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Posted by on Oct 8, 2014 in Elder Abuse, Legislation Affecting Seniors, Long-term Care, Seniors First San Diego, Sharon Lee |

FACT SHEET: NEW LAW BANS NEW ADMISSIONS INTO NONCOMPLIANT RCFES

Click here for printable fact sheet: SB 1153 (Leno) 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 may deny RCFEs license applications or suspensions for rules and regulations violations, conduct which harms the health, morals, welfare, or safety of a resident; engaging in acts of financial malfeasance concerning operation of the facility; etc. CDSS may assess civil penalties of $25 to $50 per violation per day for each violation, except where the seriousness of the violation warrants a higher penalty, not to exceed $150 per day per violation.

Issue: Over 7,500 RCFEs with 174,000 beds are licensed with CDSS. These facilities now serve more residents with serious health problems and higher levels of dementia than in previous years. Many RCFEs continue to amass a growing number of violations; however, they continue to admit new residents even when there are documented health and safety violations.

New law: CDSS may order the suspension of admitting new residents where a RCFE has violated a statute or regulation and either 1) the violation indicates a direct and immediate risk to the health and safety of a resident and the violation is not corrected or 2) the RCFE has failed to pay the assessed fine.