California Long Term Care Ombudsman Association

California Long Term Care
Ombudsman Association
CLTCOA 2014 Legislative Platform
CLTCOA members:
Attended over 40 legislative hearings,
Submitted letters of support for over 50 bills
Provided expert witnesses on three bills
Submitted amendments for four bills
Of the 28 bills CLTCOA supported –
13 bills were signed into law!
AB 1523 Toni Atkins- RCFE Liability Insurance
By July 1, 2015 all RCFE’s will be required
to maintain liability insurance.
- Policies must provide at least $1 million per occurrence
and $3 million in the annual aggregate.
- This insurance will cover injury to residents or guests
caused by the negligent acts or omissions to act, or
neglect by, the licensee or it’s employees.
AB 1570 Wes Chesbro’s - Increase RCFE
Administrator Certification Requirements
 Strengthens the RCFE Administrator
Certification Program by adding to the required
coursework . . .
Complete 80 hours of course
work(currently 40 hours)
Minimum of 60 hours must be with
an in-person instructor.
. . . . and enhancing the testing component.
 Pass a 100 question state
exam(currently only 40 questions)
 Department of Social Services
Community Care Licensing (DSS
CCL) will review the licensee exam
annually and update if necessary to
prevent conflicts with new
laws or regulations.
Core Knowledge to be included in course
work shall include all of the following:
1) Law, including personal rights,
regulations, policies, and procedural
standards that impact the operations of
residential care facilities for the elderly.
2) Business operations.
3) Management and supervision of staff
4) Psychosocial needs of the elderly
Core knowledge – continued
5) Physical needs for elderly residents.
6) Community and support services.
7) Medication management, including use, misuse,
and interaction of drugs commonly used by the
elderly, including antipsychotics.
8) Resident admission, retention, and assessment
9) Managing Alzheimer’s disease and related
Core knowledge – continued
10) Managing the physical environment, including
maintenance and housekeeping.
11) Resident’s rights.
12) Cultural competency and sensitivity in issues
related to LGTB community.
13) Postural supports, restricted
health conditions, and hospice care.
AB 1570 increases the required amount of training and
expands the training topics for direct caregiver staff.
 Receive 20 hours of training before working
independently with residents, an additional 20
hours within the first 4 weeks of employment,
and an additional 20 hours
annually, as prescribed.
Core Knowledge to be included in course
work for direct care staff shall include all of
the following:
 Physical limitations and needs of the
 Importance and techniques for personal
care services.
 Residents’ rights.
Core Knowledge to be included in course
work for direct care staff shall include all of
the following:
 Policies & procedures regarding medications.
 Psychosocial need of the elderly residents.
 Building and fire safety and the appropriate
response to emergencies.
AB 1572 Susan Eggman- RCFE Resident &
Family Councils (CANHR bill)
Resident councils shall be composed of residents of
the facility.
Family members,
Resident representatives
Facility staff
and LTC Ombudsmen may participate in resident council
meetings and activities at the invitation of the resident
AB 1572 Susan Eggman- RCFE Resident &
Family Councils (CANHR bill)
For both Resident and Family Councils Facilities
 Consider the recommendations of council
 Respond in writing within 14 calendar days
 Inform new residents and resident representatives
on meeting time, place & dates
 Post information in a prominent place
 and in routine mailings
AB 1899 Cheryl Brown- RCFE Quality of Care
DSS may deny, suspend or revoke an
administrators license for abandoning the
RCFE and the residents in care.
AB 2044 Freddie RodriguezRCFE Quality of Care
 Requires that at least one administrator,
facility manager, or designated substitute
who is at least 21 years of age and has
adequate qualifications, be on the
premises of the facility 24 hours per day.
AB 2044 Freddie RodriguezRCFE Quality of Care
A staff person trained in CPR and
first aid is on duty at all times.
AB 2171 Robert Wieckowski- Residents Rights
(CANHR bill)
 Establishes statutory rights for RCFE
residents, and requires facilities to post
them in a prominent location.
 Section 1569.269 of Chapter 3.2 of division
2 of the Health and Safety Code, for a
complete list of the 30 Resident Rights.
AB 2214 Steve Fox: Emergency Room
Physicians: CEUs Geriatric Care
The Medical Board of California
shall consider including a course in
geriatric care for emergency room
physicians and surgeons.
AB2236 Mark Stone- RCFE Civil Penalties
(CANHR bill)
Beginning July 1, 2015, an increase in
the civil penalties applicable to
violations determined by the DSS:
• $10,000 for serious bodily injury
• $15,000 for the death of a resident
AB2623 Richard Pan M.D. – Law Enforcement
Elder Abuse Training
Law Enforcement training of Elder and
Dependent Adult Abuse will be expanded to
Legal rights & remedies
Emergency protective orders
Simultaneous move-out orders
Temporary restraining orders
AB2623 Richard Pan M.D. – Law Enforcement
Elder Abuse Training
Requires Commission
on P.O.S.T. to consult
with both APS and OSLTCO when
creating or updating training
SB 895 Ellen Corbett- Inspections/ Evaluations
of RCFEs(CANHR bill)
 DSS is required to provide OSLTCO with a
precautionary notification if:
contemplating a TSO
Revoking a facility’s license
 Requires RCFE’s to remedy deficiencies issued
by DSS within 10 day of notification, except as
specified by DSS.
SB 911 Marty Block- Increase RCFE Administrators
Training & Staffing for higher acuity (CANHR bill)
 See AB 1570 for new training requirements for RCFE
Administrators and Staff
 Residents with restricted health conditions shall
receive medical care as prescribed by the resident’s
physician and contained in the resident’s service
plan by appropriately skilled professionals
 By July 2016, DSS will develop an uniform resident
ADL assessment tool
SB 1153 Mark Leno- RCFE Suspension of New
Admissions (CANHR bill)
RCFE facilities are prohibited from accepting new
residents if:
 they currently have an uncorrected violation that
presents a direct and immediate risk to the health,
safety or personal rights of a resident and
 until DSS determines that the violation has been
corrected and
 all fines have been paid
SB 1382 Marty Block –RCFE Facilities Fees
 Increases the initial and annual licensing
fees for RCFE’s,
 Adjusted by the capacity of the facility.