Legislative Update

SIGNED

AB 2288 (KALRA) & SB 92 (UMBERG) PAGA REFORM

The Governor signed two PAGA reform measures that represent the work of the FixPAGA coalition and other stakeholders.  AB 2288 (Kalra) and SB 92 (Umberg) took effect immediately upon signing. Click here for details on the PAGA changes. The changes were hard fought and represent a substantial improvement over the current system. According to the FixPAGA campaign, the changes “ensure workers retain a strong tool to resolve labor claims and receive fair compensation, while limiting the shakedown lawsuits that hurt employers and employees. Because these bills were enacted, the PAGA reform ballot initiative have been removed from the November ballot. CALA was a strong supporter of the initial ballot measure and the legislative solution to reform PAGA. CALA will continue to work with Diane O’Malley and the team at Hanson Bridgett to keep members informed as implementation gets underway.

AB 2689 (BAINS) ALZHEIMER’S DISEASE/DEMENTIA RESEARCH VOLUNTARY TAX CONTRIBUTION FUND

The governor signed AB 2689, an Alzheimer’s Association bill supported by CALA, that extends the current voluntary tax contribution check off through 1/1/32. Funds are distributed through CDPH to provide research grants to scientists studying Alzheimer’s disease and related disorders.

SUPPORT

AB 1993 (KALRA) RCFE UP TO 8 BEDS

CALA supports this bill to allow the smallest RCFEs to expand from six residents to up to 8 while still being treated like a family residence for local zoning and “use” purposes and licensing standards and building codes continue to be met.  This bill would have originally expanded six beds to accommodate up to 10 residents, but it was amended down to 8 as it passed out of the Assembly Appropriations Committee. This bill will be heard next in the Assembly Appropriations Committee.

AB 2075 (ALVAREZ) RESIDENT ACCESS PROTECTION ACT

CALA strongly supports the goal of this bill to ensure that residents in RCFEs, CCRCs and other long-term care settings have the right to visitors during a pandemic, with safety measures in place. Keeping older adults from their loved ones for extended periods of time was detrimental to overall well-being and should be avoided. CALA secured needed amendments, including the deletion of language that would have required licensees to translate public health guidance into an unlimited number of languages, would have put PPE supplies intended for staff at risk, and would have required RCFEs to manage a list of designated individuals (with no limit to the number or frequency of change), among other things. AB 2075 will be heard next in the Senate Appropriations Committee.

AB 2104 (SORIA) COMMUNITY COLLEGES: BACCALAUREATE DEGREE IN NURSING PILOT PROGRAM

Originally this bill would have created a pilot program at 15 community colleges throughout the state to develop a Bachelor of Science in Nursing degree. AB 2104 passed out of the Assembly Appropriations Committee with amendments to limit the bill to 10 pilot programs. This bill will be heard next in the Senate Appropriations Committee.

AB 2207 (REYES) STATE BOARDS AND COMMISSIONS: REPRESENTATIVES OF OLDER ADULTS

AB 2207, sponsored by the California Commission on Aging, would expand several state boards and commissions to add various representatives, including the Executive Director of the California Commission on Aging, the Director of the California Department of Aging, or both, or other representatives from organizations that serve or advocate on behalf of older adults. This bill will be heard next in the Senate Appropriations Committee.

AB 2541 (BAINS) PEACE OFFICER TRAINING: WANDERING

This bill would require the Commission on Peace Officer Standards and Training (POST) and experts on Alzheimer’s disease and related dementias to develop guidelines to help address unsafe wandering. This bill provides an important step forward for ensuring communication among and within various law enforcement agencies, emergency management agencies and transportation providers, among others and implementing technology solutions to help coordinate and locate missing Californians with cognitive impairment. AB 2541 is in the Senate.

AB 2620 (BAINS) CALIFORNIA COMMISSION ON AGING

AB 2620 is sponsored by the California Commission on Aging and would make changes that allow the Commission to function more easily and would also require commissioners to have some professional, lived or academic expertise relating to aging. This bill is currently in the Senate.

AB 2680 (AGUIAR-CURRY) ALZHEIMER’S DISEASE

This is an Alzheimer’s Association sponsored bill similar to previous bills CALA supported that would rename the Alzheimer’s Disease and Related Disorders Advisory Committee and expand the number of committee members. AB 2680 is waiting to be heard on the Senate Floor.

AB 2694 (WARD) DENSITY BONUS LAW

This bill would add RCFEs to the definition of “senior citizen housing” to clarify that RCFEs qualify for a 20% density bonus and density bonus could be achieved even without the provision of affordable housing. AB 2694 waiting to be heard on the Senate Floor.

SB 639 (LIMON) MEDICAL PROFESSIONALS: COURSE REQUIREMENTS

This two-year bill, sponsored by the Alzheimer’s Association, was recently amended to require medical professionals with 25% or more of their patient population age 65 or older to complete at least 20% of all mandatory continuing education hours in a course in the field of gerontology, the special care needs of patients with dementia, or the care of older patients. This bill is waiting to be heard in the Assembly Appropriations Committee.

895 (ROTH) COMMUNITY COLLEGES: BACCALAUREATE DEGREE IN NURSING PILOT PROGRAM

This bill is similar to AB 2104, in that it would also create a Bachelor of Science in Nursing degree program at the community college level. SB 895 also requires equitable access between northern, central and southern parts of the state in choosing the colleges that would be part of the pilot program. SB 895 is waiting to be heard in the Assembly Appropriations Committee.

SB 1106 (RUBIO, S.) THE KASEM-NICHOLS-ROONEY LAW

SB 1106 would add an “interested person” to the current list of individuals to be notified of certain actions, including moving a conservatee from their current or personal residence, and would additionally require conservators to provide notification to these specified individuals of a conservatee’s funeral, burial, or memorial arrangements. This bill is currently in the Assembly.

SB 1249 (ROTH) MELLO-GRANLUND OLDER CALIFORNIANS ACT

SB 1249 strengthens the Area Agencies on Aging throughout the state to help ensure a well-organized and efficient long-term services and supports infrastructure which is vital to meet growing demand by older Californians. This bill is waiting to be heard on the Assembly Floor.

SB 1352 (WAHAB) CCRCS

CALA was initially opposed unless amended to SB 1352 due to anti-discrimination language that would have inadvertently undermined the very foundation of the continuing care contracts. CALA successfully advocated to have that language amended out of the bill and instead focus on ensuring residents receive notice of their rights that correspond to the location to which they are moving or transferring. CALA was able to move to a support position with technical amendments that ensure the law is clear. SB 1352 is waiting to be heard on the Assembly Floor.

OPPOSE

AB 2773 (Kalra) ELDERS AND DEPENDENT ADULTS: ABUSE OR NEGLECT

This bill is another attempt to lower the burden of proof in elder abuse lawsuits to make it easier for plaintiffs to pursue an award of attorneys’ fees. AB 2773 would remove judicial discretion and automatically lower the standard of proof in elder abuse cases against RCFEs and skilled nursing facilities from clear and convincing evidence to preponderance of the evidence if the plaintiff shows that evidence was destroyed or concealed in connection with the litigation. While such action is completely unacceptable, strong remedies currently exist, which is why former Governor Brown vetoed the same proposal in 2017. CALA is part of a coalition opposing this bill. Unfortunately, the bill passed out of Senate Judiciary Committee on a party line vote and is waiting to be heard on the Senate Floor. Amendments adopted in committee failed to remove our opposition.

OPPOSE UNLESS AMENDED

AB 1911 (Reyes) Residential Care Facilities: Complaints

This bill would make several changes to the CCLD complaint investigation process, focused primarily on complainants. The most objectional provision in the bill, allowing complainants to accompany state staff on complaint investigations, has been deleted from the bill, as CALA urged. Still in the bill is language to create a new multi-step appeal process for complainants, despite the current backlogs CCLD is facing in many of its core functions, although the bill was amended to phase in the investigation timeline. CALA opposes this bill unless it is amended to remove the new appeal process that threatens to create further backlogs in existing functions. This bill was placed on the Assembly Appropriations Committee suspense file due to anticipated high fiscal cost to the state.

OPPOSITION REMOVED

SB 1406 (Allen) RCFE RATE INCREASE CAPS

CALA secured amendments to the price control portion of this bill to reflect the service and workforce intensive nature of RCFEs and to remove the provision that creates a statutory right to refuse services and prohibition on RCFEs providing and charging for those services, which would have resulted in an unraveling of RCFE licensure and risk resident health and wellbeing. SB 1406 passed out of the Assembly Human Services Committee and will be heard next in the Assembly Appropriations Committee.

DEAD BILLS

These bills are no longer moving forward.

AB 3232 (M. DAHLE) LICENSED REGISTERED NURSES AND LICENSED VOCATIONAL NURSES: NURSE LICENSURE COMPACT

This bill would have allowed California to join the nurse licensure compact so nurses from other states that are part of the compact can practice in California and vice versa, which CALA strongly supported.

SB 875 (GLAZER) REFERRAL AGENCIES

CALA has long supported disclosure and transparency for referral agencies. This bill was the ninth attempt to establish consumer disclosure, protections and basic licensing for referral agencies. Amendments proposed by the Assembly Human Services Committee would have added onerous reporting requirements including that the referral agency verbally communicate all substantiated complaints and citations within five years for every RCFE they refer if there has been any verbal communication without an opt out. Prospective residents and families would be overwhelmed with information that can be confusing, inaccurate at times, and outdated. Concerns from the bill’s sponsor, A Place for Mom, about unraveling the referral agency industry due to this requirement and others led them to ask Senator Glazer to hold the bill this year while they continue working on language to reintroduce next year.