California 2009-2010 Regular Session Status: Passed Assembly

AB 1044 — Continuing care retirement communities: contracts.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, the State Department of Social Services is responsible for regulating activities relating to continuing care contracts that govern care provided to an elderly resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year. This bill would transfer that responsibility, except with respect to oversight and regulation of programs and services provided directly to residents of the communities, to the Department of Insurance and would make related conforming changes. The bill would require, by not later than January 1, 2011, the Insurance Commissioner, the State Public Health Officer, and the Director of Social Services to jointly develop and adopt regulations regarding standards, staff training, policies, and procedures to ensure maximum coordination and consistency of implementation of the transfer required by the bill. (2) Existing law establishes the Continuing Care Provider Fee Fund, which is continuously appropriated to the State Department of Social Services for purposes of administering the continuing care retirement community requirements of existing law. This bill would, for purposes of administering the above provisions, create 2 accounts within the fund, the Insurance Account, which would be continuously appropriated to the Department of Insurance, and the State Department of Social Services Account, which would be continuously appropriated to the State Department of Social Services. Ninety-five percent of fees collected pursuant to the above-described provisions would be deposited into the Insurance Account and 5% into the State Department of Social Services Account. (3) Existing law requires insurers to comply with various requirements. This bill would require the Insurance Commissioner to apply certain of those requirements to continuing care retirement communities and contracts, including requirements related to the disclosure of material transactions and requirements related to provider holding company systems, as defined. The bill would additionally revise and recast other provisions applicable to continuing care retirement communities and contracts, including, among other things, requirements relating to application contents, increases in monthly care fees, dividends and distributions, reserve requirements, disclosure of beneficial ownership of a provider, and personal interests of officers of a provider. The bill would enact other related provisions.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Set, second hearing. Hearing canceled at the request of author.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Joint Rule 62(a), file notice suspended.

  5. In committee: Hearing postponed by committee.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  7. In committee: Hearing postponed by committee.

  8. Referred to Coms. on HUMAN S. and B., F. & I.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 49. Noes 30. Page 1936.)

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 13. Noes 6.) (April 28).

  17. Re-referred to Com. on HEALTH.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  19. From committee: Do pass, and re-refer to Com. on HEALTH. Re-referred. (Ayes 4. Noes 2.) (April 21).

  20. Re-referred to Com. on AGING & L.T.C. by unanimous consent, and then be re-referred to Com. on HEALTH

  21. Re-referred to Com. on HEALTH.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  23. Referred to Coms. on HEALTH and AGING & L.T.C.

  24. Read first time.

  25. From printer. May be heard in committee March 30.

  26. Introduced. To print.

Sponsors

  • Jones · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Jones

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1044 JONES Assembly Third Reading

Passed 58 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 543101
Democratic 3000
Republican 1200
Total 583301
% of votes cast 63%36%0%1%
How each member voted (92)
Member Party Vote
Carter — Yea
Yamada — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Bill — Nay
Ammiano — Yea
Anderson — Nay
Bass — Yea
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tom — Nay
Fletcher — Nay
Audra — Nay
Galgiani — Nay
Hagman — Nay
Conway — Nay
Cook — Nay
Huber — Nay
Jeffries — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Duvall — Nay
Villines — Nay
Adams — Nay
Blakeslee — Nay
Block — Not Voting
Buchanan — Yea
Harkey — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Nielsen — Nay
Price — Yea
Emmerson — Nay
Eng — Yea
Feuer — Yea
DeVore — Nay
Fuller — Nay
Garrick — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Duvall — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Harkey — Nay
Ammiano — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 19 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17600
Republican 1100
Democratic 1000
Total 19700
% of votes cast 73%27%0%0%
How each member voted (26)
Member Party Vote
Conway — Nay
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Fletcher — Nay
Gaines — Nay
Audra — Nay
Carter — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Nava — Yea
Adams — Nay
Ammiano — Yea
Block — Yea
Emmerson — Nay
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

housing healthcare labor
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Frequently asked questions

What does AB 1044 do?
(1) Under existing law, the State Department of Social Services is responsible for regulating activities relating to continuing care contracts that govern care provided to an elderly resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year. This bill would transfer that responsibility, except with respect to oversight and regulation of programs and services provided directly to residents of the communities, to the Department of Insurance and would make related conforming changes. The bill would require, by not later than January 1, 2011, the Insurance Commissioner, the State Public Health Officer, and the Director of Social Services to jointly develop and adopt regulations regarding standards, staff training, policies, and procedures to ensure maximum coordination and consistency of implementation of the transfer required by the bill. (2) Existing law establishes the Continuing Care Provider Fee Fund, which is continuously appropriated to the State Department of Social Services for purposes of administering the continuing care retirement community requirements of existing law. This bill would, for purposes of administering the above provisions, create 2 accounts within the fund, the Insurance Account, which would be continuously appropriated to the Department of Insurance, and the State Department of Social Services Account, which would be continuously appropriated to the State Department of Social Services. Ninety-five percent of fees collected pursuant to the above-described provisions would be deposited into the Insurance Account and 5% into the State Department of Social Services Account. (3) Existing law requires insurers to comply with various requirements. This bill would require the Insurance Commissioner to apply certain of those requirements to continuing care retirement communities and contracts, including requirements related to the disclosure of material transactions and requirements related to provider holding company systems, as defined. The bill would additionally revise and recast other provisions applicable to continuing care retirement communities and contracts, including, among other things, requirements relating to application contents, increases in monthly care fees, dividends and distributions, reserve requirements, disclosure of beneficial ownership of a provider, and personal interests of officers of a provider. The bill would enact other related provisions.
Who sponsors AB 1044?
AB 1044 is sponsored by Jones.
What is the current status of AB 1044?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1044?
Track AB 1044 free on One Click Politics — get push/email alerts when it moves.

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