NEW LAWS EFFECTIVE JANUARY 1, 2015
REGULATION UPDATES
Assembly Bill (AB) 1572
Makes changes to Resident Council and Family Council requirements including, but not limited to, informing and promoting requirements by the licensee and requiring licensees to post the text of Health and Safety Code section 1569.157 with a heading “Rights of Resident Councils” in a prominent place in the facility accessible to residents, family members, and resident representatives. A violation of Resident Council and Family Council requirements will result in a daily civil penalty of $250 until the violation is corrected.
AB 1899
A licensee who abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement.
AB 2044
Requires at least one administrator, facility manager, or designated substitute who is at least 21 years of age and meets specified requirements to be on the premises 24 hours per day. RCFE’s are required to have sufficient number of staff employed and scheduled to provide the care required in each resident’s record of care; ensure the health, safety, comfort, and supervision of the residents; ensure that at least one staff member who has cardiopulmonary resuscitation (CPR) training and first aid training be on duty and on the premises at all times; and, ensure that the facility is clean, safe, sanitary, and in good repair at all times. This bill also adds a new direct care staff training requirement to include building and fire safety and the appropriate response to emergencies.
AB 2171
Adds the Resident’s Bill of Rights to the Health and Safety Code. Requires licensees to advise and provide a copy of the rights in the Resident’s Bill of Rights and the personal rights in regulations. The licensee must have each resident and the resident’s representative sign and date a copy of the resident’s rights and the licensee must include a signed and dated copy in the resident’s record. The licensee must post a copy of the resident’s rights in the facility and must also post these rights in other languages when five percent or more of the residents can only read that other language.
AB 2386
Requires RCFEs to have one or more functioning carbon monoxide detectors in the facility that meet specified standards. Requires the Department to account for these detectors during inspections.
Senate Bill (SB) 895
Requires licensees to remedy deficiencies within 10 days of notification, unless otherwise specified in the plan of correction. Requires licensees to post a poster designed by the Department that contains information on the appropriate reporting agency in the case of a complaint or emergency. This poster will be available on the Department’s website at http://www.dss.cahwnet.gov/cdssweb/FormsandPu_271.htm.
SB 1153
Authorizes the Department to prohibit a licensee from admitting new residents when the licensee is cited for a violation that presents a direct and immediate risk to the health, safety, or personal rights of a resident of the facility, and the violation is not corrected immediately. In addition, the Department may order a suspension on new admissions when the facility has
failed to pay a fine assessed by the Department after the facility’s appeal rights have been exhausted. A licensee has a right to appeal the suspension on admissions under these circumstances. Please note that the Department will only issue these suspensions on admissions for the most serious violations and regulations will be developed outlining this appeal process.
SB 1382
Increases initial and annual licensing fees by approximately 10% based on the capacity of the facility. This increase will be reflected on your next licensing invoice.
NEW LAWS EFFECTIVE JULY 1, 2015
AB 1523
Requires all RCFEs, except those facilities that are an integral part of a continuing care retirement community, to maintain liability insurance covering injury to residents and guests, caused by the negligent acts or omissions to act of, or neglect by, the licensee or employee, in an amount of at least $ 1 Million per occurrence and $3 Million in the annual aggregate.
AB 2236
New civil penalties were added for all facility types licensed by the CCLD including, but not limited to RCFEs. A civil penalty of $15,000 shall be issued for a violation that the Department determines resulted in the death of a resident. A civil penalty of $10,000 shall be issued for a violation that the Department determines constitutes physical abuse, as defined in Welfare and Institutions Code section 15610.63 or resulted in serious bodily injury, as defined in Welfare and Institutions Code section 15610.67. Prior to the issuance of these civil penalties, the decision shall be approved by the Director. A licensee may submit a written request for an appeal and when this appeal process is exhausted through the Deputy Director, the licensee may appeal the assessment of these civil penalties to an administrative law judge.
NEW LAWS EFFECTIVE JANUARY 1, 2016
AB 1570
Increases training hour and topic requirements for administrators and direct care staff in RCFEs. Enhances the administrator certification process specific to the exam, core of knowledge and training methods.
SB 911
Increases training hour and topic requirements for administrators and direct care staff in RCFEs. Prohibits RCFEs from discriminating or retaliating against a resident, employee, or other person for contacting 911. Requires licensees providing care to residents with prohibited or restricted health conditions to ensure that care is provided by specified professionals under specified conditions
NEW REGULATIONS EFFECTIVE JANUARY 2014
AB261
* Within 3 days of becoming aware of a resident’s death, a written notice is provided to the deceased resident’s authorized responsible person regarding contract termination at death and conditions of any refunds at death
* Within 15 days of the deceased resident’s personal property has been removed , issue a refund of any fees paid in advance.
AB 581: (Resident)
“ The licensee, or officer or employee of the licensee may not discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction, against any resident on the basis, or for the reason that, the resident has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the Department or request for investigation with the local or state ombudsman pursuant to prescribed provisions of law.
AB 937:
“ The conservator’s control of the conservatee or resident shall not extend to personal rights retained by the conservatee or resident, including but not limited to the right to receive visitors, telephone calls, and personal mail, unless specifically limited by a court order. Also in Personnel Policies section pertaining to staff.
AB 581 (Staff):
“ The licensee, or officer or employee of the licensee may not discriminate or retaliate in any manner against any employee on the basis, or for the reason that, the employee has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the Department or request for investigation with the local or state ombudsman pursuant to prescribed provisions of law.
AB 620 has to do with Absentee Notification Plan (AWOL): The licensee should at a minimum do the following. Please add language to comply.
The licensee will:
1. The administrator or administrator designee or facility authorized representative will contact by telephone the resident’s responsible person immediately in the event the resident was observed missing from the facility.
2. The administrator or administrator designee or facility authorized representative will contact by telephone local law enforcement and report a missing person.
3. The administrator or administrator designee or facility authorized representative will complete LIC 624/Unusual Incident Report and mail/fax to licensing a resident’s absence from the facility, including the resident’s current physician report and needs and services plan and information that law enforcement was notified.
AB 633: Emergency Procedures
“ The licensee shall not adopt or enforce any policy prohibiting an employee from voluntarily providing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, in response of a medical emergency at the facility.”.