Licensing Update

Croatia Trip April 2019, Limited Space

Mike & Robin are taking a group of our students to the beautiful cities of Dubrovnik and Split, Croatia March 30, April 9, 2019, at an incredible price of approximately $3189 per person, shared room price. This includes CEUs for administrators and nurses; round trip air from LAX; airport/hotel transfers in both cities; 4-star, superior class hotels; daily breakfast; city tours; and optional side trips. Join us on a great, affordable trip to two of Croatia’s seaport towns with so much to do. Call 866/257-7323 to make a $450 per person deposit or pay your deposit on our website or mail to our office address. Payoff deadline is January 2019. This is a “don’t miss” trip.

Insurance Premiums Due?

Did your liability insurance get cancelled, or your renewal notice premium significantly increase? Talk to Willy Halle before June to see if he can help with costs and coverage: (760) 835-1884.

Legislative and Licensing Updates

AB 3098, by Assembly Member Laura Friedman (D-Burbank), has become a monstrous, ambiguous and even unconscionable—not in accordance with what is just or reasonable; excessive—bill despite its intended, presumed good. As with many recent bills, vis-à-vis laws, being thrown at the assisted living industry by an overly zealous Legislature and special interest groups, licensees will need to guard their limited bank accounts as there will be predictable and not-so-predictable consequences if/when this bill passes. Although the bill states DSS will not have to create new inspection provisions, would anyone be surprised if DSS did just that? The supporters of this bill should withdraw their support immediately to safeguard the survival of the industry. I have withdrawn my support.

For instance, if a facility loses one or more utilities and cannot evacuate, for whatever reasons, including the inability to evacuate, it must have “supplies” to provide alternative resources during any loss of one or more utilities. It is unknown just what those supplies must be, but if it is a power outage, does it mean “generators?” Will DSS determine what those supplies must be?

The bill mandates facilities establish new evacuation sites to include a site “outside the immediate area.” How far away is “outside?” That is an unknown. Will DSS ask for letters from the new sites and then have to approve those sites? An emergency drill will be mandated quarterly for “different emergency scenarios.” What those different scenarios are is also an unknown, so guess who will tell licensees?

The bill’s author(s) assume RCFEs write “services appraisal plans,” something never legally defined or required (and the nomenclature keeps changing). Perhaps one of the biggest expenses will be incurred by large facilities—an evacuation chair at each stairwell. Is that a wheelchair at the top and bottom of a stairwell or is this a requirement to have an electric stair lift? The ambiguity in this bill must cause its defeat. I doubt the legislature will defeat it, but the requirements, revised several times, are becoming expensive and, again, too ambiguous and unconscionable to become law.

The bill will require all staff to have access to every door, cabinet and cupboard via keys. Is every employee trustworthy of having keys to residents’ rooms, medication cabinets, and supply cupboards? How will this effect resident privacy laws?

Call your state senator and assembly member and help defeat AB 3098.

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Despite a new author and more requirements, the RCFE referral bill, AB2744,
is dead. How unfortunate that the referral industry can continue its fee
gouging of facility owners, shroud its practices in mystery and punitive
contracts, not train staff in basic RCFE law and regulations, not prorate
contracts when a client has passed away and to continue to put forth referral
staff as “independent contractors.” We recommend not signing any referral
agency’s contract until it contains the language YOU want in that contract. Be
diligent. Read the small print in ALL contracts. Is there a refund condition?
What if the client dies within a month? Does the client have a violent history?

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Who in the Legislature can the assisted living industry turn to? Some
lawmakers were honored and even used as keynote speakers at conferences,
but it appears they have turned their backs on the industry. Case in point:
AB1437. Despite being told this bill was still active, it’s dead because one of
its authors shelved it: “held under submission.” It would have eliminated a
transfer of fingerprint clearances between facilities operated by the same
licensee and waived the 80-hour initial course for long-term administrators
seeking a new license.

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Will SB1280, Richard Roth (D-Riverside), save the nursing home industry?
This bill would establish “small house skilled nursing facilities” and “authorize
the development and operation of up to 10 small house skilled nursing
facilities that are licensed to provide skilled nursing care and supportive care
to patients in small, homelike, residential settings that incorporate emerging
patient-centered health care concepts.” According to the author, “The home
shall be accessible to disabled persons, and shall be designed as a house, an
apartment, or a distinct area within an existing skilled nursing facility
that…is similar to housing available within the surrounding community, and
that includes shared areas that would only be commonly shared in a private
home or apartment. These “homes” would not have “institutional features—
no nursing stations, room numbers or medication carts.” No more then two
residents per room, but private, single-occupancy bedrooms that are shared
only at the request of a resident to accommodate a spouse, partner, family
member, or friend, and that contain a full private and accessible bathroom.