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CA SB 1406

Title: Residential care facilities for the elderly: resident services.
Author: Benjamin J. Allen

Summary
SB 1406, as amended, Allen. Residential care facilities for the elderly: resident services. Existing law, the California Residential Care Facilities for the Elderly Act (act), requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly, as defined, and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Existing law gives residents of those facilities specified rights, including, but not limited to, the right to be accorded dignity in their personal relationships with staff, residents, and other persons, and the right to reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered.This bill would add to those rights the right to request, refuse, or discontinue a service.Existing law requires a licensee of a residential care facility for the elderly that increases the rates of fees for residents or makes increases in any of its rate structures for services to provide at least 60 days’ prior written notice to the residents or the residents’ representatives of the amount of the increase, the reason for the increase, and a general description of the additional costs, except with respect to an increase in the rate due to a change in the level of care of the resident.This bill would extend the required written notice period to 90 days and would require the licensee to provide a detailed justification for the increase in the written notice. With respect to an admission agreement entered into or modified on and after January 1, 2025, the bill would prohibit the annual increase in the rates of fees for residents or in any of its rate structures for services from exceeding 5% plus the percentage change in the cost-of-living index, as specified, except for rate increases due to a change in the level of care of the resident, a resident’s voluntary move to a different unit, or a voluntary change in number of individuals residing in the unit. The bill would specify that the expiration of a disclosed discount, incentive, concession, or credit offered by the licensee, as specified, is not an increase for this purpose. The bill would authorize an admission agreement to provide for more restrictive rate increase terms than those required by the bill. The bill would exclude residential care facilities for the elderly owned, controlled, or operated by the Department of Veterans Affairs from application of the rate fee increase prohibitions.Because a violation of the bill’s requirements by a residential care facility for the elderly would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Status
From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 5. Noes 1.) (June 18). Re-referred to Com. on HUM. S.

Bill Documents
CA SB 1406 - 06/10/24 - Amended Assembly
06/10/24 - CA SB 1406 (06/10/24 - Amended Assembly)


CA SB 1406 - 04/22/24 - Amended Senate
04/22/24 - CA SB 1406 (04/22/24 - Amended Senate)

CA SB 1406 - 04/08/24 - Amended Senate
04/08/24 - CA SB 1406 (04/08/24 - Amended Senate)

CA SB 1406 - 03/21/24 - Amended Senate
03/21/24 - CA SB 1406 (03/21/24 - Amended Senate)

CA SB 1406 - 02/16/24 - Introduced
02/16/24 - CA SB 1406 (02/16/24 - Introduced)

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Author Details


  • Ben Allen - D
    Senator - State Senate - CA

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    Capital Address:
    1021 O Street, Suite 6610
    Sacramento, CA 95814-4900
    9166514024

    District Address:
    111 Penn Street, Suite 101
    El Segundo, CA 90278 3279
    Phone: 3104148190