AB 2377 — Residential facilities.

Summary

Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the State Department of Social Services of community care facilities. Under existing law, community care facilities include, among others, various types of adult residential facilities. Existing law also provides for the regulation by the department of residential care facilities for persons with chronic life-threatening illness. This bill would require an applicant or licensee of an adult community care facility or a residential care facility for persons with chronic life-threatening illness to maintain an email address of record with the department and notify the department in writing of the email address and any change to that address, as specified. Existing regulations of the department define an "adult residential facility" as a facility of any capacity that provides 24-hour-a-day nonmedical care and supervision to persons 18 to 59 years of age, inclusive, and, under specified conditions, to persons 60 years of age and older. Existing law requires the licensee of an adult residential facility that has submitted a closure plan to inform the city and county in which the facility is located of the proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before the proposed closure, as specified. Under existing law, a violation of the act is a misdemeanor. Existing law separately licenses and regulates residential care facilities for the elderly (RCFE) , which provide housing and other specified services for persons 60 years of age and older. Among other things, existing law requires an RCFE, prior to transferring a resident to another facility or to an independent living arrangement as a result of the forfeiture of a license or change in use of the facility, to take all reasonable steps to transfer affected residents safely, and minimize possible trauma by taking specified actions relating to resident notification and transfer and relocation planning, as prescribed, including providing written notice to the resident or the resident's responsible person 60 days prior to the eviction. Among other provisions, existing law requires an RCFE, if 7 or more residents of the facility will be transferred as a result of the forfeiture of a license or the change in the use of a facility, to submit a proposed closure plan for the affected residents to the department for review, and requires the department to approve or disapprove the plan. Existing law requires an RCFE to refund to a resident any paid preadmission fees, according to a prescribed schedule. Existing law imposes civil penalties for a violation of these requirements by an RCFE, of $100 per violation per day. Existing law requires the licensee of an RCFE to notify the city and county in which the facility is located, current residents, and other designated parties, in writing, of specified events relating to the facility and the licensee. This bill would establish similar procedures and requirements for the licensee of a licensed adult residential facility when notifying the city and county of a proposed closure or other event, and when transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license or a closure of the facility for another reason. The bill would additionally give the city or county the first opportunity to make an offer to purchase the property and continue the operation of the adult residential facility within 60 days after a licensee who is also the owner has notified the city or county of an intent to sell the property, as specified. The bill would authorize the city or county to either take over operation of the facility under those circumstances, or enter into a long-term lease for its operation with a nonprofit or for-profit entity with a history of providing adult residential facility services, as specified. The bill would require a lease entered into pursuant to the bill to include a requirement that the lessee maintain licensure of the property as an adult residential facility. Because a violation of the bill's requirements by certain residential facilities would be a misdemeanor, 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.

Bill Text

• Chaptered 09/25/20 - Chaptered Current pdf September 25, 2020
• Enrolled 09/01/20 - Enrolled pdf September 01, 2020
• Amended 08/25/20 - Amended Senate pdf August 25, 2020
• Amended 08/20/20 - Amended Senate pdf August 20, 2020
• Amended 07/07/20 - Amended Senate pdf July 07, 2020
• Amended 05/04/20 - Amended Assembly pdf May 04, 2020
• Amended 03/12/20 - Amended Assembly pdf March 12, 2020
• Introduced 02/18/20 - Introduced pdf February 18, 2020
• AB2377 View text html

Action History

1. September 25, 2020

   Chaptered by Secretary of State - Chapter 146, Statutes of 2020.

2. September 25, 2020

   Approved by the Governor.

3. September 11, 2020

   Enrolled and presented to the Governor at 3 p.m.

4. August 30, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 5386.).

5. August 30, 2020

   In Assembly. Concurrence in Senate amendments pending.

6. August 30, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

7. August 26, 2020

   Read second time. Ordered to third reading.

8. August 25, 2020

   Read third time and amended. Ordered to second reading.

9. August 24, 2020

   Read second time. Ordered to third reading.

10. August 20, 2020

    Read second time and amended. Ordered returned to second reading.

11. August 20, 2020

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

12. August 17, 2020

    In committee: Referred to APPR. suspense file.

13. August 10, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (August 10). Re-referred to Com. on APPR.

14. July 09, 2020

    In committee: Hearing postponed by committee.

15. July 07, 2020

    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.

16. July 01, 2020

    Referred to Com. on HUMAN S.

17. June 11, 2020

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

18. June 10, 2020

    Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 6. Page 4764.)

19. June 04, 2020

    Read second time. Ordered to third reading.

20. June 03, 2020

    From committee: Do pass. (Ayes 14. Noes 0.) (June 3).

21. June 02, 2020

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

22. May 07, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 7). Re-referred to Com. on APPR.

23. May 05, 2020

    Re-referred to Com. on HUM. S.

24. May 04, 2020

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

25. April 06, 2020

    In committee: Hearing postponed by committee.

26. March 16, 2020

    Re-referred to Com. on HUM. S.

27. March 12, 2020

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

28. March 12, 2020

    Referred to Coms. on HUM. S. and JUD.

29. February 19, 2020

    From printer. May be heard in committee March 20.

30. February 18, 2020

    Read first time. To print.

Sponsors

• Chiu · Primary
• Skinner · Cosponsor

Votes

Subjects