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 has decided to “semi-retire.” 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

Are there individuals working in California’s assisted living industry who are not legally in the US (undocumented) or who do not have the legal right to work in the US (visa)? The American Immigration Council estimates there are 258,000 undocumented healthcare employees in the US. Thus, it is foreseeable California facilities hired people who are not allowed to work in the US, and if discovered there could be a staff shortage. American Seniors Housing Association’s Jeanne McGlynn Delgado, said, “To meet the demand of the aging population, it is imperative that we have the workforce to care for them. We cannot get there without the help of foreign workers.” However, the US Department of Labor has stepped up its efforts to penalize employers, including assisted living facilities for hiring “undocumented workers.” A “staff shortage” is being used as an excuse for “hiring” illegal workers, but how does a facility report payroll? Simple, illegals are paid cash without tax deductions and are not covered by workers compensation. Many facilities are fearing Trump’s promise to deport illegals because many “hired” them.

Will Medicaid or Medi-Cal cuts affect the future of the assisted living waiver program (ALWP)? Yes, but before those cuts, Indiana, California, and other states had claimed their program had run out of money before receiving the next allotted federal grant. How does that happen unless these states are misspending or mismanaging the funds? It appears that is the case especially in California because the state created unnecessary services to pay healthcare professionals by the quarter hour for selective services. In addition, the state can pay $1,600 for a Nurse Evaluator to assist with providing “additional appropriate staff for acquiring, retaining, and improving the self-help, socialization and adaptive skills” of ALWP participants. If you do not get that, neither do I, but the state is paying this and other “fees” that have bankrupted the program. A facility can receive $1,420.07, the SSI rate, plus as much as $264.97 per day or $9369.17 total per month. Most facilities in California do not have such high rates. Then, add additional costs of “residential habilitation services” or $11.36 per 15 minutes for “augmented plan of care development and follow-up.” Oh, really?

Court decisions dating back to 2018 may force states to adopt “mandatory staffing hours” for assisted living. Settlements as high as $18.2 million have been awarded because a facility had “engaged in deceptive staffing practices.” Similar suits through 2023 have been settled prompting the courts to push for “adequate staffing and training” to prevent “chronically insufficient staffing.” Are staffing quotas next?