2023-2024 Legislation
SIGNED
ASSISTED LIVING/RCFE/CCRCS
AB 839 (ADDIS) RCFE FINANCING – SUPPORT
AB 839 updates the California Health Facilities Financing Authority Act (CHFFA) to enable not-for-profit RCFEs to access CHFFA financing and funding programs. AB 839 corrects a discrepancy to the CHFFA program that only RCFEs that are associated with a skilled nursing facility have access to. CALA secured amendments that enabled us to support this bill.
AB 979 (ALVAREZ) LONG-TERM CARE: FAMILY COUNCILS – OPPOSITION REMOVED
This bill modernizes the existing family council statute for RCFEs and SNFs, primarily by recognizing virtual meetings and helping ensure designated individuals are aware of council meetings, among other things. CALA secured amendments to maintain the current response time for family council letters, maintain that “willful” interference is prohibited, and maintain that residents in RCFEs will not be prohibited from activities during family council meetings, among other things.
AB 1417 (WOOD) ELDER AND DEPENDENT ADULT ABUSE: MANDATED REPORTING – OPPOSITION REMOVED
CALA has been supportive of provisions that streamline the complex elder abuse reporting process and appreciates the amendments that at least partially acknowledge situations involving residents with dementia. CALA had concerns about reporting dementia-related altercations to law enforcement, however, federal law that requires such reports for nursing homes has set a precedent. CALA will continue to work with CLTCOA, the Alzheimer’s Association and other stakeholders on ways to mitigate any possible negative impact on those with dementia.
SB 1352 (WAHAB) RESIDENT RIGHTS—SUPPORT
CALA achieved its goal of eliminating language that would have had the unintended effect of undermining the very foundation of CCRC contracting and instead provided language to ensure that residents receive a copy of the resident rights that apply to them based on the licensed unit into which they are moving.
SB 1406 (ALLEN) RATE INCREASES—OPPOSITION REMOVED
The governor signed a significantly amended and scaled down version which now extends the notice of a rate increase from 60 days to 90 days (this does not apply to a change in a resident’s rate due to a change in the resident’s level of care). The bill also restates residents’ rights to request, refuse or discontinue services. CALA successfully advocated for removal of a related provision that would have prohibited RCFEs from delivering and charging for needed services.
WORKFORCE/EMPLOYMENT
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 was removed from the November ballot. CALA was a strong supporter of the initial ballot measure and the legislative solution to reform PAGA.
SB 525 (DURAZO) MINIMUM WAGE: HEALTH CARE WORKERS – OPPOSE
SB 525 imposes a $25 minimum wage for “health care workers” with various phase-in schedules based on factors including health care facility size, facility type and payor mix. Generally, RCFEs are not directly impacted, but RCFEs affiliated with an acute care provider or owned, operated or controlled by a general acute care hospital, acute psychiatric hospital, or the parent entity of a general acute care hospital, and for licensed skilled nursing facilities operated or controlled by a hospital or health system are included.
ALZHEIMER’S DISEASE/DEMENTIA
AB 2541 (BAINS) PEACE OFFICER TRAINING: WANDERING—SUPPORT
Requires the Commission on Peace Officer Standards and Training, in consultation with experts in dementia and autism, to develop guidelines and training by Jan. 1, 2026. This is an important step forward for ensuring training and communication among and within various law enforcement agencies, emergency management agencies and transportation providers, among others, and implementing technological solutions to help protect Californians with cognitive impairment.
AB 2680 (AGUIAR-CURRY) ALZHEIMER’S DISEASE—SUPPORT
This Alzheimer’s Association sponsored bill, similar to previous bills CALA supported, renames the Alzheimer’s Disease and Related Disorders Advisory Committee and expands the number of committee members. Unfortunately, amendments taken in the Senate removed proposed committee members that would have represented primary care physicians and first responders.
AB 2689 (BAINS) ALZHEIMER’S DISEASE/DEMENTIA RESEARCH VOLUNTARY TAX CONTRIBUTION FUND—SUPPORT
AB 2689, an Alzheimer’s Association bill supported by CALA, extends the current voluntary tax contribution check off through Jan. 1, 2032. Funds are distributed through CDPH to provide research grants to scientists studying Alzheimer’s disease and related disorders.
SB 639 (LIMON) MEDICAL PROFESSIONALS: COURSE REQUIREMENTS—SUPPORT
This two-year bill, sponsored by the Alzheimer’s Association, requires health care professionals serving older patients to receive continuing education specific to gerontology, the special care needs of patients with dementia, and the care of older patients, which will result in earlier diagnosis of Alzheimer’s disease and related dementias, increased access to innovative treatments and promote improved outcomes overall.
OLDER ADULTS
AB 2207 (REYES) STATE BOARDS AND COMMISSIONS: REPRESENTATIVES OF OLDER ADULTS—SUPPORT
Sponsored by the California Commission on Aging, this bill expands several state boards and commissions to add various representatives, including the Executive Director of the California Commission on Aging and other representatives from organizations that serve or advocate on behalf of older adults.
AB 2620 (BAINS) CALIFORNIA COMMISSION ON AGING—SUPPORT
This bill, sponsored by the California Commission on Aging, makes changes that allow the Commission to function more easily and also requires commissioners to have some professional, lived or academic expertise relating to aging.
SB 1106 (RUBIO, S.) THE KASEM-NICHOLS-ROONEY LAW—SUPPORT
Adds “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 additionally requires conservators to provide notification to these specified individuals of a conservatee’s funeral, burial or memorial arrangements.
SB 1249 (ROTH) MELLO-GRANLUND OLDER CALIFORNIANS ACT—SUPPORT
Updates the Older Californians Act to create a stronger and more efficient long-term services and supports infrastructure by increasing local control and promoting integrated, performance-based local programs.
OTHER
AB 2694 (WARD) DENSITY BONUS LAW—SUPPORT
This bill was introduced to make it easier for RCFEs that would like to utilize density bonus to do so without making it a requirement or adding an affordability component. CALA supported making this option available to interested RCFEs. Amendments taken near the end of session defined a “shared housing unit” to include a unit without an individual kitchen. CALA shared concerns with the sponsors that RCFEs with individual kitchens, which would be most except for Memory Care, might be excluded from the definition and from the density bonus. Assembly Housing consultants believe the language seems inclusive of units with and without kitchens but agree the language is ambiguous and there might be a need for clean-up language next year. It seems that local governments often do not count non-kitchen units as housing, which is likely why that language was added.
FAILED LEGISLATION
AB 21 (GIPSON) PEACE OFFICERS: TRAINING—SUPPORT
Would have required dementia-specific training for police officers.
AB 387 (AGUIAR-CURRY) ALZHEIMER’S DISEASE—SUPPORT
This bill, sponsored by the Alzheimer’s Association, would have expanded the number and representation on the Alzheimer’s Disease and Related Disorders Advisory Committee and rename it the Alzheimer’s Disease and Related Conditions Advisory Committee. This bill was held in the Senate Appropriations Committee.
AB 423 (MAIENSCHEIN) WANDERING TASKFORCE—SUPPORT
Would have created a wandering taskforce to make recommendations to the Governor and Legislature about unsafe wandering.
AB 770 (KALRA) 6 BEDS
Would have allowed a six bed RCFE to add capacity consistent with the size of the home it’s located in, while still enjoying the exemption from conditional use permits and other related zoning requirements that currently apply to six beds.
AB 1911 (REYES) RESIDENTIAL CARE FACILITIES: COMPLAINTS—OPPOSE UNLESS AMENDED
This bill would have made several changes to the CCLD complaint investigation process, focused primarily on complainants. It also included a new appeal process that would have threatened to create further backlogs in existing functions. CALA was able to obtain some needed changes, like deleting authority for complaints to join the LPA on the investigation but remained “oppose unless amended” due to the remaining concerns related to a new massive CCLD workload that threatened to redirect work from current core functions that are already backlogged. AB 1911 was held on suspense.
AB 1993 (KALRA) RCFE UP TO 8 BEDS—SUPPORT
This bill would have allowed the smallest RCFEs to expand from six residents to up to eight while still being treated like a family residence for local zoning and “use” purposes and licensing standards and building codes continue to be met. CALA supported this bill and previous versions to help expand care and housing options for older adults. The bill was sponsored by the CA Commission on Aging and 6Beds. Unfortunately, AB 1993 was held on suspense.
AB 2075 (ALVAREZ) RESIDENT ACCESS PROTECTION ACT—SUPPORT
CALA strongly supported 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. Unfortunately, AB 2075 was held on suspense.
AB 2104 (SORIA) AND SB 895 (ROTH) COMMUNITY COLLEGES: BACCALAUREATE DEGREE IN NURSING PILOT PROGRAM—SUPPORT
These similar bills would have created pilot programs at 10 community colleges throughout the state to develop a Bachelor of Science in Nursing (BSN) degree looking at a balance between the various parts of the state and considering areas of underserved nursing areas.
AB 2773 (KALRA) ELDERS AND DEPENDENT ADULTS: ABUSE OR NEGLECT—OPPOSE
CALA was part of an opposition coalition to fight against this bill which would have lowered the standard of proof in elder abuse cases against RCFEs and SNFs when spoliation (intentional destruction of evidence) had been proven. Judges currently have a range of significant and appropriate penalties available should the rare case of spoliation occur. This bill would have removed that discretion, mandated a lowering of the burden of proof, and would have incentivized plaintiff attorneys to allege spoliation in every case in order to gain more favorable settlements. In 2017, Gov. Jerry Brown vetoed this same bill for these reasons. CALA applauds Gov. Newsom for his veto.
AB 3232 (M. DAHLE) LICENSED REGISTERED NURSES AND LICENSED VOCATIONAL NURSES: NURSE LICENSURE COMPACT—SUPPORT
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 375 (ALVARADO-GIL) EMPLOYMENT: EMPLOYER CONTRIBUTIONS: EMPLOYEE WITHHOLDINGS: COVID-19 REGULATORY COMPLIANCE CREDIT—SUPPORT
Would have provided a COVID compliance tax credit to employers.
SB 809 (SMALLWOOD-CUEVAS) CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT: FAIR CHANCE ACT: CONVICTION HISTORY—OPPOSE UNLESS AMENDED
Would have required a duplicative appeals and assessment process for employers before they could decide not to hire someone with criminal history, regardless of whether the employer is required by law to conduct a background check and restrict employment based on certain criminal history.
SB 875 (GLAZER) REFERRAL AGENCIES—SUPPORT
CALA has long supported disclosure and transparency 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 this issue.