California has a growing problem of nursing homes being operated by unsuitable, unapproved, and unaccountable persons and entities. AB 1502 would reform ownership and management of skilled nursing facilities by establishing suitability standards for persons and entities seeking to own, operate, or manage skilled nursing facilities in California and directing the California Department of Public Health (CDPH) to thoroughly screen all applicants and related parties.
Many residents of California skilled nursing facilities (“SNFs”) and Intermediate Care Facilities (“ICFs”) face a terrible prospect in the ongoing COVID pandemic: involuntary transfer to new facilities, sight unseen, far from their families and support networks. AB 279 would prohibit the owner of an ICF or SNF from ceasing to deliver or making significant changes to residential care services, or from transferring a resident to another facility, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19), except if the owner files for bankruptcy.
Californians are paying more for nursing home care, for fewer residents, than ever before and we are not getting our money’s worth. Despite spending nearly six billion dollars a year, complaints against facilities are at record highs and the care provided is often abysmal. Nursing homes are using complex ownership structures to siphon unprecedented amounts of money to “related parties,” allowing corporate home offices to hide their profits and support facilities’ claims for yet more public money.
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.
This bill would authorize information relevant to the incident of elder or dependent adult abuse to be given to a federal law enforcement agency. Status: Signed by Gov. Newsom Read the Bill Read CANHR Support Letter
This bill would amend the rights of residents of RCFEs, in those facilities with existing internet service, to add the right to have available at least one internet access tool with videoconference technology as part of the facility’s activity program. Status: Signed by Gov. Newsom Read the Bill Download Fact Sheet Sample Support Letter
This bill would prohibit a skilled nursing facility from contracting with a medical director if the person is not, or will not be within 5 years, certified by the American Board of Post-Acute and Long-Term Care Medicine as a Certified Medical Director. Status: Signed by Gov. Newsom Read the Bill Read CANHR Support Letter
Since 1982, California nursing home residents have had a “private right of action” (the ability to sue) for violations of their rights. Last year, the state Supreme Court ruled that nursing homes that violate the rights of residents may only be held liable for $500 maximum, regardless of how many rights a facility violates and how egregious those violations are.
Nursing homes investors are increasingly setting up “related party” businesses to avoid accountability and hide profits. AB 1042 would help counter that trend by establishing shared standards and liability for entities that have shared ownership and control. Specifically, the bill would make related parties liable for a nursing home’s unpaid State fees and fines. Status: Signed by Gov. Newsom Read the Bill
This bill would extend eligibility for full-scope Medi-Cal benefits to undocumented individuals who are 65 or older. Status: Referred to Assembly Appropriations Read the Bill Read CANHR Support Letter
This bill responds to a remarkable investigation and series of articles by the Los Angeles Times on audacious, widespread fraud by hospices in Los Angeles County, which has seen explosive growth of for-profit hospices that has given it the highest concentration of hospices in the nation. SB 664 would impose a qualified moratorium on the issuance of new hospice licenses until 365 days after the California State Auditor publishes a report on hospice licensure or when it is repealed on January 1, 2027, whichever is soonest.
This bill would require an RCFE referral agency to provide certain disclosures to seniors, and to maintain a minimum amount of liability coverage, but does not provide oversight or sufficient enforcement mechanisms. Status: Status: Ordered to the inactive file Read the Bill Read CANHR Oppose Unless Amended Letter