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.
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.