SB 1406: Residential care facilities for the elderly: resident services.

Existing law, the California Residential Care Facilities for the Elderly Act (act), requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly, as defined, and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Existing law gives residents of those facilities specified rights, including, but not limited to, the right to be accorded dignity in their personal relationships with staff, residents, and other persons, and the right to reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered.

This bill would add to those rights the right to request, refuse, or discontinue a service.

Existing law requires a licensee of a residential care facility for the elderly that increases the rates of fees for residents or makes increases in any of its rate structures for services to provide at least 60 days prior written notice to the residents or the residents representatives of the amount of the increase, the reason for the increase, and a general description of the additional costs, except with respect to an increase in the rate due to a change in the level of care of the resident.

This bill would extend the required written notice period to 90 days and would require the licensee to provide the reason or reasons for the increase in the written notice.

Because a violation of the bills requirements by a residential care facility for the elderly would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.