AB 601 (Eggman) – License Application Disclosure
AB601 enables CCLD to know more about license applicants, including who owns and controls them as well as the track record in California and other states. Specifically, the bill requires disclosure of:
- Ownership information, not including investors in publically traded companies or investment funds if there is no influence or control over operations
- Other facilities owned, operated or managed by same applicant or any parent of the applicant
- Person or entity in control of applicant
- Management company
- If part of a “chain,” other communities, including a diagram
- Name of person with operational control and their work/ownership history
- Any revocation, suspension, probation, exclusion order or similar action in CA or any other state within last 10 years
- Any bankruptcy within last 5 years
- Ongoing updates to CCLD within 30 days for changes within CA or disciplinary actions out of state; have 6 months to update changes of ownership in other states
- Co-applicants no longer subject to a 1-year moratorium if license is denied due to other co-applicant
CCLD has just started work on the implementation plan and corresponding changes to the license application forms. CALA is also preparing more detailed information which will be available soon.
CALA-supported AB 637 (Campos) – NP or PA Signatures to be Allowed on POLST
This bill will allow nurse practitioners and physician assistants to sign off on POLST forms. Previously, only physicians could sign the POLST form. Since this law takes effect January 1, 2016, the POLST form is being updated to reflect that NPs or PAs are allowed to sign it.
CALA-Supported AB 643 (Nazarian) – Expansion of the Silver Alert Program
This bill will expand the Silver Alert program to also activate an alert via Changeable Message Signs (CMS) on California highways. This expansion will make the Silver Alert consistent with the “Amber Alert” (for abducted children) and the “Blue Alert” (a system that alerts police officers about threats made to them).
AB 1387 (Chu) – CCLD Appeal Process
AB 1387 streamlines and improves the efficiency of the CCLD appeal process. Effective January 1, 2016, all licensees will have: an additional five days to file the appeal; an expectation of clarity in inspection reports; an expectation of CCLD decision within 60 days of all info being submitted; and a two-step rather than four-step process. CCLD is working on its implementation plan. CALA will provide additional details soon.
AB 2231 (Calderon) Civil Penalties – CALA Opposition changed to Support
The signing of AB 2231 marks the end of a three-year effort to completely revise the CCLD civil penalty system. CALA worked hard to ensure appropriate increases in 20-year-old fine levels and secured important due process features, including: triggering fines after plan of correction date passed for most violations; a strong definition of “repeat” violation; language to make fines payable upon completion of appeals; and the elimination of “inconclusive” complaint findings. CALA opposed the original version of the bill but was able to obtain amendments that brought us to support. This bill has a delayed implementation date of July 1, 2017.
SB 19 (Wolk) – POLST Registry Pilot Program
SB 19 will create an electronic registry pilot for collecting statewide POLST information. The pilot program will be run by the California Emergency Medical Services Authority and is to be developed with non-state funds. CALA supported this bill as an electronic registry pilot program is a positive step in ensuring that individuals’ end-of-life wishes are honored.
SB 613 (Allen) – Workgroup to Update Guidelines for Alzheimer’s Disease Management
SB 613 will require the Department of Public Health to convene a workgroup to update the 2008 Guidelines for Alzheimer’s Disease Management in California. The Guidelines will be updated to address recent changes in the health care system.
SB 939 (Monning) CCRC Entrance Fees – CALA fought to remove penalties
SB 939 (Monning) intends to incentivize fast repayment of entrance fees for CCRC contracts that condition repayment upon resale of the unit, but its financial penalties do nothing to locate a buyer and instead will result in higher fees to existing and future residents. CALA provided the foundation needed to lessen the negative impact of this bill and succeeded in removing the early partial repayment requirement. The interest penalties remain 4% at six months and 6% at eight months. Other provisions include requiring disclosure of resale history and allowing early repayment. The bill also prohibits a provider from charging a resident or his or her estate a monthly fee once a unit has been permanently vacated, unless that fee is part of an equity interest contract.
SB 1065 (Monning) Arbitration – CALA Opposition Removed
This bill originally would have eliminated the right to appeal an order dismissing or denying a petition to compel arbitration when the plaintiff has filed a motion for preference and a claim under the Elder and Dependent Adult Civil Protection Act. CALA was part of a large coalition that succeeded in securing amendments to preserve the right to appeal, but speed up the process. With these amendments, CALA and the other opponents removed opposition.
AB 74 (Calderon) – Annual Inspections for Child Care
This bill was vetoed due to costs. The Governor noted that the 2015-16 State Budget increased inspections for child care facilities to once every three years and stated that any further increases should be made through the budget process.
AB 2301 (Chu) County Elder Abuse Study – CALA Opposition Removed
CALA was opposed to this bill when it required a new poster with law enforcement phone numbers and addresses. CALA argued that the two current posters with toll-free numbers for the Ombudsman, CCLD, and 9-1-1, along with the emergency plan that includes local law enforcement numbers, are sufficient and that another poster on the wall would not accomplish the intended goal. Those provisions were removed and the bill amended to require the Health & Human Services Agency to conduct a four-year study regarding the manner in which each county invests in and conducts services that train and equip law enforcement officers to identify and investigate instances of elder abuse. The bill failed in the Assembly Appropriations Committee.
SB 475 (Monning) – CCRC Unit Resale Process
SB 475 deals with resale of CCRC units and does not directly impact RCFEs that do not offer continuing care contracts. CALA removed its late opposition once the provision to require the licensee to pay the department’s investigation costs was removed.
SB 648 (Mendoza) Referral Agencies – CALA Neutral
The Governor vetoed SB 648. This bill would have required DSS to license RCFE referral agencies. It would have required specific disclosures and consumer consent before sharing information, prohibited “kickbacks,” and required training for referral agents, among other things. CALA secured amendments early on to ensure that RCFE employees and residents weren’t considered “referral agencies” when they referred friends or family, or when they successfully marketed the community. While there appeared to be broad support for the overall goal of disclosure and consent, the bill language was somewhat confusing and imposed a significant new licensing function on DSS. Referral agencies themselves were split on the bill.
SB 878 (Leyva) Work hours: Scheduling – CALA Opposed
This bill would have eliminated flexibility and imposed costly penalties by mandating retail, grocery, and restaurant employers, regardless of the scope of retail or restaurant services, to provide a 21-day work schedule, with penalties for adjusting it. CALA was concerned that the definition of “restaurant” services would be interpreted to apply to Assisted Living dining services, thus triggering the advance scheduling requirement. CALA was part of a large opposition coalition led by the Cal Chamber. This bill failed in Senate Appropriations Committee.
SB 938 (Jackson) Dementia Conservatorship – CALA Opposed
For individuals under a dementia conservatorship, this bill would have expanded the current court prior approval requirement from medications used to treat dementia to any psychotropic medication needed by a person with dementia. For example, before prescribing an anti-anxiety medication prior to an MRI, the physician and conservator would have to petition the court for approval. The goal of preventing inappropriate use of antipsychotics is well-intended and there is recognition that the existing statute is outdated; however, this bill would have imposed additional barriers to needed care. CALA was part of a coalition, including the Alzheimer’s Association, opposed to this bill. The bill failed to receive the votes necessary to pass off the Assembly Floor.
SJR 25 (Wieckowski) Arbitration and Class Actions – CALA Opposed
This nonbinding resolution encouraged the Consumer Financial Protection Bureau to issue rules to limit the use of mandatory arbitration clauses in consumer contracts for financial products and services. It set forth inaccurate claims regarding arbitration and class actions. For that reason, CALA was part of a large coalition opposed to this resolution. It failed on the Assembly Floor.