Archive for December, 2014

New RCFE Regulations for 2015 and 2016

Friday, December 5th, 2014

AB 1523 (Atkins) (Sponsored by CARR): RCFE Liability InsuranceSigned into law!
Effective July 1, 2015, each Residential Care Facility for the Elderly, as a condition of licensure, will be required to obtain and maintain liability insurance. Each facility must to maintain liability insurance in the amount of one million dollars per occurrence and three million in the annual aggregate to cover injury to resident or guests caused by the negligent.
Timeline:  By July 1, 2015

AB 1572 (Eggman): Resident & Family Councils:  Signed into Law

This bill would amend current laws to enhance the rights of resident councils and family
councils in RCFEs.
Timeline:  Effective January 1, 2015

AB 1899 (Brown): Forfeiture of License – Signed into Law

This bill would prohibit a person whose license has been revoked or forfeited for abandonment of the facility permanently ineligible for reinstatement of a license. January 1, 2015

AB 2044 (Rodriguez):  RCFE Staffing Requirements – Signed into Law

This bill would require an administrator or facility manager or designated substitute to be on premises 24/7, and for sufficient staff to be on premises 24/7 to carry out required responsibilities.  This bill would require at least one staff member with CPR and first aid training to be on premises at all times.  This bill would also require staff to be trained on building and fire safety and responding to emergencies.
Timeline:  January 1, 2016

AB 2171 (Wieckowski): Statutory Residents’ Bill of Rights – Signed into Law

This bill as amended would create a statutory, comprehensive bill of rights for residents of RCFEs. The part of the bill allowing residents to file a lawsuit to obtain an injunction to fight violations of their rights was stripped from the bill in an amendment just prior to its final floor votes. This means the important rights codified in the bill will have to be enforced by DSS, which traditionally has done a poor job of enforcing resident rights.
Effective January 1, 2015

AB 2236 (Stone & Mainschein): Increased Penalties – Signed into Law

This bill would have increased civil penalties against RCFEs for violations of laws and regulations from the current maximum of $150. Hijacked by the legislature and by the Executive Branch, the bill now includes an enormously complicated civil penalty system for all categories of facilities; imposes a $10,000 fine against RCFEs for physical abuse or serious bodily harm; imposes a $15,000 fine for deaths due to violations; and creates four (4!!!) levels of appeal for RCFE providers to appeal the fines.
Effective: July 1, 2015

While CANHR supports the increase in penalties for physical abuse, serious bodily injury and deaths for all RCFEs, we have serious reservations about a provider appeal system that is guaranteed to impair the assessment of civil penalties and the collections of such penalties even if they are assessed.  Legislators have committed to work with CANHR in the coming session to address these concerns with the appeal process.

SB 895 (Corbett): RCFE Suspension/Revocation of Licenses (formerly SB 894) (Text of bill) and Inspections/Evaluations of RCFEs (formerly SB 895) – Signed into Law

These bills have been substantially amended and combined into one bill which variously requires facilities to correct deficiencies within 10 days unless otherwise specified and requires the Department to post online instructions on how to obtain inspection reports offline, design an informational poster on reporting complaints and emergencies for display in RCFEs and notify the State Ombudsman Office when it plans to issue a temporary suspension or revocation of a facility license.
Leg intent to post by 1/1/2020; report to leg on annual inspections by 1/1/2018.

SB 911 (Block): Training and qualifications of RCFE staff – Signed into Law

This bill would increase the qualifications and training requirements for RCFE administrators from 40 hours to 80 hours and require facilities who accept and retain residents with restricted or prohibited health conditions to employ trained medical personnel as appropriate.
Effective: January 1, 2016

SB 1153 (Leno):Ban on Admissions  – Signed into Law

This bill would create new penalties for non-compliance, including authorizing the Department of Social Services to suspend the admission of new residents in facilities where there is a substantial probability of harm.
Effective January 1, 2015

SB 1382 (Block):  Increase in RCFE Fees – Signed into Law

This bill increases the initial and annual licensing fees for RCFEs for every sized facility and makes legislative findings that it is imperative that DSS be given adequate resources to support its mandate to provide consumer protection.
Effective: January 1, 2015

AB 1570 (Chesbro): Residential Care Facilities for the Elderly – Signed into law.
This bill would strengthen certification requirements for RCFE administrators and increase training requirements for direct care staff. It would also extend and expand certain dementia care training requirements to all RCFEs rather than just those that advertise or promote special dementia care.

For details on specific bills, go to:


Click here to read more from CANHR