Bill Text: CA AB895 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly: notice to prospective residents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-27 - Chaptered by Secretary of State - Chapter 577, Statutes of 2022. [AB895 Detail]
Download: California-2021-AB895-Amended.html
NOYES
Local Program:
NO
SECTION 1.
Bill Title: Skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly: notice to prospective residents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-27 - Chaptered by Secretary of State - Chapter 577, Statutes of 2022. [AB895 Detail]
Download: California-2021-AB895-Amended.html
|
Amended
IN
Assembly
March 18, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 895
| Introduced by Assembly Member Holden |
February 17, 2021 |
An act add Section 1569.381 to, and to add and repeal Article 10 (commencing with Section 1569.900) of Chapter 3.2 of Division 2 of, the Health and Safety Code, relating to residential care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 895, as amended, Holden.
Residential care facilities: living conditions. conditions.
The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act specifically requires the department to promulgate regulations for a license that prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services provided to residents. The act specifically requires the department to conduct unannounced inspections of licensed residential care facilities for the elderly and to inspect these facilities as often as necessary to ensure the
quality of care provided.
This bill would require the department, on or before July 1, 2022, and every month thereafter, to post on its internet website every inspection report for every licensed residential care facility for the elderly within 5 years from the date of posting.
This bill would require the department to administer a pilot program in 2 volunteer counties from January 1, 2024, to January 1, 2027, inclusive, to test the appropriate criteria to evaluate the quality of residential care facilities for the elderly. The department would be required to consider evaluation criteria proposed by a pilot program stakeholder group in developing the pilot program. The bill would further require the department
to report the results of the pilot program to the Legislature on or before July 1, 2027. The bill would repeal these provisions on January 1, 2029.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensing and regulation by the State Department of Social Services of residential care facilities for the elderly, primarily serving persons 60 years of age or over. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the department of adult residential facilities, primarily serving adults under 60 years of age. Under existing law, residents of those facilities have the right to be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.
This bill would state the intent of the Legislature to enact legislation that would ensure residential care facilities for the elderly and adult residential facilities are clean and safe and promote wellness for the seniors and persons
with disabilities who are served by those facilities.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1569.381 is added to the Health and Safety Code, immediately following Section 1569.38, to read:1569.381.
On or before July 1, 2022, and every month thereafter, the department shall post on its internet website every inspection report for every licensed residential care facility for the elderly within five years from the date of posting.SEC. 2.
Article 10 (commencing with Section 1569.900) is added to Chapter 3.2 of Division 2 of the Health and Safety Code, to read:Article 10. Rating System Pilot Program
1569.900.
(a) On or before January 1, 2023, the department shall establish a pilot program stakeholder group to propose criteria to be used to evaluate the quality of residential care facilities for the elderly during the pilot program. The department shall appoint individuals to the pilot program stakeholder group who represent the rights of residents, the department, residential care facilities for the elderly operators, long-term care ombudspersons, county public health officials, and other perspectives the department deems appropriate to create these criteria.(b) All meetings of the pilot program stakeholder group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).
1569.902.
(a) The department shall develop a pilot program to test the appropriate criteria to evaluate the quality of residential care facilities for the elderly. The department shall consider and may use the criteria proposed by the pilot program stakeholder group in developing the pilot program. The department may use other criteria it finds appropriate to test during the pilot program.(b) The department shall offer every county the opportunity to volunteer for participation in the pilot program and shall select two counties to participate. A county that participates in the pilot program does so on a volunteer basis only.
1569.904.
The department shall administer the pilot program in the two counties from January 1, 2024, to January 1, 2027, inclusive.1569.906.
The department shall report the results of the pilot program to the Legislature on or before July 1, 2027, in compliance with Section 9795 of the Government Code.1569.908.
This article shall remain in effect only until January 1, 2029, and as of that date is repealed.It is the intent of the Legislature to enact legislation that would ensure residential care facilities for the elderly and adult residential facilities are clean and safe and promote wellness for the seniors and persons with disabilities who are served by those facilities.
