California 2017-2018 Regular Session Status: In Committee 2 D cosponsors

AB 2744 — Residential care facilities for the elderly: referral agencies.

Last action — In committee: Held under submission.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) Existing law provides for licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. This bill would require an agency that refers a person to a residential care facility for the elderly to register with the department, as specified, and pay a fee. The bill would require the department to maintain a registry of referral agencies. The bill would require a prescribed disclosure to be given to a client before providing a referral and would specify information that is required to be included on the referral agency's Internet Web site and other marketing materials. The bill would require an employee of a referral agency who will be in direct contact with the subject of placement to obtain either a criminal record clearance or a criminal record exemption from the department before his or her initial contact with a potential resident. The bill would require a referral agency to provide a specified disclosure to a client indicating the number of hours of annual training required of all employees who make referrals to facilities. The bill would require a referral agency to maintain liability insurance coverage in an amount of $1,000,000 per person per occurrence and $2,000,000 in total annual aggregate for negligent acts or omissions by the referral agency or any of its employees. The bill would make these provisions operative on July 1, 2019. The bill would require the department, by July 1, 2019, to develop an enforcement process for referral agencies that do not comply with the requirements described above. The bill would require enforcement measures to include the suspension of, and prohibition against registration for, noncompliant referral agencies. (2) Under existing law, a person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, including administrators, supervisors, and licensed staff of a public or private facility that provides care or services for elder or dependent adults, or an elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter of elder or dependent adult abuse. Under existing law, a mandated reporter who, in the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime. This bill would make an owner, operator, or employee of a referral agency a mandated reporter of elder or dependent adult abuse. By expanding the definition of a crime, this 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.

Bill Text

Action History

  1. In committee: Held under submission.

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

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 17). Re-referred to Com. on APPR.

  4. Re-referred to Com. on AGING & L.T.C.

  5. Read second time and amended.

  6. From committee: Amend, and do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 7. Noes 0.) (April 10).

  7. Referred to Coms. on HUM. S. and AGING & L.T.C.

  8. From printer. May be heard in committee March 19.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"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.

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Votes

Subjects

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Frequently asked questions

What does AB 2744 do?
(1) Existing law provides for licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. This bill would require an agency that refers a person to a residential care facility for the elderly to register with the department, as specified, and pay a fee. The bill would require the department to maintain a registry of referral agencies. The bill would require a prescribed disclosure to be given to a client before providing a referral and would specify information that is required to be included on the referral agency's Internet Web site and other marketing materials. The bill would require an employee of a referral agency who will be in direct contact with the subject of placement to obtain either a criminal record clearance or a criminal record exemption from the department before his or her initial contact with a potential resident. The bill would require a referral agency to provide a specified disclosure to a client indicating the number of hours of annual training required of all employees who make referrals to facilities. The bill would require a referral agency to maintain liability insurance coverage in an amount of $1,000,000 per person per occurrence and $2,000,000 in total annual aggregate for negligent acts or omissions by the referral agency or any of its employees. The bill would make these provisions operative on July 1, 2019. The bill would require the department, by July 1, 2019, to develop an enforcement process for referral agencies that do not comply with the requirements described above. The bill would require enforcement measures to include the suspension of, and prohibition against registration for, noncompliant referral agencies. (2) Under existing law, a person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, including administrators, supervisors, and licensed staff of a public or private facility that provides care or services for elder or dependent adults, or an elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter of elder or dependent adult abuse. Under existing law, a mandated reporter who, in the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime. This bill would make an owner, operator, or employee of a referral agency a mandated reporter of elder or dependent adult abuse. By expanding the definition of a crime, this 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.
Who sponsors AB 2744?
AB 2744 is sponsored by Reyes, Eloise Gómez (Democratic) and Rubio, Blanca E. (Democratic).
What is the current status of AB 2744?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 2744?
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