CARR's Legislation and Reform articles keep consumers and interested professionals apprised of trending issues in the both the legislation and reform arenas.
A CARR core value is advocacy for stricter regulations, and tighter enforcement of existing California Code of Regulations, Title 22, Division 6, Chapter 8 for the sole purposes of raising the bar for resident quality-of-care, assuring the resident receives the basic human rights of a safe, clean, and dignified living environment, and enhancing the quality-of-life for residents of assisted living facilities.
A related principle is to educate the consumer on how to select a facility for a family member, what to expect from the facility once the family member is a resident, and what about the system isn't working for the resident or the consumer. Therefore, CARR will post three types of information to help consumers educate themselves about the regulation and enforcement of Title 22, and specifically how regulation and enforcement affect the quality of care received by the resident.
CARR's advocates Chrisy Selder and Chris Murphy trekked to Sacramento to attend the 11 February 2014 oversight hearings called by Joint Chairs of the Human Services Committee: Senator Yee and Assemblyman Stone. The legislators heard from 13 hand-picked individuals across the spectrum of stakeholders.
The genesis of these hearings was a direct result of two events: the constellation of investigative reports ("Deadly Neglect") on assisted living in San Diego published by the UTSanDiego on 9 September 2013, and the October bungled closure of a Castro Valley RCFE where CCL closed the facility but did not provide for the care or relocation of the residents; 48 hours after being abandoned by the licensee and the regulators, 19 residents were found still living in the facility, unattended and in squalor.
CARR-sponsored AB 1523, requiring all assisted living facilities in California to carry liability insurance, went into effect 7/1/15. This legislation, co-authored by Assembly Speaker Toni Atkins and Assembly Member Shirley Weber, closed a 30 year old regulatory gap.
Prior to its passing in August 2015, CARR's research found that approximately 87% of San Diego RCFEs elected to not carry liability insurance, despite caring for frail, dependent seniors. CARR believes this marks a major step forward for consumer protections inside assisted living facilities. CARR encourages seniors and their families to ask for proof of liability insurance when considering a facility for placement.
Update: 2/15/2016. Assembly Member Brown declined, for unknown and unclear reasons, to continue to carry this bill during the 2016 - 17 legislative session. The bill is officially dead.
CARR renewed discussions with Assembly Member Brown's office to enhance the proposed legislative text for AB1122. We will be rolling out our legislative information campaign in November 2015 to familiarize legislators on key committees with the bill and its value to consumers. We will be educating legislators on the need for a statutory remedy that allows consumers to do an on-line check to assure the person they were hiring as a caregiver was not a person who had received a lifetime ban from Department of Social Services, Community Care Licensing.