You can already verify if your doctor, veterinarian, attorney and hairdresser have breached the public trust and violated licensing regulations via publicly available lists. CARR would like to see the same transparency provided for consumers of long-term care services. EPAAL will do just that. But, CARR cannot be the only voice. We need your help and support to get AB 1122 passed.
To make it easy, CARR has drafted a support letter for you to use as is, or to modify to reflect concerns. Since AB 1122 will be heard in two committees, we need two letters of support from you. (Please note that using your letterhead improves the visibility of your support.)
Since the process is somewhat time consuming, CARR is willing to submit signed letters on your behalf. Simply print out the letters on your letterhead, sign and email to email@example.com or snail mail to us at P.O. Box 82123, San Diego, CA 92138.
On 2 March 2015, Kamala D Harris, Attorney General of California signed an Amended Felony Complaint containing 14 counts each of Elder or Dependent Adult Abuse against Valley Springs Manor RCFE Licensee Herminigilda Noveda Manuel, and the facility's Administrator, Edgar Babael. In October 2013, these individuals abandoned the Valley Spring Manor, leaving 14 medically needy and some bedridden residents to fend for themselves.
According to reports at the time, the licensing agency, Department of Social Services, Community Care Licensing (DSS/CCL) issued a Temporary Suspension Order (TSO) against the facility, a move which required the licensee to immediately relocate the residents. Rather than relocate the 14 residents, Manuel and Babael abandoned the facility, leaving two facility employees to care for these individuals; help arrived several days later when they contacted 9-1-1 advising of the dire conditions.
Assembly Member Cheryl R. Brown (D - San Bernardino) introduced the “Excluded Persons Administrative Action List,” or ‘EPAAL’ legislation on Friday 27 February 2015. AB 1122 as it is now known, will require the Department of Social Services, Community Care Licensing (DSS/CCL) to publish on its website a list of all persons who have been excluded from owning, operating and/or working inside any licensed care facility as a result of an Administrative Law proceeding.
AB 1122 will provide convenient online access to EPAAL, allowing assisted living residents, consumers and service providers to assure the caregivers and staff they hire have no prior history of behaviors which endangered the health or safety of an elder.
There is no mandatory requirement for DSS/CCL to refer elder neglect, abuse or other egregious behaviors perpetrated against seniors residing in assisted living facilities to outside law enforcement, therefore few crimes perpetrated against elders in licensed care facilities are ever prosecuted. Instead, through Administrative Law proceedings, DSS/CCL can permanently or temporarily prohibit a person from working in a licensed care facility. Yet, because the individual was never brought to justice through the criminal court system, the administrative sanction does not appear in criminal background checks. This makes continued access to vulnerable populations easy and significantly elevates the need for DSS/CCL to publish its list of excluded persons and related administrative actions.