DSS is in a freefall in its effective governance of the assisted living industry. A Handbook of Issues, Mike’s resource book for RCFEs, should be your “constant companion” to guide you into what DSS can and cannot enforce. Mike’s Handbook guides licensees and administrators with a step-by-step assessment into DSS’ false deficiencies. It is an extensive evaluation of state laws and regulations that address issues such as labeling and dating food; paramedics seeing resident records; annual staff/resident TB testing; administrator work hours; resident feeding assistance; reporting hospitalizations and 911 calls; death reports; charting meds; orders for vitamins and alcohol; emergency food supplies; needs and services plans; bedridden; blood sugar checks; using liquid soap; blood pressure checks; care plans; and so much more. To order your copy, go to https://rfce4you.com/product/the-handbook-of-issuesan-rcfe-defense-manual/.
RCFE, ARF, NHAP, RN/LVN Education
National Care Professionals Institute (NCPI) provides ARF, RCFE, and NHA administrator education courses, and has professional caregiver courses that can be customized if specific training is required by DSS. It is certified to provide RN/LVN CEUs, too. Our daughter Kallie and son-in-law Carlos operate NCPI and are state-approved to teach those courses and the 80-hour RCFE initial administrator course. NCPI has caregiver training in English and Spanish and teach first aid and CPR and writes new RCFE license applications. Call (619) 322-9578 for information or visit www.nationalcareprofessionals.com.
Industry Updates and Legislation
As the November 3 election is upon California—that is likely to extend for many days—the Legislature approved some expensive bills. The state appeared to “cut” Medi-Cal expenses, but the passage of AB2348 amends Medi-Cal and welfare laws to add an “enhanced care management” (ECM) benefit, known as “whole-person care.” ECM might reduce hospitalizations, skilled nursing stays and emergency room visits, but homeless services were attached to the bill likely to “be determined,” and will funds actually be used to “solve California’s homelessness?” The main intent of the bill gives Medi-Cal recipients more services that taxpayers pay for but themselves do not get i.e., “housing deposits” and “housing tenancy and sustaining services.”
AB2320, by Assembly Member Tri Ta (R-Orange County), would authorize the Department of Housing and Community Development to provide “financial assistance” in the form of “deferred payment loans” that were used to pay for the eligible costs of development of specified types of housing projects, known as “Homekey” awards. These funds were first appropriated to provide housing for individuals and families experiencing homelessness or who are at risk of homelessness and was originally for those impacted by or at increased risk for medical diseases or conditions due to COVID-19 or other communicable diseases, including acquisition or rehabilitation of motels, hotels, hostels, or other sites. Now, Homekey awards can be used to allow applicants to utilize funds for adaptive reuse projects for substantial rehabilitation, reconstruction, or demolition of an existing structure. Funds earmarked for one project can now be used for a different project but related homelessness.
AB1567, Tri Ta (R-Orange County), enacted new housing laws to require county and city planning agencies and the legislative bodies to prepare and adopt a comprehensive, long-term general plan containing specified elements now including a housing element to include congregate care for the elderly or residential care facilities for the elderly. The state is forcing cities and counties to incorporate up to 15% of regional housing need an allocation for congregate housing for the elderly or residential care facilities. The state is also apparently wanting local agencies to include in annual reporting information related to “the disposal of surplus land.”
SB163 has passed at great expense to taxpayers. It has a direct effect upon persons with developmental disabilities (DD), and the State Department of Developmental Services (DDS), the Department of Education (DOE), and the Department of Rehabilitation (DOR). SB163 allows the DDS to make “direct care purchases” in amounts less than $10,000, per person once DDS establishes and maintains written policies and procedures to guide full implementation. “Direct care purchases” means a “good or service necessary for an individual’s health, safety, or continuity of care.” Updates to DDS would affect the state’s 21 regional centers and 40 offices. DDS has until June 30, 2029, to meet state deadlines. The DOR would no longer create programs for DD incarcerated individuals with “tools” to “maximize employment, independence, and economic and social self-sufficiency in the mainstream of society.” DDS would take on those tasks. DDS would customize services for each DD individual. There would be a restriction upon DDS to use federal funds to offset costs for background checks and administrative costs. But, $1 million would be available to DDS to go to local community resource fairs and participate in “standardized statewide training.” The bill anticipates employee overtime and expenses related to modernizing DDS’ “financial and case management information technology systems.”
SB991, by Senator Caroline Menjivar (D-Burbank, San Fernando Valley), has created H&S Code 1569.493 for RCFEs. This law gives nearly unchecked power to DSS’ evaluators to cite abuse of resident rights, and the Department will categorize the abuse based on relevance, facts and circumstances based upon the deficiency issued. Examples of categories include physical abuse, sexual abuse, abandonment, financial exploitation, involuntary seclusion, mental abuse, and neglect. DSS would also be able to issue fines when no fine is ordered under existing laws. The law becomes effective on July 1, 2029.