Press Release: Governor Newsom Signs Five of Six Nursing Home PROTECT Plan Reform Bills

CONTACTS: Patricia McGinnis, Executive Director, CANHRpatm@canhr.org (415) 974-5171  Anthony Chicotel, Senior Staff Attorney, CANHRtony@canhr.org (415) 974-5171 Governor Newsom Signs Five of Six Nursing Home PROTECT Plan Reform Bills Berkeley, CA – This week Governor Newsom signed into law five out of six reform bills that respond to the tragic conditions nursing home residents face in California and the growing public awareness during the pandemic that residents are often being neglected, abused, mistreated and exploited.

Urge the Governor to Sign Nursing Home Reform Bills!

For the first time in over a decade, the legislature has passed multiple major nursing home reform bills and Governor Newsom is weighing whether to sign them.  Please help support better nursing home care by writing to the governor and urging him to sign SB 650, AB 849 and AB 279.   SB 650 (Stern), the Corporate Transparency in Elder Care Act, is co-sponsored by California Advocates for Nursing Home Reform, SEIU, and AARP and would require nursing homes to account for public funds that corporate chains are increasingly diverting from resident care through shadowy side transactions with related parties.

SB-650 Sample Support Letter to 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. Governor Gavin NewsomState Capitol, 1st FloorSacramento, CA 95814 sent via email to leg.unit@gov.ca.gov RE: SB 650 (Stern) – Signature Requested Dear Governor Newsom: I am writing in support SB 650, a bill that will bring much-needed corporate transparency to public nursing home spending.

AB-849 Sample Support Letter to 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. Governor Gavin NewsomState Capitol, 1st FloorSacramento, CA 95814 sent via email to leg.unit@gov.ca.gov RE: AB 849 (Gómez Reyes) – Signature Requested Dear Governor Newsom: I urge you to sign AB 849, a bill that will restore a critical tool for protecting the rights and well-being of nursing home residents.  Nursing home residents have been living a nightmare of isolation and death and they are in dire need of the private right of enforcement that was lost during the COVID-19 pandemic.  Residents whose rights are violated are now limited to $500 in damages, no matter how many or how egregious the violations.  This creates an intolerable situation where harmful nursing home conduct becomes profitable.    Health and Safety Code Section 1430(b) was enacted to protect and ensure the rights of people living in nursing homes.  Last year, 1430(b) was dealt a devastating blow when the State Supreme Court ruled that the maximum damages available to residents / victims whose rights have been violated was $500, regardless of the severity or number of violations.  As acknowledged by some of the Justices, the decision could not have come at a worse time for nursing home residents.  Complaints against nursing homes are at an all-time high and the California Department of Public Health has never been less able to protect the rights and welfare of residents.  Years of lax enforcement and the Supreme Court’s decision means there are virtually no repercussions for nursing homes that break the rules.  AB 849 will deter harmful conduct in nursing homes and restore residents’ ability to seek damages for each violation they have suffered.  The bill is an essential piece of the legislature’s 2021 PROTECT Plan, a package of bills aimed at reforming nursing homes to improve state oversight, financial transparency, accountability, and ultimately enhance care for all residents.

CA Legislature Passes ‘Eviction Moratorium’ For Senior Home Residents During Pandemic. But It’s Too Late For Some.

This article is related to AB 279, Sponsored by CANHR. By Josie Huang, LAist, August 30, 2021 Tomiko Nakayama, 93, had hoped to stay at her senior home in Boyle Heights for the rest of her life. (Josie Huang/LAist) Tomiko Nakayama watched anxiously as the lunch crowd at her senior care facility for Japanese Americans rapidly thinned over the summer.

Nursing Home Improvement and Accountability Act Introduced in U.S. Senate

On August 11, Senator Ron Wyden, Chairman of the Senate Finance Committee, Senator Bob Casey, Chairman of the Senate Aging Committee, and several other senators introduced the Nursing Home Improvement and Accountability Act of 2021. The bill aims to increase transparency, accountability and oversight in nursing homes, improve staffing and support innovation in the structure and culture of nursing homes.

Support H.R. 3733: New Federal Legislation to Protect Resident Visitation in Future Pandemics

On June 30, Congressmembers Claudia Tenney and John Larson introduced H.R. 3733, a bipartisan bill that would guarantee nursing home residents’ right to critical in-person support from up to two essential caregivers, even during a pandemic.  The essential caregivers are designated by the resident or the resident’s representative and would have up to 12 hours of access to the resident each day.  

Support AB 279: Temporarily Halt Long Term Care Evictions During the Pandemic

Assemblymember Muratsuchi’s bill to temporarily halt evictions from nursing homes (SNFs) and intermediate care facilities (ICFs) during the pandemic state of emergency will soon face a vote on the Assembly floor—in the face of strong resistance from industry lobbyists. AB 279 would prohibit the owner of an ICF or SNF from involuntarily 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.

COVID-19 le arrebata la vida a uno de cada cuatro californianos en asilos

Este artículo está relacionado con todo el PROTECT Plan. Por: Araceli Martínez Ortega, La Opinión, 04 de Mayo 2021 Muchos adultos mayores perdieron la vida en los asilos de California debido a COVID. (Getty Images/AFP) Susana Hernández ha trabajado por 14 años como cocinera en un hogar para ancianos y personas discapacitadas en la ciudad de Davis, California.  “Al igual que mis compañeros, me contagié del virus y desafortunadamente lo llevé a mi casa e infecté a mi hija de 13 años y a mi hermano.

New reform measures target fraud, kickbacks in California’s end-of-life care industry

This article is related to SB 664, Supported by CANHR. By Kim Christensen, Los Angeles Times, April 30 2021 A well-worn office building on Victory Boulevard in Van Nuys is home to more than a dozen hospice providers. Los Angeles County hospices have multiplied sixfold in the last decade and now account for more than half of the state’s roughly 1,200 Medicare-certified providers.

Save Our Seniors Urges Department of Health to Reject Sakura ICF ‘Transition Plan’

This article is related to AB 279 (Muratsuchi), sponsored by CANHR. By Rafu Shimpo, Los Angeles Japanese Daily News The following letter was sent on April 5 to Cassie Dunham, acting deputy director of the California Department of Public Health, by Taiji Miyagawa and David Emiliano Zapata Maldonado, Ph.D. on behalf of the Save Our Seniors Network Coordinating Committee.

OPPOSE AB-499

AB 499 seeks to amend California law governing referral agencies for assisted living facilities (known in California as Residential Care Facilities for the Elderly or RCFEs) to provide accountability, but instead creates unnecessary communication and compliance barriers. Specifically, while the bill allows referral agencies to provide information to seniors about its services and fees verbally, it requires seniors to submit a written request if they want to receive such information in writing.

Support AB-636

Currently, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) establishes procedures and requirements for reporting instances of known or suspected abuses or neglect of a California elder or dependent adult. Information relevant to the incident is to be given to specified investigators, including investigators from an adult protective services agency, a local law enforcement agency, and the probate court.

SUPPORT AB-279!

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.

AB-6 Support

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).