Bill Text: CA AB1821 | 2013-2014 | Regular Session | Chaptered
Bill Title: Medical foster homes.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 650, Statutes of 2014. [AB1821 Detail]
Download: California-2013-AB1821-Chaptered.html
BILL NUMBER: AB 1821 CHAPTERED
BILL TEXT
CHAPTER 650
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 22, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Gordon
(Coauthors: Assembly Members Brown, Chávez, Fox, Melendez,
Muratsuchi, and Salas)
FEBRUARY 18, 2014
An act to add and repeal Chapter 5 (commencing with Section 1850)
of Division 8 of the Military and Veterans Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 1821, Gordon. Medical foster homes.
Existing law establishes the Department of Veterans Affairs, which
is responsible for administering various programs and services for
the benefit of veterans. Existing law provides for the licensure of
residential care facilities for the elderly, community care
facilities, and residential care facilities for persons with chronic,
life-threatening illness by the State Department of Social Services.
Existing law exempts from these provisions specified facilities,
including general acute care hospitals and clinics. Existing law
authorizes the California State Auditor, upon the request by the
Joint Legislative Audit Committee and to the extent funding is
available, to audit a state or local governmental agency, as defined,
or any other publicly created entity.
This bill would establish the Medical Foster Home Pilot Program
and would, commencing June 1, 2015, and until January 1, 2018,
authorize a United States Department of Veterans Affairs (USDVA)
facility to establish a medical foster home that is not subject to
licensure or regulation as a residential care facility for the
elderly, a community care facility, or a residential care facility
for persons with chronic, life-threatening illness provided that
specified federal requirements are satisfied, the USDVA facility
establishing the home agrees to be subject to the jurisdiction of the
California State Auditor, and the USDVA obtains criminal background
information for caregivers and specified individuals residing in the
home. The bill would state the intent of the Legislature that the
California State Auditor, through a request to the Joint Legislative
Audit Committee, conduct an audit evaluating the pilot program
created by this bill no sooner than January 1, 2016, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to expand into
California the United States Department of Veterans Affairs medical
foster home program by authorizing the United States Department of
Veterans Affairs facilities in the state to establish medical foster
homes that are exempt from regulation under the California
Residential Care Facilities for the Elderly Act, the California
Community Care Facilities Act, and Chapter 3.01 (commencing with
Section 1568.01) of Division 2 of the Health and Safety Code.
SEC. 2. Chapter 5 (commencing with Section 1850) is added to
Division 8 of the Military and Veterans Code, to read:
CHAPTER 5. MEDICAL FOSTER HOME PILOT PROGRAM
1850. This chapter shall be known and may be cited as the Medical
Foster Home Pilot Program.
1850.5. For purposes of this chapter, the following definitions
shall apply:
(a) "Medical foster home" has the same meaning as that term is
defined in Section 17.73 of Title 38 of the Code of Federal
Regulations.
(b) "Medical foster home caregiver" means the primary person who
provides care to a veteran resident in a medical foster home.
(c) "USDVA facility" means a United States Department of Veterans
Affairs facility.
(d) "Veteran resident" has the same meaning as that term is
defined in Section 17.73 of Title 38 of the Code of Federal
Regulations.
1851. A USDVA facility may establish a medical foster home
program in this state no sooner than June 1, 2015. A medical foster
home established pursuant to that program is not subject to licensure
or regulation under the California Residential Care Facilities for
the Elderly Act (Chapter 3.2 (commencing with Section 1569) of
Division 2 of the Health and Safety Code), the California Community
Care Facilities Act (Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code), or Chapter 3.01
(commencing with Section 1568.01) of Division 2 of the Health and
Safety Code if all of the following requirements are satisfied:
(a) The medical foster home meets the requirements of Sections
17.73 and 17.74 of Title 38 of the Code of Federal Regulations.
(b) The USDVA facility submits a proposal to establish a medical
foster home program to the Director of Home and Community-Based Care
in Geriatrics and Extended Care Services in the Central Office of the
USDVA and that director authorizes the program.
(c) The USDVA facility establishing the foster home agrees to be
subject to the jurisdiction of the California State Auditor for the
purpose of evaluating the program created under this chapter.
Consistent with this agreement, the USDVA facility shall provide
data, information, and case files as requested by the California
State Auditor to perform all of his or her duties in evaluating the
program created under this chapter.
(d) The United States Department of Veterans Affairs obtains
background information as required under Section 1853.
1852. It is the intent of the Legislature that the California
State Auditor, through a request to the Joint Legislative Audit
Committee, conduct an audit that assesses and evaluates the pilot
program created by this chapter no sooner than January 1, 2016. It is
the intent of the Legislature that the audit be used to do both of
the following:
(a) Evaluate the success of the pilot program by confirming that
the USDVA facilities are meeting their goals and standards.
(b) Make recommendations to the Legislature regarding the
continuation of the program, including, but not limited to,
recommendations regarding changes or reforms needed for improvement
of the program.
1853. (a) For each medical foster home established under this
chapter, the United States Department of Veterans Affairs shall
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice of both of the
following for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and also information as to the existence
and content of a record of state or federal arrests for which the
Department of Justice establishes that the individual is free on bail
or on his or her own recognizance pending trial or appeal:
(1) Medical foster home caregivers.
(2) Individuals, other than veteran residents, who are over 18
years of age and are residing in the medical foster home.
(b) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information submitted pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and shall compile and disseminate a
response to the United States Department of Veterans Affairs.
(c) The Department of Justice shall provide a state or federal
level response to the United States Department of Veterans Affairs
pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The United States Department of Veterans Affairs shall request
from the Department of Justice subsequent notification service, as
provided pursuant to Section 11105.2 of the Penal Code, for the
individuals described in subdivision (a).
(e) The Department of Justice shall charge a fee sufficient to
cover the reasonable costs of processing the request described in
this section.
(f) This section shall remain in effect until the date that the
United States Department of Veterans Affairs receives federal
authority to request criminal background checks of the individuals
described in this section, or January 1, 2018, whichever date occurs
first.
1855. This chapter shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
