Industry and Legislative Updates

The National Care Professionals Institute has 40 hours of approved RCFE and ARF administrator renewal courses with online and live streaming courses. Carlos Rojo, MBA and Kallie Rojo, Ph.D. have also designed online caregiver courses in English and Spanish and have additional resources for facilities including the required workplace violence prevention plan, and first aid and CPR training. You can call NCPI at (619) 322-9578 for information or register or find further information at www.nationalcareprofessionals.com.

Liability and Worker’s Compensation Insurance

Willy Halle has retired, and he has appointed Patrick Perlas as his Broker of Record for Willy’s existing accounts. Perlas Insurance has over 34 years of experience providing services to the healthcare industry. Willy will continue to provide insurance services to any new owners or licensees for liability, workers compensation and property through the Perlas Group. Willy will also assist all current clients with their 2025 renewals to make the transition as smoothly as possible. Call Willy at (760) 835-1884 or email him at willyhalle@gmail.com. Patrick can be reached at (818) 468-4017 or emailed at jpatrick@perlasinsurance.com. Willy sends his THANKS to all his past and present clients and to those that provide exceptional care for their residents.

Mike has your facility resources on his website

Go to https://rfce4you.com/product-category/products-and-services/ and check out Mike’s products and services to keep your facility up to date with the growing number of state laws and regulations. This includes the mandated regulation subscription service, emergency disaster plan, dementia plan of operation and more.

Mike and Robin highly recommend Boris & Amanda Palomino and their program on “How to Build an RCFE” See their website: https://palominoseniorliving.com/calendar

Industry Updates and Legislation

A June 24 hearing on SB518, the “reparations to descendants of enslaved persons,” was postponed as the bill is likely to have a significant fiscal impact upon California. SB518 would create numerous state agencies tasked to qualify applicants to receive reparations as it must be proved they have descended from former slaves. The issue is not slavery, but California was never a part of it. California never adopted slavery as a condition of being admitted into the Union. California never had slaves, but the state’s Reparations Task Force made recommendations that a Bureau for Descendants of Slavery be based within the state’s Department of Justice and create genealogy, property reclamation, education and outreach, and legal divisions. No one in California was dispossessed of any property within the state that taxpayers should pay reparations. Despite the projected budget shortfall, the cost of these reparations and the cost to create numerous agencies has not been disclosed. The bill was authored by Akilah Weber Pierson (D-San Diego), (619) 688-6700.

H&S Code 1569.147 prohibits cities, county, and the state from imposing rent controls upon RCFEs. Note: RCFEs do not charge rent but have for “service fees” However, SB 433, theRCFE assisted living waiver rental rate protection bill, will open the door for the legislature to overturn the rent control law even though this bill is currently limited to facilities that accept Medi-Cal payments for residents, aka assisted living waiver recipients. The bill continues to progress through the legislature with the last vote being 32-5 for enactment. The premise of the bill is “some” RCFEs do charge SSI/SSP residents with an additional charge for services. Title 22 does allow RCFEs to do that if a resident wants a private room or special food products. This bill will stop facilities from charging any fee for resident services that exceeds the difference between their SSI or SSP income and their personal and incidental needs amount. Charging any fee beyond the “basic services rate” is already prohibited. This bill will open the door to enact rent controls upon all RCFEs. SB433 was proposed by Senator Aisha Wahab (D-Fremont), (510) 794-3900.

AB508, proposed by Assembly Member Cecilia Aguiar-Curry (D-Napa), is being “held under submission” meaning the bill is not moving forward from its policy or fiscal committee. It also means the committee wants the bill to pass but it did not get the majority vote to move it forward. So, the attempt to create RCFE staffing ratios may move forward but there are not enough votes to currently move it forward. It may be voted upon later. The provisions of AB508 are punitive measures masquerading as a resident right. Ms. Aguiar-Curry can be reached at (916) 319-2004.

The same is true of SB434, proposed by Senator Wahab. The 90-day eviction notice bill is on hold or held under submission. The bill could be brought up again in committee, but as of today, it is not progressing toward passage.

What happened to the “alternative backup source of power” bill SB435? The state’s legislative website listed the bill as the “California Consumer Privacy Act of 2018: sensitive personal information.” Is there still a bill attempting to force RCFEs of 16 or more residents to obtain generators or similar alternative energy sources? It appears “no,” but stay tuned. The language in the bill from the website crosses out the energy language and inserts information about personal information. Senator Aisha Wahab (D-Hayward), the bill’s author, can be reached at (510) 794-3900.Bottom of Form

Top of Form If SB582, proposed by Senator Henry Stern (D-Los Angeles, Ventura), becomes law, it will force all RCFEs to have emergency disaster plans reviewed by a county medical health operational area coordinator. An amendment would be added to the Health and Safety Code 1569.695 to seek the same disaster assistance that the state’s nursing homes must also obtain to create a disaster plan. It is of interest that the RCFE Title 22 has not been updated to assist facilities in developing an emergency and disaster plan even though the Health and Safety Code 1569.695 was chaptered into law in 2009 and amended 10 years later.