Bill Text: CA AB2389 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health care coverage: health facilities: cost and

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-08-31 - Re-referred to Com. on P.E.,R. & S.S. pursuant to Assembly Rule 77.2. Action rescinded whereby the bill was re-referred to Com. on P.E.,R. & S.S. pursuant to Assembly Rule 77.2. (Page 6934.) To inactive file on motion of Assembly Member Charles Calderon. [AB2389 Detail]

Download: California-2009-AB2389-Introduced.html

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BILL NUMBER: AB 2389	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gaines

                        FEBRUARY 19, 2010

   An act to amend Section 1569.70 of the Health and Safety Code,
relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2389, as introduced, Gaines. Residential care for the elderly.
   Existing law requires the State Department of Social Services to
license and regulate residential care facilities for the elderly.
   This bill would make a technical, nonsubstantive change in those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.70 of the Health and Safety Code is
amended to read:
   1569.70.  It is the intent of the Legislature to develop and
implement a plan to establish three levels of care under the
residential care facility for the elderly license, subject to future
Budget Act appropriations and statutory authorization to implement
levels of care.
   (a) The guidelines for the development of these levels of care
are:
   (1) Level I--Base care and supervision.  Residents at this level
are able to maintain a higher degree of independence and need only
minimum care and supervision, as defined, and minimal personal care
assistance.
   (2) Level II--Nonmedical personal care.  Residents at this level
have functional limitations and psychosocial needs requiring not only
care and supervision but frequent assistance with personal
activities of daily living and active intervention to help them
maintain their potential for independent living.
   (3) Level III--Health related assistance.  Residents at this level
require the services of lower levels and rely on the facility for
extensive assistance with personal activities of daily living. This
level may include residents who also require the occasional services
of an appropriate skilled professional due to chronic health problems
and returning residents recovering from illness, injury, or
treatment that required placement in facilities providing higher
levels of care.
   These levels are to be based on the services required by residents
at each level due to their functional limitations.
   (b) The levels of care plan shall include:
   (1) Guidelines for meeting requirements at each level of care by
utilizing appropriate community and professional services. Options
shall be provided to allow facilities to meet resident needs by
accessing community services or hiring appropriate staff.
   (2) Assessment procedures for facility evaluation of residents'
level of care needs.
   (3) Process for ensuring the individual facility's ability to
serve clients at each level of care they intend to provide.
   (4) Recommendations for a supplemental rate structure based on the
services required at Levels II and III to be provided for residents
who need those levels of care and are recipients of SSI/SSP. These
rates shall be in addition to the basic SSI/SSP rate for providing
care supervision and shall reflect actual costs of operation for
residential care facilities for the elderly.
   (5) Procedures for assessment and certification of SSI/SSP
recipients, by county social services departments to allow for
administration of the supplemental rate structure.
   (6) Procedures for evaluating and monitoring the appropriateness
of the levels of care determined for SSI/SSP recipients.
   (c) Implementation of the levels of care system shall consider the
applicability of the 1985 level of care report developed by the
California Health and Human Services Agency  , so as
 to ensure continuity in the residential care facility for
the elderly program as outlined under this chapter.