October 15th was the Governor's deadline to clear 977 bills that were on his desk in 2017. Of the 977, he signed 859 and vetoed 118. Below are the key bills affecting our skilled nursing providers this year. Watch for LeadingAge California's 2017 Legislative Wrap Up to hit your inboxes in early November.
AB 651 (Muratsuchi) – Nonprofit Health Facilities
Extends the time frame that the Attorney General (AG) has to approve or reject the proposed sale of a nonprofit health facility from 60 to 90 days, requires that public notice of a hearing regarding the proposed sale be provided in English, the primary languages spoken at the facility, and the threshold languages for Medi-Cal as determined by the Department of Health Care Services for the county in which the facility is located. Requires the AG to consider whether the sale will have a significant effect on the availability and accessibility of cultural interests provided by the facility in the affected community.
LeadingAge CA Position: Neutral. Status: Signed by Governor.
AB 859 (Eggman) –Abuse or Neglect of Elders and Dependent Adults
Changes the standard of proof required in elder or dependent adult physical abuse or neglect cases brought under Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from clear and convincing to a preponderance of the evidence for actions brought against assisted living or skilled nursing facilities.
LeadingAge CA Position: Oppose Unless Amended. Status: Vetoed by Governor.
AB 889 (Stone, Mark) – Secrecy Agreements
Limits the ability of litigants to enter into agreements or obtain court orders that keep secret evidence of a danger to public health and safety, as defined, unless a court makes certain independent findings.
LeadingAge CA Position: Oppose. Status: Two-Year Bill currently on Assembly Floor.
AB 940 (Weber) – Long Term Health Facilities: Notice
Any time a resident is notified in writing of an involuntary transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman.
LeadingAge CA Position: Neutral; removed opposition with amendments. Status: Signed by Governor.
AB 1656 (Burke) – Certified Nurse Assistant Training
Requires the Employment Training Panel (ETP) to establish a grant award program to fund training programs for certified nurse assistants (CNAs).
LeadingAge CA Position: Support. Status: Two-Year Bill currently in Assembly Appropriations.
SB 219 (Wiener) – Long Term Care Facility Residents Rights
Would enact the Lesbian, Gay, Bisexual and Transgender Long-Term Care Facility Resident’s Bill of Rights and make it unlawful for any long-term care facility, as defined, to take specified actions on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status.
LeadingAge CA Position: Neutral; removed opposition with amendments. Status: Signed by Governor.
SB 481 (Pan) – Long-term health facilities: informed consent
Requires that a resident of a long term care facility who has been determined to lack capacity to make health care decisions and there is no person with legal authority to make those decisions on the resident’s behalf, to be notified prior to implementing a medical intervention, of this lack of capacity determination, of the medical intervention that has been prescribed, and of the right of the resident to challenge these determinations in a judicial proceeding.
LeadingAge CA Position: Support. Status: Two-Year Bill currently in Assembly Judiciary.
SB 648 (Mendoza) – Health and care facilities: private referral agencies
Would establish requirements for private agencies that refer potential residents for a fee to adult residential facilities, including Residential Care Facilities for the Elderly (RCFE). This bill would also require the California Department of Social Services (CDSS) to track consumer complaints about private referral agencies, authorize CDSS to levy civil penalties, as specified, and require CDSS to submit a report to the Legislature of the effectiveness of existing statutory remedies related to private referral agencies by January 1, 2023.
LeadingAge CA Position: Oppose Unless Amended. Status: Two-Year Bill currently in Senate Appropriations Committee.