SENIOR ASSEMBLY PROPOSAL NO. 16

INTRODUCED BY SENIOR ASSEMBLY MEMBER LACEY

LEGISLATIVE COUNSEL'S DIGEST

AP 16: RESIDENTIAL CARE FACILITIES.

UNDER EXISTING LAW, THE STATE DEPARTMENT OF SOCIAL SERVICES IS REQUIRED TO VISIT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY AS OFTEN AS NECESSARY TO ENSURE THE QUALITY OF CARE PROVIDED, BUT NO LESS OFTEN THAN ONCE EVERY 5 YEARS.  THE DEPARTMENT IS ALSO REQUIRED TO CONDUCT AN ANNUAL UNANNOUNCED VISIT TO NO LESS THAN 10% OF FACILITIES, EXCEPT UNDER CERTAIN CIRCUMSTANCES REQUIRING AN ANNUAL UNANNOUNCED VISIT.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT INSTEAD WOULD REQUIRE ANNUAL EVALUATIONS OF ALL RESIDENTIAL CARE FACILITIES FOR THE ELDERLY.

VOTE: MAJORITY.

AP 16: RELATING TO RESIDENTIAL CARE FACILITIES

WHEREAS, PRIOR TO THE ENACTMENT OF CHAPTER 225 OF THE STATUTES OF 2003, EVERY RESIDENTIAL CARE FACILITY FOR THE ELDERLY WAS REQUIRED TO BE PERIODICALLY INSPECTED, AND TO BE EVALUATED AT LEAST ONCE PER YEAR AND AS OFTEN AS NECESSARY BY A REPRESENTATIVE DESIGNATED BY THE DIRECTOR OF SOCIAL SERVICES, TO ENSURE THE QUALITY OF CARE BEING PROVIDED; AND

WHEREAS, PURSUANT TO THE 2003 ENACTMENT, THE STATE DEPARTMENT OF SOCIAL SERVICES IS NOW REQUIRED TO VISIT THESE FACILITIES AS OFTEN AS NECESSARY TO ENSURE THE QUALITY OF CARE PROVIDED, BUT NO LESS OFTEN THAN ONCE EVERY FIVE YEARS; AND

WHEREAS, SUBJECT TO THESE PROVISIONS, THE DEPARTMENT IS NOW ONLY REQUIRED TO CONDUCT AN ANNUAL UNANNOUNCED VISIT TO NO LESS THAN 10 PERCENT OF FACILITIES, EXCEPT UNDER CERTAIN CIRCUMSTANCES REQUIRING AN ANNUAL UNANNOUNCED VISIT; AND

WHEREAS, UNLIKE SKILLED NURSING FACILITIES WITH THEIR PROFESSIONAL NURSING STAFF, RESIDENTIAL CARE FACILITIES FOR THE ELDERLY ARE USUALLY SMALL SECLUDED HOMES ADMINISTERED BY THE OWNER, AND OCCASIONALLY A SINGLE AIDE TO ASSIST WITH CARE; AND

WHEREAS, MANY RESIDENTS HAVE NO VISITORS TO CHECK IN ON THEM; AND

WHEREAS, MOST RESIDENTIAL CARE FACILITIES FOR THE ELDERLY OFFER ACCEPTABLE LEVELS OF CARE AND OBSERVANCES OF CIVIL RIGHTS, AND A FEW OFFER SUPERB ACCOMMODATIONS, BUT SOME NEED TO BE MONITORED CONTINUALLY DUE TO THE MARGINAL AND SUBSTANDARD LEVEL OF CARE PROVIDED; AND

WHEREAS, SOME FACILITIES ARE CRIMINAL IN THEIR MISTREATMENT AND NEGLECT; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2004 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE REINSTATE THE REQUIREMENT FOR ANNUAL EVALUATIONS OF ALL RESIDENTIAL CARE FACILITIES FOR THE ELDERLY; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION WHICH WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN0414887

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