Bill Text: CA AB737 | 2019-2020 | Regular Session | Amended
Bill Title: Residential care facilities for the elderly: licensing and regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-08-30 - Chaptered by Secretary of State - Chapter 180, Statutes of 2019. [AB737 Detail]
Download: California-2019-AB737-Amended.html
Amended
IN
Assembly
April 01, 2019 |
Assembly Bill | No. 737 |
Introduced by Assembly Member Eggman |
February 19, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires any applicant that is a firm, association, organization, partnership, business trust, corporation, or company, to provide evidence as to the reputable and responsible character of individuals or entities that hold a beneficial ownership interest of 10% or more. Existing law defines beneficial ownership
for these purposes as an ownership interest through the possession of stock, equity in capital, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee.
This bill would revise the definition of beneficial ownership to include an ownership interest through the possession of real property.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
As used in this chapter:
(a)“Administrator” means the individual designated by the licensee to act on behalf of the licensee in the overall management of the facility. The licensee, if an individual, and the administrator may be one and the same person.
(b)“Beneficial ownership interest” means an ownership interest through the possession of stock, equity in capital, real property, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee. The percentage of beneficial ownership
in the applicant or licensee that is held by any other entity is determined by multiplying the other entities’ percentage of ownership interest at each level.
(c)“Care and supervision” means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident’s physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care.
(d)“Chain” means a group of two or more licensees that are controlled, as defined in this section, by the same persons or entities.
(e)“Control” means the ability to direct the operation or management of the applicant or licensee and includes the ability to exercise control through intermediary or
subsidiary entities.
(f)“Department” means the State Department of Social Services.
(g)“Director” means the Director of Social Services.
(h)“Health-related services” mean services that shall be directly provided by an appropriate skilled professional, including a registered nurse, licensed vocational nurse, physical therapist, or occupational therapist.
(i)“Instrumental activities of daily living” means any of the following: housework, meals, laundry, taking of medication, money management, appropriate transportation, correspondence, telephoning, and related tasks.
(j)“License” means a basic permit to operate a residential care facility for the elderly.
(k)“Parent organization” means an organization in control of another organization either directly or through one or more intermediaries.
(l)“Personal activities of daily living” means any of the following: dressing, feeding, toileting, bathing, grooming, and mobility and associated tasks.
(m)“Personal care” means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort.
(n)“Protective supervision” means observing and assisting confused residents, including persons with dementia, to safeguard them against injury.
(o)(1)“Residential care facility for the elderly” means a housing arrangement chosen
voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316.
(2)This subdivision shall be operative only until the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70.
(p)(1)“Residential care facility for the elderly” means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and
intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316.
(2)This subdivision shall become operative upon the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70.
(q)“Sundowning” means a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening.
(r)“Supportive
services” means resources available to the resident in the community that help to maintain their functional ability and meet their needs as identified in the individual resident assessment. Supportive services may include any of the following: medical, dental, and other health care services; transportation; recreational and leisure activities; social services; and counseling services.