Advocacy, All Posts, Issues, RCFE

Resident Refund After Only a 5-Day Notice: 6Beds Submits Public Comments In Opposition To Proposed Title 22 Regulation

The Department of Social Services’ (DSS) Office of Regulation Development has proposed a number of regulations pertaining to admission agreements, most notably the following related to refunds:

87507(g)(5)(C)

Proposed Regulation: A refund of any prepaid monthly fees shall be given if the resident provides notice five days before the resident leaves the facility.  The refund shall be a proportional daily amount of any prepaid monthly fee(s), and shall be refunded at the time the resident leaves the facility and the unit is vacated.

 

DSS opened up its proposed regulations to public comment and 6Beds took the opportunity to address the proposed regulations with these comments, which were submitted on February 2, 2016.  Notably, 6Beds provided the following comment in response to the above proposed regulation that would allow for a refund after only providing a five day notice before the resident leaves the facility:

6Beds Comment: The proposed regulation misapplies Health & Safety Section 1569.682, which references a resident receiving a refund upon the resident’s leaving the facility after a five day notice only in the context of a forfeiture of license or change of use of the facility.  Instead, the proposed regulation would allow a resident to provide a five day notice and obtain a refund of any prepaid fees beyond the five days under any and all circumstances.  However, under circumstances outside of forfeiture of license or change of use of the facility, residents must provide a 30 day notice.

6Beds Recommendation: 6Beds recommends that the proposed regulation be modified to reflect that the five day notice and corresponding refund applies only in the event of forfeiture of license or change of use of the facility.

 

6Beds will provide an update after DSS’ Office of Regulation Development has responded to its comments.

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RSVP — April 12, 2016, State Capitol Rally Bus Schedule

To all Northern California 6Beds members, friends and relatives:

Our rented bus — the United Coach Tours — will be picking us up at the following locations on April 12, 2016:

Daly City

Serramonte Mall
(corner of Callan Blvd and Serramonte Blvd, across from Macys and Firestone)

Pick up time is 6:45 AM and will leave at 7 AM (sharp). Please arrive early and park you car inside the mall or along Callan Blvd. We will leave promptly to pick up others in Vallejo.

Vallejo

Safeway
774 Admiral Callaghan Ln
Vallejo, CA 94591

Bus will exit Redwood Parkway and park on Admiral Callahan (close to the Safeway grocery store) to pick up riders. We should arrive roughly one hour after leaving Daly City at around 7 AM, depending on the traffic.

Please get a good rest the night before to build up your strength as this event will probably be very busy. Carry a backpack and don’t forget to bring your medications, bottled waters and energy bars. 6Beds will provide a complimentary lite lunch.

I ask that you reserve your seat now. There are NO last minute minute cancellations to accommodate others.

CLICK HERE TO RSVP

Click to RSVP

If you have additional questions, please email me at, ang3816.am@gmail.com.

Please be advised that we will collect a $25 donation on the day of the event to offset the cost of the bus, so that 6Beds may continue to channel our resources to our crucial lobbying and advocacy efforts.

Finally, please forward this email to everyone that you know who may be interested in joining us.

We will be lobbying for the following issues:

  1. Minimizing Proposed Increases to Civil Penalties (see AB 2231, formerly AB 1467)
    6Beds is currently fighting to minimize the proposed increases to civil penalty amounts and to better define what a repeat violation is in order to minimize subjectivity. 6Beds is also challenging proposals that would require licensees to pay civil penalty amounts upfront, even if the penalty is under appeal, and proposals that would expand the scope of violations that would be subject to civil penalties. 6Beds is also asking legislators to consider the concept of scaling civil penalties according to facility size, particularly the civil penalty amounts that were previously established under AB 2236 for violations that result in serious bodily injury or death, which currently carry penalty amounts of $10,000 and $15,000. Especially for SSI or low income care providers, 6Beds recognizes that these types of penalties can wipe out months of income, threatening the survival of these providers!
  2. Codify Sleep Credit (SB 1245)
    6Beds also secured Senator Anderson of San Diego and Assembly Member Wagner of Orange County to author our Sleep Credit Bill. The Bill would codify our current practice for sleep credit as allowed for in Wage Order 5, which means we are exempt from paying caregivers during a bona fide eight hour sleep period if the caregivers meet the definition and requirements of either a 24 hour or live-in caregiver and the necessary agreements are in place. While an eight hour sleep credit is currently available, this Bill is a proactive move by 6Beds to codify the sleep credit as there is a new trend of California courts invalidating provisions found in the Wage Orders.
  3. Referral Agency Bill (see SB 648)
    6Beds is working to regulate the referral agencies, including an anti-kickback provision
  4. Refund After Only A 5-Day Notice (Proposed Title 22 Regulation)
    This proposed regulation would entitle RCFE residents to a refund after only having to provide a 5-day notice as opposed to the current 30-day notice that is customary. 6Beds has opposed this proposal.
  5. New 80-Hour Administrator Course and State Test Requirement (New CCL Policy)
    New CCL policy would require licensees with a valid administrator certificate prior to January 1, 2016 to take the new 80-hour administrator course and State exam if a licensee applies to open a new facility five years after January 1, 2016. 6Beds is opposing this policy and seeking its reversal.
  6. Funding for Adult Residential Facilities (ARF) and Residential Care Facilities (RCFE) to improve the quality of life of residents with mental illness living in these homes.
    In 2004, the State Voted “Yes” to Proposition 63 which imposed an additional 1% tax on taxpayers’ taxable personal income above $1 million to provide dedicated funding for the expansion of mental health services and programs, which translates to more than $1 billion in funding, annually. How is this benefiting Californians with mental illness living in these homes
  7. Support Governor’s Budget for Alternative Residential Model (ARM) 4-Bed Rate Model $46.0 million increase ($26.0 million GF increase) to fund ARM rates based on a four-resident model for Community Care Facilities vendored to serve four or fewer individuals.

This annual event is always exciting and inspirational, leaving 6Beds members and supporters empowered to continue the conversation at the local level.

CLICK HERE TO RSVP

Yours in solidarity,

Angie Marinda
6Beds NorCal Secretary
(650) 273 – 2595

Events

Date Changed: Apr 7 – SoCal, Federal & State Labor Joint Training

Joint Training with US Department of Labor (DOL) & California Divsion of Labor Standards and Enforcement (DLSE)

Please be advised that the March 31st joint training has been rescheduled for April 7th. We apologize for the inconvenience and thank you for your understanding.

Seize this rare opportunity to hear firsthand from DOL and DLSE officials:

  1. what is required for compliance by both Federal and State labor laws,
  2. what they look for during a labor audit in the residential care industry and
  3. get your pressing questions answered.

April 7, 2016
8:30 AM – 5 PM
(REGISTRATION 7:45 AM)

Evergreen Masonic Center
5801 Chicago Ave.
Riverside, CA 92517

If you have already registered for the March 31 event, you DO NOT need to register again to attend the April 7 training session. Your registration will be extended to the new event date.

This event is FREE and open to all.
However seats are limited so please click to RSVP now.

RSVP April 7 - DLSE & DOL Joint Training

 

Advocacy, All Posts, Issues, RCFE

WATCH: 6Beds’ Senate Human Services Committee Testimony In Opposition to Complainant Appeal Process

Hopefully, as a licensee you’ve never had to deal with a complaint against your facility, but if you have been a licensee long enough the odds are that at some point you’ve had a complaint made against your facility.  When a Licensing Program Analyst (LPA) comes to your facility to inform you that a complaint has been made against your facility, you probably get that feeling of a pit in your stomach.  When you work hard and do your best to please your residents and their families while maintaining compliance only to learn that a complaint has been filed against your facility, it can be a very deflating experience.
Blog - Complainant Appeal Process - Photo

Dealing with complaints can take up valuable time, cost you money, and be emotionally draining.  When you’re in the midst of a complaint investigation, what you’re probably looking forward to most is getting it behind you as fast as possible and, most importantly, with a favorable result.  If you get to the end of a complaint investigation with an “Inconclusive” or, better yet, an “Unfounded” result, you probably get that feeling that you can finally breathe a deep sigh of relief.  Well, what if I told you that as licensees we had to live in a world where a complainant, which is the party that made the complaint, could file an appeal if they were dissatisfied with Community Care Licensing’s (CCL) investigation findings?  Imagine getting that “Inconclusive” or “Unfounded” result and just as you’re in the midst of breathing that deep sigh of relief, you learn that the complainant has appealed your favorable investigation finding and that feeling of being able to breathe a deep sigh of relief has just reverted back to that feeling of having a pit in your stomach.  Well, that was almost our reality as of January 1, 2016 had 6Beds not intervened to have AB 1387 amended prior to its passage.

The June 25, 2015 version of AB 1387 included a two-level complainant appeal process that could potentially extend the complaint investigation process by 120 business days.  Keep in mind that I’m referring to 120 business days, which translates to a complainant appeal process that could last between five and six calendar months.

6Beds took decisive action when it learned of the proposed complainant appeal process in AB 1387.  In addition to writing a comment letter to the office of AB 1387’s author, Assembly Member Kansen Chu, I testified on behalf of 6Beds before the Senate Human Services Committee on July 14, 2015 in order to voice 6Beds’ concerns regarding the proposed complainant appeal process.  6Beds’ part of the testimony begins at the 4:52 mark and the entire AB 1387 hearing is 11:31 long.  However, I encourage you to watch the entire video in order to get full context.

California Advocates for Nursing Home Reform (CANHR) was the primary supporter of the complainant appeal process.  CANHR is the same group that sponsored the RCFE Reform Act of 2014.  6Beds’ position on the version of AB 1387 that included the complainant appeal process was “oppose unless amended”.  Not even the California Assisted Living Association (CALA), which represents many of the largest assisted living companies, opposed the version of the bill that included the complainant appeal process.

6Beds’ comment letter, testimony before the Senate Human Services Committee, and the aggressive advocacy of 6Beds’ lobbyists before and after the Senate Human Services Committee hearing played a significant role in the complainant appeal process being removed from the final version of AB 1387.  Read AB 1387 – Complainant Appeal Process for the portion of the final version of AB 1387 compared to the June 25, 2015 version that shows in red strikethrough the removal of the complainant appeal process from the bill.

The entirety of the June 25, 2015 version of AB 1387 was not detrimental to RCFE licensees.  In fact, the bill did contain important licensee appeal process reforms, which 6Beds strongly supported and even made improvements to that were incorporated into the final version of the bill.  However, where others took the easy position of compromising to accept the complainant appeal process in exchange for a reformed licensee appeal process, 6Beds took the more aggressive, but calculated approach of advocating for a bill that contained licensee appeal reforms without introducing a new and cumbersome complainant appeal process.

In a future blog post, I’ll address the new licensee appeal process that the final version of AB 1387 gave effect to on January 1, 2016.

Advocacy, All Posts, Events

Attend Apr 12 — 6Beds Lobby Day at the Capitol!

Protect the 6! - State Capitol Rally and Lobby Day

Join your fellow providers to protect the 6-bed residential care model at 6Beds Lobby Day at the Capitol.

April 12, 2016 10AM – 2PM

State Capitol

1315 10th
St.Sacramento, CA 95814

Rally will be held at the South Step, on N St and 11th St.

Every year 6Beds shows its strength at the State Capitol by bringing care home owners and supporters face-to-face with legislators. Join your colleagues in Sacramento for 6Beds Lobby Day to help advance our agendalearn about the coming year’s legislative issues and meet with legislators.

Busses from Daly City, Vallejo and La Habra (SoCal) are available for transport. Complimentary light lunch provided.

RSVP today and have your attendance counted:

https://6beds.org/rsvp-april-12-2016-6beds-capitol-rally-and-lobby-day/

We need to know how many are coming to ensure enough food and rally materials for everyone.


This year, we will be lobbying on the following issues:

  1. Minimizing Proposed Increases to Civil Penalties (see AB 2231, formerly AB 1467)
    6Beds is currently fighting to minimize the proposed increases to civil penalty amounts and to better define what a repeat violation is in order to minimize subjectivity. 6Beds is also challenging proposals that would require licensees to pay civil penalty amounts upfront, even if the penalty is under appeal, and proposals that would expand the scope of violations that would be subject to civil penalties. 6Beds is also asking legislators to consider the concept of scaling civil penalties according to facility size, particularly the civil penalty amounts that were previously established under AB 2236 for violations that result in serious bodily injury or death, which currently carry penalty amounts of $10,000 and $15,000. Especially for SSI or low income care providers, 6Beds recognizes that these types of penalties can wipe out months of income, threatening the survival of these providers!
  2. Codify Sleep Credit (SB 1245)
    6Beds also secured Senator Anderson of San Diego and Assembly Member Wagner of Orange County to author our Sleep Credit Bill. The Bill would codify our current practice for sleep credit as allowed for in Wage Order 5, which means we are exempt from paying caregivers during a bona fide eight hour sleep period if the caregivers meet the definition and requirements of either a 24 hour or live-in caregiver and the necessary agreements are in place. While an eight hour sleep credit is currently available, this Bill is a proactive move by 6Beds to codify the sleep credit as there is a new trend of California courts invalidating provisions found in the Wage Orders.
  3. Referral Agency Bill (see SB 648)
    6Beds is working to regulate the referral agencies, including an anti-kickback provision.
  4. Refund After Only A 5-Day Notice (Proposed Title 22 Regulation)
    This proposed regulation would entitle RCFE residents to a refund after only having to provide a 5-day notice as opposed to the current 30-day notice that is customary. 6Beds has opposed this proposal.
  5. New 80-Hour Administrator Course and State Test Requirement (New CCL Policy)
    New CCL policy would require licensees with a valid administrator certificate prior to January 1, 2016 to take the new 80-hour administrator course and State exam if a licensee applies to open a new facility five years after January 1, 2016. 6Beds is opposing this policy and seeking its reversal.
  6. Funding for Adult Residential Facilities (ARF) and Residential Care Facilities (RCFE) to improve the quality of life of residents with mental illness living in these homes.
    In 2004, the State Voted “Yes” to Proposition 63 which imposed an additional 1% tax on taxpayers’ taxable personal income above $1 million to provide dedicated funding for the expansion of mental health services and programs, which translates to more than $1 billion in funding, annually. How is this benefiting Californians with mental illness living in these homes?
  7. Support Governor’s Budget for Alternative Residential Model (ARM) 4-Bed Rate Model $46.0 million increase ($26.0 million GF increase) to fund ARM rates based on a four-resident model for Community Care Facilities vendored to serve four or fewer individuals.

This annual event is always exciting and inspirational, leaving 6Beds members and supporters empowered to continue the conversation at the local level.

Advocacy, All Posts, ARF, Issues, RCFE

Newly Sworn in Assembly Speaker Anthony Rendon Announces Assembly Floor Leadership Team

New Assembly Speaker Anthony Rendon (D-Paramount) announced his floor leadership team effective March 10, 2016.

The Assembly Democratic leadership appointments are as follows:

 

Speaker pro Tempore – Assemblymember Kevin Mullin (D-South San Francisco)

Assistant Speaker pro Tempore – Assemblymember Autumn R. Burke (D-Inglewood)

Majority Floor Leader – Assemblymember Ian C. Calderon (D-Whittier)

Assistant Majority Floor Leader – Assemblymember Jim Cooper (D-Elk Grove)

Majority Whip – Assemblymember Miguel Santiago (D-Los Angeles)

Democratic Whip – Assemblymember Nora Campos (D-San Jose)

Assistant Majority Whip – Assemblymember Evan Low (D-Silicon Valley)

Democratic Caucus Chair – Assemblymember Mike A. Gipson (D-Carson)

 

6Beds will continue to provide updates on new developments as it pertains to legislative leadership in Sacramento.

All Posts, RCFE

Download CCL’s New Resident Personal Rights Document: Compliance with AB 2171

Community Care Licensing (CCL) recently published Personal Rights – LIC613C-2, which incorporates the Resident’s Bill of Rights that was added to the Health & Safety Code by AB 2171 in addition to the personal rights in Title 22 regulations that were already found in CCL’s previous Personal Rights document.  AB 2171 was a part of the RCFE Reform Act of 2014 and took effect on January 1, 2015.  However, until the publishing of the Personal Rights – LIC613C-2 form this year, licensees had to come up with their own Personal Rights document and posting to comply with AB 2171.

AB 2171 requires licensees to advise and provide a copy of the rights in the Resident’s Bill of Rights and the personal rights in Title 22 regulations.  Licensees must have each resident and resident’s representative sign and date a copy of the resident’s rights and the licensee must include a signed and dated copy in the resident’s record.  The licensee must post a copy of the resident’s rights in the facility and must also post these rights in other languages when five percent or more of the residents can only read that other language.

The Personal Rights – LIC613C-2 form should help licensees comply with the requirements of AB 2171.

All Posts, Events

Attend – March 16, 6Beds Emergency Meeting for DD 4 Beds, Multi-facility Vendors and RCFE

6Beds is collaborating with Michael Bilger of Elder Choice, for the first EMERGENCY meeting in 2016 for ARF and RCFE providers in the Sacramento and neighboring counties.

WHEN
March 16, 2016 from 1:30-3:30 PM

WHERE
24988 Blue Ravine Road, Suite 100
Folsom CA 95630

(Next to 99 Ranch Market)

Learn the latest pressing issues, and the tools and resources available to small care providers:

  1. Wage and Hour Guide for Residential Care Facilities (The Guide)
    How can Litter’s and 6Beds’ co-authored wage-and-hour guide significantly help you comply with labor laws as we move forward to increased labor enforcement, and with AB 588 expanding labor commissioner power taking effect January 1, 2016?
  2. There is a $46 million proposed rate increase in Governor’s 2016 budget for 4 Beds facilities.
    What do we need to do now to ensure we receive this funding?
  3. SB 1226 proposes to increase audit threshold for multi/large DD vendors — which can save you thousands of dollars per year.
    How we can lobby fiercely for this proposed law to pass?
  4. Have you heard of DSS proposed policy changes to RCFEs that is requiring licensees that have been Administrators prior to January 1, 2016 to take the new 80-hour Administrator course and to take the new Administrator test if you open a new facility five years after January 1, 2016? How about refunding fees to clients with just a 5-day notice?
    What can we do to defeat or amend these policies?
  5. April 12, 2016 — 6Beds Lobby Day at the State Capitol
    Join your colleagues to Protect the 6!

Seats are very limited.
Please click here to RSVP in order to attend.

RSVP Mar 16 - 6Beds Emergency Meeting

All Posts, Events

Attend Mar 31 – SoCal, Federal & State Labor Joint Training

Joint Training with US Department of Labor (DOL) & California Divsion of Labor Standards and Enforcement (DLSE)

Seize this rare opportunity to hear firsthand from DOL and DLSE officials:

  1. what is required for compliance by both Federal and State labor laws,
  2. what they look for during a labor audit in the residential care industry and
  3. get your pressing questions answered.

March 31, 2016
8:30 AM – 5 PM
(REGISTRATION 7:45 AM)

Evergreen Masonic Center
5801 Chicago Ave.
Riverside, CA 92517

This event is FREE and open to all.
However seats are limited so please click to RSVP now.

Click to RSVP Mar 31 - SoCal, Federal & State Labor Joint Training

 

Advocacy, All Posts, Issues, RCFE

A Sneak Peek Into CCL’s Upcoming RCFE Medication Management Best Practices Guide

6Beds met with CCL in Sacramento on March 2, 2016 to review and discuss a draft copy of its upcoming RCFE medication management best practices guide for RCFEs.  I attended the meeting in person on behalf of 6Beds and was accompanied via teleconference by fellow 6Beds leader, Cyndy Minnery, R.N.

Here’s a sneak peek at what topics you can expect CCL’s upcoming RCFE medication management guide will cover:

General Guidance:

  • Designation of Staff to Handle and Store Medication
  • New Arrivals with Medication and Refills
  • Medication Placed on Hold, Expired or Resident Dies
  • Medication is Refused, Missed, or Needs to Be Crushed or Altered
  • Medication Set Up, Home Visits, and Medication from Other Countries
  • Medication Destruction

Guidance for Specific Medications

  • PRN Medication
  • Injectable Medications
  • Narcotics
  • Hospice
  • Ear and Eye Drops or Nasal Sprays and Over-the-Counter Medications
  • Emergency Medication
  • Pre-Packaged Medications, Sample Medications, PRN Medication, and Psychotropic Medications
  • Medication Training

6Beds provided significant feedback regarding a number of areas addressed in the draft copy of the guide that we feel will result in positive developments for RCFE licensees that will be reflected in the final version of the guide.

Stay tuned for updates regarding these developments and information regarding the release of the guide.