Industry and Legislative Updates

Hope for the passage of AB1993—increasing capacity from 6 beds to 10 beds and still be a “residential use of property”—is fading. The bill is in the Legislators’ “suspense file” meaning the bill is active but subject to further review because of fiscal consequences. The ultimate intent of AB1993 was to place persons “experiencing homelessness” into residential care. The fiscal impact is simple: who pays for that care? A legislative analyst said the cost is likely to be “in the high hundreds of thousands or more annually.” The bill’s author, Ash Kalra, can be called at (408) 286-2535.

AB 2650, authored by Rick Zbur (D-Hollywood), would increase DSS’ duties to collect facility data about bed availability, acceptance of “public assistance,” acceptance of persons with “serious mental disorders” (SMI), if facilities accept the homeless, incarcerated or institutionalized persons. The bill has not been fiscally studied, but the bill’s author, according to a legislative analyst, persists in the bill’s passage even though “many of these facilities are closing due to funding constraints, placing the residents at risk of becoming unhoused, incarcerated, or institutionalized.” A 2018 report detailed that “facility closures and a lack of new facilities or other adequate supportive housing options are leaving individuals with SMI without sustainable housing options that meet their care needs after discharge from a treatment program, hospital or correctional institution.” Mr. Zbur can be reached at (323) 436-5184.

What is an “augmented residential care facility?” SB1082, authored by Susan Eggman (D-Stockton), would force the state’s Department of Health Care Services to jointly act with the County Behavioral Health Directors Association of California, to “implement a certification program to provide augmented services to adults with a ‘serious mental illness’ to reside in homelike community settings licensed by DSS. A facility would be required to limit admissions to six, and conform to specific state and federal regulations. Such certification would be required before DSS could issue a license. The state would set the rates. The law could only be implemented “to the extent that funds are available.” Ms. Eggman can be reached by calling (209) 472-9535.

SB875, the referral agency reform bill authored by Steve Glazer (D-Orinda) and “co-sources” A Place for Mom and ActEight LLC, has not progressed since January. Mr. Glazer can be reached at (925) 258-1176.

If SB1406, authored by Ben Allen (D-El Segundo), passes, it will add a resident right to “prohibit an RCFE from providing a service that a resident has refused.” It would also prohibit a charge for that service. If a facility were seeking to evict a resident who needed the refused service, it would have to prove the service was required “for the resident’s wellbeing, or that staff or other residents would be “unreasonably endangered.” The bill would also extend the notice to increase residents’ fees from 60 days to 90. Any increase would require a “detailed justification.” Plus, the state would impose fee increase limitations upon all facilities. Mr. Allen can be reached at (310) 414-8190.

AB1911, authored by Eloise Gomez Reyes (D-San Bernardino), would mandate DSS to conduct a “one business day, onsite complaint investigation” upon receiving a complaint that “involves a threat of imminent danger of death or serious harm.” It would also have to comply with specific notification deadlines to the facility and complainant. DSS would have to complete its investigations within 30 to 60 days. Ms. Reyes can be reached at (909) 381-4100.

AB2075, authored by David Alvarez, (D-Chula Vista), was amended to prevent a resident’s support person from entering a facility “during an evacuation.” Otherwise, this bill would create a resident right to have a “designated support person” available for “compassionate care.” It would allow visitations from a designated person during a “public health emergency,” and this support person would have the right to an “in-person, onsite access to the resident during a ‘public health emergency’ even if visitations have been stopped by the state or local government.” Also, the resident would be allowed to leave for an outing, despite any public health emergency. Mr. Alvarez can be reached at (619) 498-8580.

The bill creating another California welfare program, AB2200, authored by Assembly Member Ash Kalra, D-San Jose, is still an active bill despite its fiscal impact upon the state. If passed, it would create a new program, CalCare, to “guarantee health care for all.” Eligibility would not be dependent upon a person’s “religious beliefs, practices, national origin, ethnicity, or immigration status.” It would also make California the payor for a person’s healthcare including federal Medicare (not likely to be approved by the federal government). The last reported budget shortfall in California was $73B, yet illegals will get full and complete healthcare.