Assemblyman Al Muratsuchi’s bill to prevent involuntary discharges during the pandemic Please support AB 279 (Muratsuchi), sponsored by California Advocates for Nursing Home Reform, which would prohibit certain long term care resident evictions during the COVID-19 pandemic. The bill will be heard on April 13th, so it is important to submit your letters of support no later than noon on April 7th.
The facilities with the worst COVID-19 outbreaks are by and large those with long histories of deficient infection prevention and control, and chronic understaffing. While no facility may have anticipated a pandemic of this magnitude, those that were particularly ill-equipped have fared the worst during this pandemic. AB 6 (Levine) would require Department of Public Health (CDPH) and the Department of Social Services (DSS) to mandate health and safety guidelines for use by skilled nursing facilities, intermediate care facilities and congregate living health facilities that are providing postacute care during a pandemic, public health crisis or other emergency.
Huge nursing home chain discharged patients improperly, California prosecutors allege
This article is related to Assembly Bill 279 and Senate Bill 650, both Sponsored by CANHR. By Richard Winton, Anita Chabria, Los Angeles Times, March 15 2021 California Atty. Gen. Xavier Becerra, pictured during a Sept. 5 news conference, is part of the lawsuit against Brookdale Senior Living Inc.(Rich Pedroncelli / Associated Press) A coalition of California prosecutors has sued the nation’s largest senior living operator, alleging it ignored laws that protect patients when they are discharged from skilled nursing facilities and that it exaggerated the level of care to the federal government’s nursing home rating system.
Watchdog groups laud proposals to improve nursing home care and call for other changes
This article is related to SB 650 (Stern), sponsored by CANHR. By Rachel Baldauf, The Washington Post, March 9 2021 Legislative action targets infection control and financial transparency Patient advocacy groups are praising two proposals by state and federal lawmakers aimed at improving infection-control protocols and financial transparency in nursing homes, struck by a crushing stretch of deaths since the start of the pandemic.
2020 California Legislation
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 www.leginfo.ca.gov for information on specific bills. CANHR Sponsored Bills AB 2408 (Grayson) – Reverse Mortgage Suitability Worksheet Bill This legislation will improve the existing Reverse Mortgage Suitability Worksheet by addressing additional areas of concern: problems for the non-borrowing spouse, communication problems with loan servicers, and property tax problems due to home improvement contracts.
2019 California Legislation
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).
2018 California Legislation
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 3211 (Kalra) Advance Health Care Directives This bill updates California’s statutory Advanced Healthcare Directive to simplify the choices related to organ donation and encourage a more complete explanation of the principal’s preferences.
2017 California Legislation
CANHR supported, opposed and/or closely followed the following pieces of legislation for the 2017 legislative session. Review the fact sheets and find sample letters of support below for each bill. CANHR Support AB 275 (Wood): Strengthening Closure Protections for Nursing Home Residents AB 275 would take modest steps to enhance protections for nursing home residents during a facility closure.
2016 California Legislation
CANHR is sponsoring or co-sponsoring the following bills for the 2016 legislative session. Review the fact sheets and find sample letters of support below for each bill. Sponsored Medi-Cal Estate Recovery Reform Signed into Law California’s budget bill, SB833, was signed by the Governor in June. The bill incorporates the provisions of SB 33 and includes the most comprehensive Medi-Cal Reform measures since 1993.
2015 California Legislation
The following bills are the CANHR sponsored, supported, and opposed legislation for the 2015 legislative session. Sponsored SB 33 (Hernandez): Medi-Cal Recovery Reform – Now a 2-year bill. This bill would limit Medi-Cal recovery for those who are 55+ years of age to only what is required by federal law, and eliminate optional recovery for other services; eliminate recovery on surviving spouses’ estates; and allow hardship exemptions for homesteads of modest value.
2014 California Legislation
The following bills include the RCFE Reform Act of 2014, the Medi-Cal Recovery reform, and other bills that CANHR sponsored or supported this legislative session. RCFE Reform Act of 2014 AB 1523 (Atkins): RCFE Liability Insurance – Signed into law. Effective July 1, 2015, each Residential Care Facility for the Elderly, as a condition of licensure, will be required to obtain and maintain liability insurance.
Elder Financial Abuse – Undue Influence • AB 140 (Dickinson) In determining whether the outcome was produced by undue influence, the vulnerability of the victim, the influencer’s apparent authority, the actions or tactics used by the influencer, and the equity of the result shall be considered. Effective January 1, 2014. Military Endorsements Advertising – Elder Financial Abuse • SB 272 (Corbett) prohibit any nongovernmental entity to use a seal or emblem to imply any connection or endorsement of any federal or state military, veteran or Veterans Service Organization (VSO), without approval, for the purpose of financial gain.
The RCFE Residents Foreclosure Protection Act of 2011 • SB 897 (Leno) requires RCFE licensees to notify the Department of Social Services and the facility residents and their representatives when the facility is in financial distress such as foreclosure or bankruptcy. It provides for civil penalties and loss of licensure when a facility fails to notify residents and a resident is subsequently relocated and suffers transfer trauma.
Elder Financial Restitution Act • SB 611 (Steinberg) extends the ability to freeze the assets of a perpetrator of financial abuse against an elder or dependent adult in order to create an opportunity for the victim to regain property. Effective January 1, 2008. RCFE Relocation Protection Act • AB 949 (Krekorian) provides relocation protections for residents when a Residential Care Facility for the Elderly closes such as 60 day notice, individualized relocation plan, plan approval by licensing for facilities with 7 or more beds, refund of some preadmission fees, and a private right of action.
RCFE Special Services • SB 540 (Soto) requires a facility that advertises or promotes special care, programming or environments for residents with a health related condition to provide an accurate narrative description of these programs and services. Effective January 1, 2004. RCFE Admission Agreements • SB 211 (Dunn) requires all RCFE admission agreements to include detailed explanations of fees and services, explanations of billing and payment, information regarding residents’ rights, and makes copies of the agreement available to the public.
Senior Fraud Protection Act of 2000 • AB 2107 (Scott) establishes duty of honesty, good faith and fair dealing for insurance transaction involving elders; establishes protections from the sale and marketing of annuities for the purposes of long term care planning; and amends the fiduciary abuse laws to protect elders and dependent adults. Effective January 1, 2001.
Nursing Home Ownership Disclosure • SB 1649 (Mello) amends the law to require nursing home ownership disclosure changes to be disclosed at the annual renewal and makes this information available to the public. Effective January 1, 1997. Liens on Homes of Nursing Home Residents and Surviving Spouses • SB 412 (Marks) eliminates the ability to impose liens on the homes of nursing home residents or the surviving spouses of deceased residents who received Medi-Cal.
Medi-Cal Notice • SB 69 (Mello) requires nursing homes to provide every resident or applicant and their representative a notice of spousal impoverishment and Medi-Cal rights. Effective January 1, 1988. Transfer Trauma • AB 2196 (Friedman) establishes policies to reduce transfer trauma when nursing home residents are being transferred to another facility. These policies must include a medical assessment of the patient’s condition, counseling services, evaluation of relocation needs, 30 day advance notice, and appropriate arrangements for future medical care.
Column: How did a home built for Japanese American seniors become the state’s deadliest nursing facility?
This article is related to AB 279 (Muratsuchi), sponsored by CANHR. By Frank Shyong, Los Angeles Times, March 1 2021 A wave of coronavirus infections and deaths hit the Kei-Ai Los Angeles Healthcare Center over the holidays. It has recorded at least 97 COVID-19 deaths. (Allen J. Schaben / Los Angeles Times) Tracy and her family agonized over moving her grandmother from the nursing facility in Boyle Heights where she had lived comfortably for four years, especially in the middle of a pandemic.
Receivership Reform • SB 1220 (Mello) expands the powers and duties of a receiver when a nursing home is in receivership; disallows certain debts. Effective January 1, 1987. Responsible Parties • AB 3943 (Agnos) prohibits nursing homes from requiring a responsible party to sign the admission agreement as a condition of admission. Effective January 1, 1987.