Governor Brown Signs 10 RCFE Bills

       While this incremental reform is a step in the right direction, it is certainly not the sweeping structural changes advocates were hoping for at the beginning of the legislative session.  The impact of all of these bills is now in the hands of an already over-burdened Department of Social Services, whose track record suggests limited ability to enforce compliance and to influence improved quality of care. However, this flurry of attention and activity should signal to the industry that the veil has been lifted.  The writing on the wall says advocates and consumers will be demanding more.

The Governor signed the following bills today: 

* AB 1570 by Assemblymember Wesley Chesbro (D-Arcata): Increases training requirements for licensees and direct care staff of residential care facilities for the elderly.

* AB 1751 by Assemblymember Richard H. Bloom (D-Santa Monica): Requires resident representation on governing boards of residential care facilities for the elderly and quarterly reporting of financial statements.

* AB 1899 by Assemblymember Cheryl Brown (D-San Bernardino): Prohibits the reinstatement of a license for licensees of residential care facilities for the elderly who abandon a facility, resulting in a threat to the residents’ health and safety.

* AB 2044 by Assemblymember Freddie Rodriguez (D-Pomona): Enacts additional staffing and health and safety requirements at residential care facilities for the elderly.

Just Say No! Contributed by The San Diego Elder Law Center

Involuntary Discharges from Skilled Nursing/Rehabilitation Facilities  

Clients frequently contact us when a family member has been discharged to a skilled nursing/rehabilitation facility after a hospitalization, only to be told by the facility they need to return home far before they are ready.  The encouragement to leave the facility is often accompanied by an explanation, such as "We have no custodial beds", or "Medicare has stopped paying", "Your Dad has reached his rehab potential", or maybe without any explanation at all.  The news if often delivered in a fashion that seems to leave little room for discussion.  People who willingly accept these explanations and leave are considered "voluntary discharges".  If, however, it seems to be premature or without adequate planning, and you are willing to say so, a skilled nursing facility, whether or not they call themselves a "rehabilitation" facility, cannot discharge unless they prove adequate legal grounds.

Our response to a request for advice in such a situation is almost always the same: "JUST SAY NO!".

Under Federal law, there are only six reasons a resident of a skilled nursing facility may be discharged:

Need A Crash Course in Assisted Living 101? Watch Our Webinar.

CARR was recently invited to share what we know about California's assisted living industry by the Caregiver Coalition.  The Caregiver Coalition of San Diego offers a series of webinars focused on topics relevant to those caring for an aging relative and professionals in the field of aging.

You can now access valuable information about assisted living in California and making an informed placement decision anywhere you can access the internet at a time convenient for you.

To access the webinar click here and search under Webinar Registration.  If after watching you would like more detailed information or would like to share this information with friends, CARR is happy to present to any size audience any of our presentations

Governor Brown Signs Into Law AB 1523- RCFE's Must Now Carry Liability Insurance

The UT San Diego's coverage of California's push to reform its assisted living industry continues.  (Additional coverage included here.)

In its report, 6Beds Inc., a group of small home providers, expressed concern that the additional cost of mandatory liability insurance will 'force small facilities to close their doors and subsequently leave seniors with reduced care options'.

As sponsor of AB 1523, CARR conducted substantial research on the implications of mandatory liability insurance; chief among them, the issue of affordability.  The overall results of our research are depicted in Table I below and showed that the average monthly cost to a small, 6-bed facility would amount to approximately $50 per month per resident.  A reasonable amount by any standard. 

Syndicate content