2024 Legislative Summary
SIGNED
SB 1406 (ALLEN) RATE INCREASES—OPPOSITION REMOVED
The governor signed a significantly amended and scaled down version of SB 1406 (Allen) 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 change in the resident’s level of care). According to DSS, this means that rate increase notices that are distributed after Jan. 1, 2025, must provide a 90-day notice requirement before the increase takes effect. 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.
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. CALA will continue to work with Diane O’Malley and the team at Hanson Bridgett to keep members informed as implementation gets underway.
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 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 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.
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 1/1/32. Funds are distributed through CDPH to provide research grants to scientists studying Alzheimer’s disease and related disorders.
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 supports making this option available to interested RCFEs. Amendments taken near the end of session define 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.
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.
SB 1106 (RUBIO, S.) THE KASEM-NICHOLS-ROONEY LAW—SUPPORT
SB 1106 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.
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.
VETOED
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. In Gov. Newsom’s veto message for SB 895, he noted there was an appropriation of $60 million per year for budget years 2025-26 and 2028-29 to help expand BSN partnerships with higher education institutions, and that these types of partnerships have proven successful in expanding BSN access for community college students and increasing the number of BSN degree recipients. Newsom also noted that Community Colleges and the California State University system have been provided expanded authority to offer independent programs and advises waiting to see the full impact of this additional authority before moving forward with bills like AB 2104 and SB 895.
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.
DEAD BILLS
These bills were not passed by the legislature and stopped prior to the end of session.
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 “opposed 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 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 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.