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Legislation

2011 Legislation

A complete bill chart of all the bills CALA is sponsoring, supporting, opposing or watching in the 2011 legislative session.

2012 New Requirements

The Governor recently signed two Assisted Living bills. As of January 1, 2012, new disclosure and reporting requirements established by AB 313 (Monning) and SB 897 (Leno) have taken effect. Both bills are intended to keep residents informed about financial, legal and regulatory situations that could cause residents to be relocated. CALA worked on significant amendments to both bills and was neutral on the versions that were ultimately signed into law. CCLD is now working on its Implementation Plans for these bills which it hopes to release before the end of the year. A summary of the key components of these bills, along with links to the final bill language, is available below. Additional compliance information, including the CCLD Implementation Plans, will be included in future CALA Updates.

Click on the bill to access the full text.

AB 313 (Monning) Resident Notice of Revocation/Suspension Action
This bill was a response to a license revocation that led to approximately 50 residents being given 14 days notice to relocate. In order to prevent such a short notice that could overwhelm the neighboring region, AB 313 establishes requirements to alert residents and their responsible parties when the revocation process has begun. While not all revocation actions actually end in revocation or closure of the facility, this bill alerts residents to situations that could put their housing and care arrangement at risk.

Notice and Posting Requirements
Licensees must provide written notice to residents, responsible party, and local ombudsman within 10 days of:

  • CCLD commencing proceedings to suspend or revoke the license
  • Criminal action related to health and safety brought against the facility

The notice must include:

  • Name and contact information for CCLD and local ombudsman
  • A statement that the CCLD representative can be contacted for information on the license status
  • Reasons given for the commencement of proceeding to suspend or revoke the license or criminal action

Licensees must post a notice (written in 14-point font) in a conspicuous location (near mail boxes, facility license, etc.) that must include:

  • Date
  • Name of facility
  • Statement that the most recent licensing report, and any additional reports within the preceding 12 months, is available at the facility
  • Name and telephone number of the CCLD contact person for more information on the license status

The notice shall be posted until the deficiencies that gave rise to the notice are resolved.

Civil Penalty
A civil penalty of $100 for each day of the failure to provide notification shall be imposed. This is per day, regardless of the number of notices. The total fine is not to exceed $5000.

Closure Law to Apply to Revocations
Current statute provides for specific steps that govern transfers due to forfeiture of license or change of use of the facility in order to minimize possible transfer trauma. AB 313 adds license revocation to the situations that trigger these requirements. Beginning January 1, 2012, if a license is revoked, the licensee must:

  • Prepare a relocation evaluation for each resident
  • Discuss the relocation evaluation with residents and responsible parties
  • Issue a 60-day eviction notice
  • Apply preadmission fee refunds, if any
  • Issue final relocation information to CCLD within 10 days of all residents having left the facility

Additional Requirements for RCFEs Licensed for Seven or More Residents
If seven or more residents will be transferred as a result of the revocation, AB 313 applies the current closure plan and relocation assistance requirements that currently apply to forfeiture or change of use. This means that a revocation of a license for seven or more residents will require the licensee to submit a closure plan to CCLD, among other things.

Responsible Party Clarification
AB 313 clarifies that the resident’s responsible party is "designated in writing by the resident."

SB 897 (Leno) Foreclosure Protection Act
This bill is in response to facility closures and resident transfers resulting from the housing crisis. The intent is to provide residents and regulators with notice of situations that may lead to relocations due to foreclosure.

Notice Requirement
Beginning January 1, 2012, licensees shall notify CCLD, the State Long-Term Care Ombudsman, all residents, and their legal representative (if any), within two business days and shall notify applicants for potential residence and their representative, prior to admission, of any of the following events or knowledge of the event:

  • A notice of default, notice of trustee’s sale, or any other indication of foreclosure is issued on the property
  • An unlawful detainer action is initiated against the licensee
  • The licensee files for bankruptcy
  • The licensee receives a written notice of default of payment of rent (described in Section 1161 of the Code of Civil Procedure)
  • A utility company has sent a notice of intent to terminate electricity, gas, or water service on the property within not more than 15 days of the notice

CCLD Response
Upon receipt of the notice required pursuant to subdivision (a), the department shall initiate a compliance plan, noncompliance conference, or other appropriate action.

Civil Penalty
A licensee who fails to comply with this section may be liable for civil penalties up to $100 for each day of the failure to provide notification. The total civil penalty shall not exceed $2,000. If a resident is relocated without the notification required by this section, and suffers transfer trauma or other harm, CCLD may also suspend or revoke the licensee’s license and issue a permanent revocation of the licensee’s ability to operate or act as an administrator. (CCLD currently has this authority.)

2009-2010 Legislation

2007-2008 Legislation

Implementation Plans

New laws go into effect on January 1st of each year.  It can take years, however, for the new statutory requirements to be reflected in RCFE regulations.  Some changes are “self-implementing” and never go into regulation. This member’s only section of the CALA website will keep you informed. CALA archives DSS Chaptered Legislation Implementation Plans accessible by year and topic for members’ convenience.