California 2019-2020 Regular Session Status: Passed Assembly 2 D cosponsors

AB 2926 — Referral agencies for residential care facilities for the elderly: duties.

Last action — In committee: Held under submission.

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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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly 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. The act prohibits a placement agency, as defined, from placing an individual in a licensed residential care facility for the elderly if the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. The act requires an employee of a placement agency who knows, or reasonably suspects, that a facility is improperly operating without a license to report the facility to the department, and requires the department to investigate those reports. The act further requires a placement agency to notify the appropriate licensing agency of any known or suspected incidents that would jeopardize the health or safety of residents in a facility. The act specifically makes a violation of these requirements a crime. This bill would recast the requirements on a placement agency and its employees to instead be requirements on a referral source, defined to mean a person or entity that provides a referral to a residential care facility for the elderly, except as specified. The bill would prohibit a referral source from, among other things, holding any power of attorney for a potential resident or referring a person to a residential care facility for the elderly in which the referral source has an ownership or management interest or a common employee in an executive management position, except as specified. The bill would require a referral source to provide a senior or their representative with specific written, electronic, or verbal disclosures, before sending a compensated referral, that include, among others, the referral source's privacy policy and a statement that the senior or representative may request in writing that the referral source cease contact with the senior. The bill would additionally require a compensated referral source to use a nationally accredited service provider to perform background checks on referral sources who have direct contact with seniors or their representatives, maintain liability insurance, and accept remuneration only from residential care facilities for the elderly with which the referral source has a written contract. The bill would further require a compensated referral source to post specific information on its internet website or marketing materials relating to its privacy policy. The bill would impose criminal penalties and civil penalties for a violation of these provisions, as specified. By expanding the existing crime under the act and specifying new criminal penalties, this bill would impose a state-mandated local program. (2) 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: Referred to APPR. suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 10).

  5. 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.

  6. Referred to Com. on HUMAN S.

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4690.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 18. Noes 0.) (June 2).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 7). Re-referred to Com. on APPR.

  12. Re-referred to Com. on HUM. S.

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

  14. Referred to Com. on HUM. S.

  15. Read first time.

  16. From printer. May be heard in committee March 23.

  17. Introduced. 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

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Leyva — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Portantino — Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 2926 Calderon Assembly Third Reading

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 21001
Unaffiliated 50001
Republican 6000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Friedman — Yea
Cooper — Yea
Brough — Yea
Weber — Yea
Bigelow — Yea
Bloom — Yea
Gloria — Yea
Gonzalez — Yea
Kamlager — Yea
Voepel — Yea
Holden — Yea
Diep — Yea
Daly — Yea
Mullin — Yea
Salas — Yea
Eggman — Yea
Wood — Yea
Chiu — Yea
Gray — Yea
Frazier — Yea
Obernolte — Yea
Mayes — Yea
Smith — Yea
Kiley — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Fong — Yea
Waldron — Yea
O'Donnell — Yea
Jones-Sawyer — Yea
Ting — Yea
Chau — Yea
Santiago — Yea
Maienschein — Yea
Nazarian — Yea
Low — Yea
Burke — Yea
Cooley — Yea
Levine — Yea
Medina — Yea
Chu — Yea
Cunningham — Yea
Mathis — Yea
Quirk — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 11000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Fong — Yea
McCarty — Yea
Voepel — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Bigelow — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 2926 do?
(1) The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly 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. The act prohibits a placement agency, as defined, from placing an individual in a licensed residential care facility for the elderly if the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. The act requires an employee of a placement agency who knows, or reasonably suspects, that a facility is improperly operating without a license to report the facility to the department, and requires the department to investigate those reports. The act further requires a placement agency to notify the appropriate licensing agency of any known or suspected incidents that would jeopardize the health or safety of residents in a facility. The act specifically makes a violation of these requirements a crime. This bill would recast the requirements on a placement agency and its employees to instead be requirements on a referral source, defined to mean a person or entity that provides a referral to a residential care facility for the elderly, except as specified. The bill would prohibit a referral source from, among other things, holding any power of attorney for a potential resident or referring a person to a residential care facility for the elderly in which the referral source has an ownership or management interest or a common employee in an executive management position, except as specified. The bill would require a referral source to provide a senior or their representative with specific written, electronic, or verbal disclosures, before sending a compensated referral, that include, among others, the referral source's privacy policy and a statement that the senior or representative may request in writing that the referral source cease contact with the senior. The bill would additionally require a compensated referral source to use a nationally accredited service provider to perform background checks on referral sources who have direct contact with seniors or their representatives, maintain liability insurance, and accept remuneration only from residential care facilities for the elderly with which the referral source has a written contract. The bill would further require a compensated referral source to post specific information on its internet website or marketing materials relating to its privacy policy. The bill would impose criminal penalties and civil penalties for a violation of these provisions, as specified. By expanding the existing crime under the act and specifying new criminal penalties, this bill would impose a state-mandated local program. (2) 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 2926?
AB 2926 is sponsored by Calderon, Lisa (Democratic) and Rubio, Blanca E. (Democratic).
What is the current status of AB 2926?
This bill died with 2019-2020 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 2926?
Track AB 2926 free on One Click Politics — get push/email alerts when it moves.

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