Bill Text: CA AB559 | 2013-2014 | Regular Session | Introduced
Bill Title: Residential care facilities for the elderly.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB559 Detail]
Download: California-2013-AB559-Introduced.html
BILL NUMBER: AB 559 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gordon
(Principal coauthor: Senator Hill)
(Coauthor: Assembly Member Brown)
FEBRUARY 20, 2013
An act to amend Section 1569.145 of the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 559, as introduced, Gordon. Residential care facilities for the
elderly.
Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure of residential care
facilities for the elderly by the State Department of Social
Services. Existing law exempts from these provisions specified
facilities, including general acute care hospitals, clinics, and
recovery houses for individuals with drug or alcohol addiction.
This bill would add to the list of facilities that are exempt from
regulation as a residential care facility for the elderly a home or
facility approved and annually reviewed by the United States
Department of Veterans Affairs as a medical foster home, as defined,
in which care is provided exclusively to three or fewer veterans.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.145 of the Health and Safety Code is
amended to read:
1569.145. (a) This chapter shall not apply
to any of the following:
(a)
(1) A health facility, as defined by Section 1250.
(b)
(2) A clinic, as defined by Section 1200.
(c)
(3) A facility conducted by and for the adherents of a
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of that church or denomination.
(d)
(4) A house, institution, hotel, congregate housing
project for the elderly, or other similar place that is limited to
providing one or more of the following: housing, meals,
transportation, housekeeping, or recreational and social activities;
or that have residents independently accessing supportive services,
provided, however, that no resident thereof requires an element of
care and supervision or protective supervision as determined by the
director. This subdivision shall not include a home or residence that
is described in subdivision (f).
(e)
(5) Recovery houses or other similar facilities
providing group living arrangements for persons recovering from
alcoholism or drug addiction where the facility provides no care or
supervision.
(f) (1)
(6) (A) An arrangement
for the care and supervision of a person or persons by a family
member.
(2)
(B) An arrangement for the care and supervision of a
person or persons from only one family by a close friend, whose
friendship preexisted the contact between the provider and the
recipient, and both of the following are met:
(A)
(i) The care and supervision is provided in a home or
residence chosen by the recipient.
(B)
(ii) The arrangement is not of a business nature and
occurs only as long as the needs of the recipient for care and
supervision are adequately met.
(g) (1)
(7) (A) (i) Any
housing occupied by elderly or disabled persons, or both, that is
approved and operated pursuant to Section 202 of Public Law 86-372
(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42
U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section
236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives
mortgage assistance pursuant to Section 221d(3) of Public Law 87-70
(12 U.S.C. Sec. 1715 l ), where supportive services are
made available to residents at their option, as long as the project
owner or operator does not contract for or provide the supportive
services.
(B)
(ii) Any housing that qualifies for a low-income
housing credit pursuant to Section 252 of Public Law 99-514 (26
U.S.C. Sec. 42) or that is subject to the requirements for rental
dwellings for low-income families pursuant to Section 8 of Public Law
93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or
disabled persons, or both, where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.
(2)
(B) The project owner or operator to which paragraph
(1) applies may coordinate, or help residents gain access to, the
supportive services, either directly, or through a service
coordinator.
(8) A home or facility approved and annually reviewed by the
United States Department of Veterans Affairs as a medical foster
home, as defined in Section 17.73 of Title 38 of the Code of Federal
Regulations, in which care is provided exclusively to three or fewer
veterans.
(h)
(9) A similar facility determined by the director.
(i)
(b) For purposes of this section, "family member" means
a spouse, by marriage or otherwise, child or stepchild, by natural
birth or by adoption, parent, brother, sister, half brother, half
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece,
aunt, uncle, first cousin, or a person denoted by the prefix "grand"
or "great," or the spouse of one of these persons.
(j)
(c) A person shall not be exempted from this chapter's
licensure requirements if he or she has been appointed as conservator
of the person, estate of the person, or both, if the person is
receiving care and supervision from the conservator as regulated by
this chapter, unless the conservator is otherwise exempted under
other provisions of this section.
