Welcome to Consumer Advocates For RCFE Reform

CARR's first round of Pop-Up Senior Coaching Clinics is complete.  CARR hosted 14 Clinics from March 2019 through June 2019.  The average age of participants was 75 years old, with issues ranging from systems navigation to housing to employment.  91% of participants "understood their options better" after their session and 91% said they would recommend the Coaching Clinics to others.  Read on for links to additional results.

More trending news …

You've probably seen the Reveal articles on RCFE worker exploitation:  "Elder care homes rake in profits as legions of workers earn a pittance for long hours of care.  

The investigative reporter, Jen Gollan, contacted CARR over the last few months for background and details to make sure she was getting the content right.   After reading her expose, CARR recognized there was much unsaid.  This commentary is intended to level the playing field for consumers and policymakers, to give recognition to the broader issues at play and the assisted living facilities who are playing by the rules.

CARR, with Golden Gate Law (GGL) School’s Associate Professor of Law and Director of the Women’s Employment Rights Clinic, Hina Shah, has been pressing for legislation that would improve caregiver rights. Read on...

CARR turned 10 this year!  And, to celebrate we want to honor one of the communities we serve.

CARR Gives Back seeks to spotlight the San Ysidro Senior Center as the vibrant, community space it truly is.  Read on to learn more about CARR's Give Back Project and how YOU can be a part.

 CARR received notification from Lilys McCoy, the San Diego County Bar Association (SDCBA) president, that CARR is the 2019 recipient of the Distinguished Organization Award.  This award is given to a distinguished citizen or organization not composed primarily of lawyers or judges whose contributions over a period of time have had a significant and favorable impact on some facet of the legal system or legal community or civics education.  CARR will receive the honor at the 2019 Annual Awards Luncheon held by the SDCBA on May 1. 

Most of the public and many residents of assisted living facilities (also called residential care facilities for the elderly, or RCFEs) and their families will be surprised to learn that California's regulations allow an RCFE owner to accept, retain and store firearms, ammunition and other dangerous weapons (Title 22, Section 87309).  

What isn't included in the regulations are uniform requirements for safe and secure storage of these weapons, a weapons inventory for each firearm and type of ammunition stored, nor a public disclosure by the facility to residents and third-parties that firearms are or are not retained in the facility.   CARR is proud to have partnered with California State Senator Anthony Portantino (D - SD 25) to draft SB 172 - Firearms consisting of two parts: 

FREQUENTLY ASKED QUESTIONS (Click here for all the FAQs)

LIC 508 (LIC 508D): Criminal Record Statement

Answer:

State law (Health & Safety Code §1569.17) requires that persons associated with licensed facilities be fingerprinted and disclose any convictions. The LIC 508 or LIC 508D, completed during the application and hiring process, asks for any criminal history of Licensees and facility employees.

Criminal Record Clearance requirement for all RCFEs.

To view the actual document, visit the link below:

http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/LIC508.PDF

This FAQ is in category: Understanding CCLD Forms

See all the FAQs

Staff: Personnel Requirements

Answer:

Title 22, §87411

According to Title 22, facility personnel at all times must be sufficient in number and competency to provide services necessary to meet residents needs.  Additional staff should be employed as necessary to perform office work, cooking, housekeeping and facility maintenance.  For additional information, see FAQ Staffing in an RCFE.

All personnel who supervise and/or provide care to residents must be at least 18 years old, in good health as verified by a physician, must possess a current First Aid certificate, and must obtain a criminal record clearance from the Department of Justice. 

This FAQ is in category: Understanding Facility Practices

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Civil Penalties: What are?

Answer:

Title 22, §87761

Whenever a deficiency is noted during an inspection, CCL is required by law to issue a penalty notice (commonly called a citation). The Licensee is then on notice to correct the deficiency within a specified amount of time.   If a cited deficiency is not corrected within the specified amount of time , then a Civil Penalty (monetary damages) may be issued. Licensees are required to pay civil penalties; they range from $50 to $150 per day per violation.

Notwithstanding the above requirement, Civil Penalty  issues immediately under the following circumstances: 

This FAQ is in category: Understanding Inspection and Enforcement

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Allowable Health Conditions: General Requirements

Answer:

Title 22 § 87611 & § 87612

Here are the general requirements facilities must abide by when they accept and/or retain a resident with any of the following allowable health conditions: Oxygen administration, colostomy/ileostomy, IPPB, Contractures, Healing Wounds (bedsores - Stage I & II).

The facility must complete and maintain a current, written record of care for each resident that has one or more of these conditions.  This record must include, at a minimum, the following:

(1) Documentation from the physician that includes type of condition, stability of condition,  method of intervention, resident's ability to perform procedure and the appropriately skilled professional who will assist should resident require assistance with procedure.

This FAQ is in category: Understanding Facility Practices

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Staff: Direct Care

Answer:

Title 22, Section 87101(d)(7) defines "direct care staff" to mean ". . . the Licensee, or those individuals employed by the Licensee, who provide direct care to the residents, including but not limited to, assistance with activities of daily living."

Caregivers are direct care staff.

This FAQ is in category: TERMS

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Keep in touch with what’s happening in California about assisted living and RCFE legislation and related items.

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