This bill would have required the Department of Industrial Relations to adopt regulations governing the working conditions of domestic employees, including overtime and meal and rest breaks, by January 1, 2014. The Governor raised many concerns in his veto message including potential negative impacts on the elderly and disabled, enforcement challenges, and drafting errors.
SB 1528 (Steinberg) Damages for Medical Services - Oppose
This bill would have overturned a recent California Supreme Court case which ruled that a plaintiff can collect only the amount actually paid by insurers for medical treatment, not what was billed. CALA was part of a large coalition opposing this bill.
2009-2010 Legislation
Signed
AB 762 (Lowenthal) Bedridden - Support
Sponsored by CALA, this bill requires that RCFE residents who need assistance transferring to and from bed, but not assistance turning or repositioning, are considered nonambulatory for purposes of fire clearance. The STD 850 shall reflect these residents as nonambulatory and a nonambulatory fire clearance is required for these residents/clients. Alternately, RCFE residents who need assistance turning or repositioning in bed continue to be considered bedridden for purposes of fire clearance. The STD 850 will reflect these residents as bedridden.
SB 781 (Leno) Eviction Procedures - Opposition Removed
This bill changes the required information in an eviction notice. Most notably, it requires the notice to include specific language regarding the unlawful detainer process that will be pursued if a resident does not comply with the three-day or 30-day notice.
Vetoed
SB 1329 (Leno) Financial Distress Indication Notices - Neutral
This bill would have required licensees to notify CCLD and, in some instances, residents and applicants for potential residence, of specified events that might indicate financial distress. SB 1329 was a response to foreclosures on several small communities that were not handled well. CALA obtained significant amendments early in the process and has remained neutral on the bill. It was vetoed by Governor Schwarzenegger due to workload concerns
Defeated
SB 892 (Alquist) Addition of Non-exemptible Crimes -Support
This bill would have added additional offenses to the current DSS list of non-exemptible crimes with respect to employment in any capacity at an RCFE. This bill was an effort to increase consistency between DSS, which clears all community care facility employees, and the Department of Public Health, which clears CNAs. The bill did not address any other inconsistencies between the programs. CALA has long supported a strong and effective screening process, and testified in support of this bill. SB 892 was held in the Assembly Appropriations Committee due to significant cost to DSS to restructure its criminal background check system.
2007-2008 Legislation
Signed
AB 2370 (Bass) Rate History Disclosure - Opposition Removed
This bill requires licensed RCFEs to prepare a document on or before January 31 of each year disclosing average monthly rate increases, inclusive of rates for living units and services, over the previous three years. The average amount of the increase as well as the average percentage of the increase must be disclosed. This written disclosure is to be provided to every resident or resident’s representative upon signing the admission agreement, as well as any prospective residents. While most providers already share this information upon request, this new law will ensure that all consumers have access to the information. CALA was able to work with Speaker Bass on amendments which enabled us to remove our opposition. The final language provides helpful information to all prospective residents while at the same time respecting the privacy concerns of current residents.
AB 749 (Wolk) Disaster Plans - Support
AB 749 enhances the current disaster plan requirements by providing that all communities must have a plan to be self-reliant for up to 72 hours following any emergency or disaster. While much of AB 749 is already required or recommended by CCLD, the bill will result in a higher standard that all providers must comply with. CALA is pleased to have been able to work with Assemblymember Wolk on this important legislation benefiting providers and consumers.
AB 978 (Benoit) Enforcement - Oppose Unless Amended
This bill strengthens the enforcement methods for serious health and safety violations in CCLD-licensed facilities. AB 978 defines serious violations warranting civil penalties of up to $150 per day and authorizes DSS to use civil penalties to ensure the health and safety of persons provided care and supervision by licensees. The bill also requires DSS to ensure that a licensee’s plan of correction is verifiable and measurable. It requires DSS to specify in its licensing report violations which, if not corrected, will present an immediate risk to the health, safety, or personal rights of clients, and place a note of final conclusion in the facility’s file after its investigation is completed.
Vetoed
AB 2947 (Eng) Anti-Arbitration in AL - Oppose
The Governor, recognizing the benefits of arbitration, vetoed AB 2947 which would have placed severe restrictions in the right to arbitrate disputes in Assisted Living. CALA lobbied aggressively against this bill and benefits from strong grassroots efforts by members—thanks to everyone who wrote letters!
AB 759 (Karnette) Fire Safety - Support
This bill would have required annual fire safety inspections for RCFEs licensed for 6 or fewer residents and authorized fees to cover the cost of the inspections. Originally, this bill required 6-bed facilities to be fully sprinklered. It was amended due to prior vetoes and DSS opposition to that requirement. The annual fire safety inspections were intended to provide additional safeguards without the expense of sprinklers. The Governor vetoed the bill due to concerns that additional costs to providers would reduce access to housing and care for California’s seniors.
Defeated
AB 2598 (Leno) Rent Control in Assisted Living - Oppose
This bill, which would have allowed local jurisdictions to impose rent control on Assisted Living, was not taken up for a vote on the Assembly Floor prior to the deadline, and is now dead. During the final days of this bill, there was growing recognition that imposing rent control on a 24-hour licensed care provider was counterproductive and could likely end up seriously harming this model of care which consumers find so desirable. What remains, however, is a strong interest in expanding access to Assisted Living services. CALA is committed to working with Assemblymember Leno and others to do just that.