SB 875 (Glazer): Referral Source for Residential Care Facilities for the Elderly

A repeat of AB 499 (Rubio) from 2022, vetoed by the Governor, this bill is again sponsored by “A Place for Mom,” a national, multi-million dollar referral agency. This bill seeks to amend California law governing referral agencies for Residential Care Facilities for the Elderly (RCFEs) to provide accountability, but instead weakens current standards of responsibility and creates unnecessary communication and compliance barriers.

AB 1537 (Wood): Direct Care Spending Requirement for Skilled Nursing Facilities

This bill would require, no later than July 1, 2024, the establishment of a direct patient-related services spending, reporting, and rebate requirement for skilled nursing facilities, with exceptions. Under the direct patient-related services spending requirement, the bill would require that a minimum of 85% of a facility’s total non-Medicare health revenues from all payer sources in each fiscal year be expended on residents’ direct patient-related services, as defined.

AB 1906 (Gipson): Persons With Disabilities: Terminology

This bill would change those terms in selected statutes to “person with a disability” and “adult with a disability” and would state the intent of the Legislature that those terms be changed in the remaining code sections provisions of law that use them as changes are made to the code those statutes are amended in the future.

AB 1911 (Gómez Reyes): RCFE Complaint Investigation Reforms

A bill to make the RCFE complaint process more timely and efficient. AB 1911 puts an end to Community Care Licensing’s (CCL) practice of informally screening complaints and not telling complainants their issue is not going to be investigated. The bill also imposes investigation deadlines for RCFE complaints that aligns with deadlines for nursing home complaint investigations, and requires written notice to the complainant when a complaint is received and assigned for investigation.

AB 2356 (Wallis): Increase Medi-Cal Personal Needs Allowance for Nursing Home Residents

Currently, nursing home residents on Medi-Cal must pay almost all their monthly income as a share of cost to their facility, and are only allowed to keep a $35 personal needs allowance. For most, this amount does not even allow them to pay for a cell phone bill, or purchase new clothing. This bill would increase the monthly maintenance amount for personal and incidental needs from $35 to $50, and would require that the amount be increased annually, as specified.

AB 2075 (Alvarez): Designated Support Person Access during Public Health Emergencies

This bill codifies recommendations made by the statewide Long-Term Care Facility Access Policy Workgroup to ensure long term care facility resident access to designated support persons and other critical service providers during public health emergencies.  Co-sponsored with the Office of the State Long Term Care Ombudsman. Status: N/A

SB 1354 (Wahab): Medi-Cal Discrimination

This bill prohibits long term care facilities from discriminating against Medi-Cal beneficiaries in any manner, including, but not limited to, admission practices, room selection and placement, meals provision and waiting time for surgical procedures. Long term care facilities often refuse to serve Medi-Cal beneficiaries or terminate their services when their payment source is switched to Medi-Cal.

2023 California Legislation

CANHR supported, opposed, and closely followed the below pieces of legislation during the 2023 session. Please check www.canhrlegislation.com for updated details on current legislation, and www.leginfo.ca.gov for information on specific bills. CANHR Sponsored Bills AB 48 (Aguiar-Curry): Informed Consent  This bill would codify and expand existing informed consent rules to ensure nursing home residents are given important information about drugs that are prescribed for them and anopportunity to consent or withhold consent.  Status: Enrolled and presented to the Governor. 

AB 48 Sample Support Letter – Governor

If submitting electronically, please copy the text below, and we encourage you to add your personal stories and perspective to it. If submitting by mail you can DOWNLOAD A WORD FILE to edit and print out. Your support letter can be sent via email to leg.unit@gov.ca.gov Honorable Governor Gavin Newsom1021 O Street, Suite 9000Sacramento, California 95814 sent via email to leg.unit@gov.ca.gov RE: AB 48 (Aguiar-Curry) – Request for Signature Dear Governor Newsom: Please sign AB 48, a very important bill to protect nursing facility residents from the excessive use of psychotropic drugs.  Despite dangerous side effects, condemnation by care providers, and a decade-long national and state campaign to reduce the inappropriate use of psychotropic drugs in nursing homes, well over half of California nursing home residents are being given psychotropic drugs.  The rate of psychotropic drug use in nursing homes has alarmingly increased since the pandemic, as more facilities have turned to sedating drugs to control and manage residents.  Ten years after a California Department of Public Health initiative found that 63% of surveyed facilities violated residents’ informed consent rights, informed consent violations remain routine and pervasive.

AB 1309 Sample Support Letter – Governor

If submitting electronically, please copy the text below, and we encourage you to add your personal stories and perspective to it. If submitting by mail you can DOWNLOAD A WORD FILE to edit and print out. Your support letter can be sent via email to leg.unit@gov.ca.gov Honorable Governor Gavin Newsom1021 O Street, Suite 9000Sacramento, California 95814 sent via email to leg.unit@gov.ca.gov RE: AB 1309 (Gómez Reyes) – Request for Signature Dear Governor Newsom: I write to you in support of AB 1309, a bill that would help curtail the epidemic of unsafe evictions from California nursing homes.

AB 979 Sample Support Letter – Governor

If submitting electronically, please copy the text below, and we encourage you to add your personal stories and perspective to it. If submitting by mail you can DOWNLOAD A WORD FILE to edit and print out. Your support letter can be sent via email to leg.unit@gov.ca.gov Honorable Governor Gavin Newsom1021 O Street, Suite 9000Sacramento, California 95814 sent via email to leg.unit@gov.ca.gov RE: AB 979 (Alvarez) – Request for Signature Dear Governor Newsom: I write to you in support of AB 979, a bill that would facilitate the formation and maintenance of family councils in long term care facilities.  Family councils are critically important to supporting family members and residents and maintaining high quality care in long term care facilities.

2022 California Legislation

CANHR supported, opposed, and closely followed the below pieces of legislation during the 2022 session. Please check www.canhrlegislation.com for updated details on current legislation, and www.leginfo.ca.gov for information on specific bills. CANHR Sponsored Bills AB 1663 (Maienschein): Conservatorship The Britney Spears conservatorship case exposed deep flaws within California’s probate conservatorship system – demonstrating how easily people can become trapped in a conservatorship and how difficult it is to escape.

AB 48 Sample Support Letter

If submitting electronically, please copy the text below, and we encourage you to add your personal stories and perspective to it. If submitting by mail you can DOWNLOAD A WORD FILE to edit and print out. Your support letter can be uploaded using the Position Letter Portal at https://calegislation.lc.ca.gov/Advocates/. You will have to create an account if you do not already have one. 

The ‘most important nursing home bill in decades’ nears passage in California

This article is related to AB 1502, Sponsored by CANHR. By Eli Kirshbaum, State of Reform, May 23 2022 According to supporters of Assembly Bill 1502, a number of nursing home operators in California are running their facilities without proper licenses, and their unregulated practices are significantly undermining patient care. The California Department of Public Health (CDPH), according to the bill, is allowing this to continue through lax oversight practices.

National Academy of Science Calls for Bold Reform of Nursing Home Care

On April 6, 2022, the National Academy of Sciences, Engineering and Medicine’s Committee on the Quality of Care in Nursing Homes released a 605 page report – The National Imperative to Improve Nursing Home Quality; Honoring Our Commitment to Residents, Families and Staff – that is meant to be a blueprint for desperately needed reform of nursing home care.

State Auditor Blasts California Department of Public Health for Enabling Large-Scale Hospice Fraud, Abuse and Neglect

A scathing March 29, 2022 report by Michael Tilden, Acting California State Auditor, charged that the California Department of Public Health “essentially enabled hospice agency operators who are possibly fraudulent to continue functioning, putting patients at serious risk of not receiving appropriate care.” The long-awaited report opens with a letter to the governor and legislative leaders that states: “Indicators strongly suggest that a network or networks of individual perpetrators in Los Angeles County are engaging in a large and organized effort to defraud the Medicare and Medi-Cal hospice programs.

California Nursing Home Industry Seeks to Cash-In on Pandemic Tragedies

Raising the wages of nursing home caregivers is smart. Trusting nursing homes with even more hundreds of millions of taxpayer dollars is dumb. On March 2, 2022, the California Association of Health Facilities (CAHF) – a trade group representing nursing home operators – announced a legislative proposal for California to fund a living wage for certified nursing assistants (CNAs).

2021 California Legislation

CANHR has supported, opposed, and/or closely followed the below pieces of legislation this session. Please check www.canhrlegislation.com for updated details on legislation, and www.leginfo.ca.gov for information on specific bills.  CANHR Sponsored Bills  AB 279 (Muratsuchi): Prohibiting Resident Eviction During the Pandemic 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.