By CANHR is supporting, opposing and/or closely following the following pieces of legislation this session. This list is subject to change. Please check www.canhr.org for updated details on legislation, and leginfo.legislature.ca.gov for information on specific bills.
CANHR Sponsored Bills
AB 737 (Eggman) – Residential Care Facilities for the Elderly: Licensing and Regulation
This bill improves the information available to the Department of Social Services’ Community Care Licensing Division (CCLD) when deciding whether to approve or deny an application to operate a Residential Care Facility for the Elderly (RCFE). Often, CCLD cannot identify the individuals who want to own or operate an RCFE, whether they have operated other facilities, and their operational or regulatory compliance history.
Status: SIGNED INTO LAW!
Read the Bill
SB 314 (Dodd) – Elders and Dependent Adults: Abandonment
This would add “abandonment of an elder or dependent adult” as a cause of action under the Elder and Dependent Adult Civil Protection Act of the Welfare and Institutions Code (EADACPA). Currently, EADACPA can only be used in instances where there has been physical abuse, neglect, or financial abuse.
Status: SIGNED INTO LAW!
Read the Bill
CANHR Support
AB 50 (Kalra) – Assisted Living Waiver
This bill would improve the Assisted Living Waiver (ALW) Program by increasing the number of participant slots, expanding the geographic service area, and requiring the state to state minimum wage increases are reflected in the provider reimbursement rate.
Status: Held in Appropriations Committee.
Read the Bill
AB 506 (Kalra) – Long Term Health Facilities
This bill enhances the state nursing home enforcement system by: 1) increasing the penalties for state citations issued against nursing homes to keep up with inflation and 2) updating the criteria for AA citations (those that cause the death of a resident) from the old “direct proximate cause of death’ standard to the more clear “substantial factor” standard used by courts.
Status: Vetoed by the Governor.
Read the Bill
AB 1042 (Wood) – Home Upkeep Allowance
Maintaining a residence outside of a nursing home is a major obstacle for Medi-Cal beneficiaries in nursing homes who want to return home. Under current law, beneficiaries are permitted to retain a Home Upkeep Allowance of $209 per month, and the rest of their income must be applied to Share of Cost for nursing home care. This bill would base the Home Upkeep Allowance on the actual cost of maintaining the home, up to 100 percent of the federal poverty level.
Status: Held in Appropriations Committee.
Read the Bill
AB 1088 (Wood) – Medi-Cal Eligibility
This bill would stop seniors and persons with disabilities from yo-yoing between free and Share of Cost Medi-Cal.
Status: Signed into law.
Read the Bill
SB 214 (Dodd) – California Community Transitions Program
This bill would require California to continue to administer the California Community Transitions program under the federal Money Follows the Person Rebalancing Demonstration. If federal matching funds are unavailable, the bill would require the department to fund the program.
Status: Held in Appropriations Committee.
Read the Bill
CANHR Oppose
AB 1709 (Jones-Sawyer) – Nursing homes: Staff
This nursing home industry sponsored bill would modify qualifications for nursing home administrators by allowing administrators from other states to apply for licensure in California if they hold certification from the American College of Health Care Administrators even if they do not meet existing educational requirements in California. It would also make other changes to related requirements.
Status: Dead.
Read the Bill
SB 40 (Weiner) – Conservatorship: Serious Mental Illness and Substance Abuse Disorders
This bill would permit a temporary conservatorship process in San Diego, Los Angeles, and San Francisco counties without notice to the proposed conservatee or an opportunity to contest. SB 40 is clearly unconstitutional.
Status: Signed into law.
Read the Bill
CANHR Watch
AB 1695 (Carrillo) – Changes in Nursing Home Ownership
This bill has been like a rollercoaster ride. Initially it would have set a 90-day deadline for the Department of Public Health (DPH) to act on nursing home licensing applications when ownership is changing to determine if new operators are fit. CANHR supported that version of the bill. Then it was amended to give nursing home operators permission to run a nursing home without a determination of fitness by DPH if it missed the 90-day review deadline. CANHR strongly opposed that version of the bill. The current version of the bill on the Governor’s desk does not have either of the above provisions. What is left of it would give most nursing home employees some short-term job protection during changes of ownership and give residents and their representatives 90-day advance notice of planned ownership changes.
Status:Signed into law.
Read the Bill