Bill Text: CA AB1513 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1513 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Registered home care aides: disclosure of contact information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-01-12 - Stricken from file. [AB1513 Detail]

Download: California-2017-AB1513-Amended.html

Amended IN Assembly April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1513

Introduced by Assembly Member Kalra

February 17, 2017

An act to amend Section ~~1569.1~~ 1796.29 of the Health and Safety Code, relating to ~~residential care facilities for the elderly.~~ home care services.

LEGISLATIVE COUNSEL'S DIGEST

AB 1513, as amended, Kalra. ~~Residential care facilities for the elderly: review.~~ Home care services: registry.

Existing law establishes the Home Care Services Consumer Protection Act, which provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and for the registration of home care aides. Existing law requires the department to take certain actions with regard to the administration of the home care aide registry by establishing and maintaining the registry of registered home care aides and home care aide applicants on the department’s Internet Web site, as provided, and updating the home care registry upon receiving notification from a home care organization that an affiliated home care aide is no longer employed by the home care organization.
This bill would require the department to maintain, and provide upon request as a public record, a current list of all registered home care aides that includes the information on its Internet Web site and the aide’s address and telephone number, unless the aide requests that his or her contact information not be disclosed. The bill would also require the department to establish a procedure for home care aides to request that their contact information not be disclosed.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and establishes a process for the appeal of a citation.
This bill would require the Legislative Analyst’s Office to review the enforcement framework for residential care facilities for the elderly and to submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1796.29 of the Health and Safety Code is amended to read:

1796.29.

The department shall do ~~both~~ all of the following in the administration of the home care aide registry:

(a) Establish and maintain on the department’s Internet Web site the registry of registered home care aides and home care aide applicants.

(1) To expedite the ability of a consumer to search and locate a registered home care aide or home care aide applicant, the Internet Web site shall enable consumers to look up the registration status by providing the registered home care aide’s or home care aide applicant’s name, registration number, registration status, registration expiration date, and, if applicable, the home care organization with which the affiliated home care aide is associated.

(2) The Internet Web site shall not provide any additional, individually identifiable information about a registered home care aide or home care aide applicant. The department may request and may maintain additional information for registered home care aides or home care aide applicants, as necessary for the administration of this chapter, that shall not be publicly available on the home care aide registry.

(b) Update the home care registry upon receiving notification from a home care organization that an affiliated home care aide is no longer employed by the home care organization.

(c) Maintain, and provide upon request as a public record, a current list of all registered home care aides that includes the information on the Internet Web site and the aide’s address and telephone number on file with the department, unless the aide has requested that his or her contact information not be disclosed. The department shall establish a procedure by which home care aides may request that their contact information not be disclosed.

SECTION 1.Section 1569.1 of the Health and Safety Code is amended to read:
1569.1.
~~(a)The Legislature hereby finds and declares:~~
(1)The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.
~~(2)These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.~~
~~(3)The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.~~
(4)Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.
(5)Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.
(6)The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.
(7)Residential care facilities for the elderly that are not primarily medically oriented represent a humane approach to meeting the housing, social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.
(8)It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.
(b)(1)The Legislative Analyst’s Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.
~~(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.~~
~~(3)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.~~