Industry and Legislative Updates

Carlos and Kallie Rojo at National Care Professionals Institute have a great workplace violence prevention plan and offer first aid and CPR training in English and Spanish. Look for their soon-to-be launched 20 hours of online RCFE/ARF courses and their caregiver courses! Kallie is my stepdaughter! https://nationalcareprofessionals.com/.

After 46 years in the RCFE Industry, Willy Halle is retiring. He has chosen Patrick Perlas to become the Broker of Record for all of his existing accounts. Perlas Insurance has over 34 years of experience providing services in the healthcare industry. Willy will continue to provide insurance services to any new owners or licensees for liability, workers compensation and property with the Perlas Group. Willy will also assist all current clients with their 2025 renewals to make the transition as smoothly as possible. Willy can be reached at (760) 835-1884 or willyhalle@gmail.com. Patrick can be reached at (818) 468-4017 or jpatrick@perlasinsurance.com. Willy sends his THANKS to all his past and present clients and to those that provide exceptional care for their residents.”

Our 2025 Title 22 and 2025 Health and Safety Code subscription service is the most affordable in the industry, just $29, AND it self-renews! You are not charged again. Our regulation subscription service is found at: https://rfce4you.com/product/rcfe-subscription-service-to-title-22-and-health-safety-code/.

Industry Updates and Legislation

Will the senior housing market boom continue going forward? Brent Wilsey from Wilsey Asset Management in San Diego said, “Investors may think with the population getting older that investing in senior housing could be a great investment going forward. They could be right as the oldest boomers turn 80 at the end of this year. What’s even more amazing is that the US population of 80-year-olds and older will hit 18.8 million in the next five years, that is a 27% increase from today.

“Senior housing hit a brick wall when the pandemic hit in 2020 and with the high infection rates, loss of life, and social distancing restrictions the demand fell drastically for senior housing. Both the inflated cost of labor and the shortage of it did not help either. It is estimated in five years they will need 560,000 new units to meet the expected demand.

“However, due to the high cost of development and the concern that about half of the seniors won’t be able to afford private senior housing costs, it’s estimated that only about 191,000 units will be added. The good news is more than 40% of seniors could afford senior housing on their income alone, which increased from 30% eight years ago. Unfortunately, those who can afford senior housing would rather not use it and prefer to age at home.

“Developers are willing to risk their capital on the higher end of the wealthiest seniors building luxury senior housing with fine dining, spas and movie theaters. I think this sector for investing at this point is worth watching, but I don’t think I’d want to commit any capital at this time given there seem to be some substantial risks.”

According to Andrea Lucas, Acting Chair for the Equal Employment Opportunity Commission (EEOC), it will act against employers that are …contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers. She said, “You must stop.” She said she intends to deter illegal immigration “and reduce the abuse of legal immigration programs by increasing enforcement of employment antidiscrimination laws against employers that illegally prefer non-American workers.” She maintains many companies violate Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin, through “policies and practices preferring…visa holders or other legal immigrants over American workers.

“Employers have many excuses for why they may prefer non-American workers, but none of these are legally permissible reasons” Lucas said, citing reasons of “lower labor costs, e.g. payment under the table to illegal aliens. There is a workforce that is perceived as more easily exploited, in terms of the group’s lack of knowledge, access, or use of wage and hour protections, antidiscrimination protections, and biased perceptions that foreign workers are more productive or have a better work ethic than American workers.

 “The EEOC is going to rigorously enforce the law to protect American workers from national origin discrimination.”

SB582, by Henry Stern (D-Los Angeles/Ventura), is cryptic at best. “It is the intent of the Legislature to enact legislation relating to the licensure of residential care facilities for the elderly and skilled nursing facilities.” Where is this bill headed? What does it mean? Would RCFE licensure be managed by the Department of Health Services? Would this require RCFEs to be more like skilled care? Mr. Stern can be contacted at (818) 876-3352.

“Direct care ratios” is the purpose of AB508, introduced by Assembly Member Cecilia Aguiar-Curry (D-Napa). The bill would add Health and Safety Code 1569.375 and require RCFEs to calculate a direct care ratio (the number of hours worked by direct care staff on a specific day divided by the number of residents who received care at that facility that day) and maintain records of its direct care ratios for a minimum of 12 months. It would require RCFEs to disclose its direct care ratios to residents or to the resident’s representatives upon admission and any time there is a rate increase. The bill would require each RCFE to make its direct care ratios available to the public by posting the daily direct care ratio on the facility’s internet website and in locations visible to all residents. Ms. Aguiar-Curry can be reached at (916) 319-2004. SB435, introduced by Senator Aisha Wahab (D-Fremont), will require RCFEs to have an emergency backup power source by using a generator or similar alternative source of power by January 1, 2027. She can be contacted at (510) 794-3900.

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