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FACT SHEET: NEW LAW REQUIRES RCFES TO REMEDY DEFICIENCIES

Click here for printable fact sheet: SB 895 (Corbett) Residential care facilities for the elderly Background: The California Department of Social Services (CDSS) oversees licensing and regulation of Residential Care Facilities for the Elderly (RCFEs). RCFEs are also known as assisted living facilities, retirement homes, and board and care homes. RCFEs provide housing and services to persons 60 years of age and over and persons under 60 with compatible needs. RCFE employees supervise and assist older adults with activities of daily living, such as bathing. Old law: CDSS is required to perform random inspections each year on 30% of the RCFE facilities which have had a history of compliance issues and 20% of RCFE facilities which do not have a history of compliance issues. CDSS must visit every RCFE once every 5 years. Any person can request an inspection of any RCFE by submitting an oral or written request. CDSS is required to make a preliminary review and an onsite inspection within 10 days after receiving the complaint. CDSS...

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FACT SHEET: NEW LAW PROVIDES FOR PROPER PATIENT NOTIFICATION OF END-OF-LIFE CARE

Click here for printable fact sheet: AB 2139 (Eggman) End-of-life care: patient notification Background: According to the California Attorney General’s Office, many Californians facing terminal illness put off important end-of-life decisions. These decisions can include pain management choices, funeral arrangements, and estate/financial planning. Old law: The patient must affirmatively ask the healthcare provider to provide comprehensive information and counseling regarding legal end-of-life options. If the patient’s health care provider does not wish to comply with the patient’s request, the health care provider must provide for the referral or transfer of patient. Issue: People with terminal illnesses who are unprepared for end-of-life decision making may receive treatment that is not consistent with their wishes. Patients may not know what to ask for or that these care options exist. Also, persons authorized to make health care decisions for a patient with a terminal illness diagnosis, such as agents for an Advance Health Care Directive, are not specifically named in the law to receive comprehensive information and counseling regarding legal end-of-life options....

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FACT SHEET: NEW LAW PROVIDES FOR FAIR HOMEOWNER DISPUTE RESOLUTION

Click here for printable fact sheet: AB 1738 (Chau) Common interest developments: dispute resolution Background: The Davis-Stirling Common Interest Development Act (“Davis-Stirling Act”) governs the management and operation of common interest developments (CIDs) such as condominium complexes. CIDs are governed by a homeowners association (HOA). Conflicts often arise among homeowners and the HOA board of directors regarding interpretation of the governing documents and operating rules. Established informal dispute resolution (IDR) procedures provide an initial opportunity for homeowners to meet and confer with a HOA board member to resolve any dispute and avoid later litigation. Old law: There are no provisions in the law specifically permitting either the HOA or the homeowner to be accompanied by another person at an IDR, including an attorney, to provide guidance and to assist in the negotiation process. Issue: Often, the HOA is represented by legal counsel at the IDR while the homeowner has no legal representation. The homeowner may lack experience and understanding of the HOA documents, thus placing him or her at...

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FACT SHEET: NEW LAW CLARIFIES HOA VS HOMEOWNER RESPONSIBILITIES

Click here for a printable fact sheet: AB 968 (Gordon) Exclusive Use Common Area Background: The Davis-Stirling Common Interest Development Act (“Davis-Stirling Act”) governs the management and operation of common interest developments (CIDs) such as condominium complexes. In a condominium complex, property is characterized as either association property or owner property. The association property includes common areas such as the clubhouse, roof, or any area that serves the whole community. The separate interest is comprised of space inside individual units. The “exclusive use common area” refers to parts of the common area which serve only one owner, such as patios, balconies, doorsteps, etc. Old law: The Davis-Stirling Act states that the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area. The owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest. Issue: In California, there are over 49,000 CIDs ranging from three to 72,000 units. They comprise over...

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Restoring California Department of Aging funds

Elder Law & Advocacy urges the Senate Budget and Fiscal Review Committee and the Assembly Budget Committee to restore funding to Department of Aging programs and services. Assembly Budget Committee: Assembly Member Nancy Skinner, Chair Assembly Member Jeff Gorell, Vice Chair Assembly Budget Subcommittee #1 on Health and Human Services Assembly Member Shirley Weber, Chair Assembly Member Wesley Chesbro Assembly Member Roger Dickinson Assembly Member Shannon Grove Assembly Member Allan Mansoor Senate Budget Committee Senator Mark Leno, Chair Senator Jim Nielsen, Vice Chair Senate Budget Subcommittee #3 on Health and Human Services Senator Ellen Corbett, Chair Senator Bill Monning Senator Mimi...

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Support the Medicare Qualified Individual (QI) Program

QI Program Update Medicare Part B background: Medicare is a federal insurance program which covers all persons 65 or older who have made Social Security contributions, disabled persons under 65, and those with end-stage renal disease. Medicare is composed of several parts, including Hospital Insurance (Part A) and Medical Insurance (Part B). Most people pay the Part B premium of $104.90 each month. What the Qualified Individual (QI) Program Accomplishes: Qualified Individual-I (QI-1) is a Medicare Savings Program that helps low-income individuals pay for their Part B premiums. In order to qualify for this program, individuals and couples must meet income and asset limits. The monthly incomes must range between 120% and 135% of the Federal Poverty Line (FPL), which is $1,333 for an individual and $1,790 for a couple. The asset limit for an individual is $7,160 and $10,750 for a couple. San Diego Impact: From 2000 to 2010, the San Diego region experienced the following population increases in its older adult population[1]: Those 60 and over increased...

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