Advocacy, All Posts, ARF, Issues, RCFE

6Beds Lobby Day: Dozens and Dozens of 6Beds Members Flood the State Capitol for Testimony in Opposition to the Civil Penalties Bill (AB 2231)

Dozens and dozens of 6Beds members and supporters flooded the State Capitol on April 12, 2016 for 6Beds’ Lobby Day with 6Beds’ testimony before the Assembly Human Services Committee in opposition to the civil penalties bill, AB 2231, one of the focal points of the day.

AB 2231 addresses violations, including repeat violations and serious/zero tolerance violations, as well as the civil penalties associated with these types of violations.  6Beds’ official comment letter on the bill can also be found here as well as the Assembly Human Services Committee’s bill analysis, which incorporated 6Beds’ comments.  Similar to the complainant appeal process that was proposed in 2015, 6Beds was once again the only provider organization to formally take an opposition position.

Although AB 2231 did not propose to change the highest civil penalty amounts of $15,000 and $10,000, which took effect with the passage of AB 2236 two years ago, 6Beds advocated that AB 2231 be amended to include the scaling down of these penalty amounts for RCFEs and ARFs serving six or fewer persons given the disproportionate economic impact and risk of closure these penalties expose small facilities to.  6Beds also advocated for an amendment that would tighten up the definition of a repeat violation to prevent situations where violations with different facts and circumstances could unfairly be labeled as repeat violations, subjecting licensees to costly civil penalties.  Finally, in light of Community Care Licensing’s (CCL) move towards collecting civil penalties upfront even if the deficiency is under appeal, 6Beds advocated for an amendment that would codify historic practice of having to pay a civil penalty only after the conclusion of an unsuccessful appeal.  It is fundamentally unfair for licensees to be asked to pay civil penalties while their appeals are pending.

The audience in the room that held the Assembly Human Services Committee hearing resembled a sea of blue, dominated by a large number of 6Beds members wearing blue 6Beds shirts. 6Beds’ testimony and the dozens of 6Beds members that formed a long line to individually express their opposition following the testimony made a powerful statement to both legislators and CCL that licensees of small residential care facilities are not to be ignored.  In response to 6Beds’ message and presence, the Chair of the Assembly Human Services Committee, Susan Bonilla (D – Concord), and the author of AB 2231, Ian Calderon (D – Whittier) both recognized the treatment of licensees with respect to sometimes inconsistent and subjective enforcement by CCL.  In the longer term, 6Beds believes that this recognition may help pave the way for future reforms of the Community Care Licensing system with the aim of improving the treatment and rights of licensees.  In the immediate term, 6Beds’ advocacy has caused Mr. Calderon to commit to working with 6Beds, particularly on amendments related to the definition of a repeat violation as well as the timing of civil penalty payments.

6Beds’ leadership would like to convey a heartfelt thank you to all of its members and supporters for their participation on April 12, 2016.  Everyone did a tremendous job of representing 6Beds, which has only increased 6Beds’ efficacy and will help 6Beds build upon the following positive changes relative to previous proposals for the bill that were already made prior to April 12, 2016:

Civil Penalty Amounts

The bill proposes to increase civil penalty amounts for serious/zero tolerance violations (e.g. fire clearance violations, overcapacity, ambulatory status, inoperable smoke alarms, absence of supervision, accessible bodies of water, accessible firearms/ammunition, refused entry to a facility, etc.).  Currently, the civil penalty amount for these types of violations is $150.  Prior to the introduction of AB 2231, it was proposed that the civil penalty amount for serious/zero tolerance violations be $1,000.  6Beds’ advocacy helped reduce this amount to the $500 that is currently proposed in AB 2231.

AB 2231 also proposes to increase civil penalty amounts for repeat violations of serious/zero tolerance violations, as well as other violation types.  Prior to AB 2231, it was proposed that the civil penalty amount for repeat violations of serious/zero tolerance violations be $2,000 plus $1,500 for each day the violation is not corrected.  6Beds’ advocacy helped reduce this amount to the current $1,000 plus $100 for each day the violation is not corrected that is proposed in AB 2231.

Prior to AB 2231, it was proposed that the civil penalty amount for repeat violations that were not of the serious/zero tolerance type be $500 plus $100 for each day the violation is not corrected.  6Beds’ advocacy helped reduce this amount to the current $250 plus $100 for each day the violation is not corrected that is proposed in AB 2231.

Imposition of Separate Civil Penalty for Underlying Violations

Prior to AB 2231, it was proposed that there could be imposed a separate civil penalty for an underlying violation that resulted in the imposition of a larger civil penalty.  For example, if absence of supervision resulted in the death of a resident, the previous proposal would have allowed for the imposition of a civil penalty for the death of the resident as well as a civil penalty for absence of supervision.  As a result of 6Beds’ advocacy, AB 2231 would only allow for the imposition of the higher civil penalty amount.  No double dipping.

Thanks again to everyone for their support and stay tuned for more updates on this bill as 6Beds works diligently to improve upon the bill.

Regards,

George Kutnerian

Advocacy

You Must Be Counted!

Serious about being a California residential care provider? Do you wish to keep your care home — your livelihood — and preserve the vital services you provide to our elderly community or the developmentally disabled and mentally ill? Do you wish to earn more for the essential services you provide to your residents or ensure that your rates remain comparable with the ever changing labor laws?

If you answered yes to any of these, THEN YOU MUST BE COUNTED!

Fellow Residential Care Provider,

You can learn all that you need to manage your care home and stay compliant with all industry laws and regulations, but if the laws you learn and comply with serve to undermine your bottom line, then all your efforts — however pertinent to your care home’s success — are meaningless.

You see, without a strong political influence and representation at the State Capitol, then our care homes are subject to ignorant and/or indifferent lawmakers, government agencies and special interest groups who propose, pass and enforce laws that may serve to dismantle or take away the essential services we provide to our residents. As you may have witnessed in recent months and in the past couple of years, unchecked laws and proposed amendments can have harmful repercussions to everyone in our industry — with many of our colleagues closing their care homes.

Today, there is no one organization more invested, more in tune and more qualified to protect and effectively advocate for our industry than 6Beds. No one. No other residential care-based organization in California compares to 6Beds in function, purpose, membership, leadership, political influence and might. None. (Click to learn more.)

As a stakeholder in our industry’s top governing agencies — DSS, DDS and DOL — 6Beds ensures that no government agencies or special interest groups will propose new laws that impact our care homes without our review and input. Vice-versa, we can now effectively propose new laws (bills) to positively affect our industry. (Click to learn more.)

That said, while membership dues fund 6Beds’ vital lobbying and advocacy work, the dollars our members commit along with the facilities they represent — speak volumes to the lawmakers, governing agencies and special interest groups, that we are dead serious about protecting our residential care industry. That above all, in solidarity with our colleagues, we are no longer silent, unaccounted nor complacent when unjust laws threaten the economic sustainability of our care homes.

Though 6Beds membership boasts almost 2000 care homes and growing, imagine what we could all accomplish together — if all residential care providers step up and have their membership and the facilities they represent, counted: we could vastly change the political landscape of the residential care industry and ensure continued prosperity to our care homes and the essential services we provide to our residents for years to come. Seriously think about that for a moment.

Fellow provider, rather than ask what a 6Beds membership can do for you, ask instead what your membership can do for our residential care industry. The bottom line is that your membership does not empower nor enrich 6Beds to its own end, but rather — through 6Beds — your membership represents a visible and tangible commitment that serves to protect and advance the needs of the residential care industry where it matters — at the Capitol.

It is our sincere and profound hope that all residential care providers join 6Beds to achieve what it stands and fights for: the survival and continued prosperity of our beloved residential care industry and the quality of life of the elderly, developmentally disabled and mentally ill we care for. While your membership is optional, it is mandatory and critical to strengthen and maintain our growing political might over those who wish to dismantle or take over the vital services we provide to our residents.

Apathy and indifference are not an option if we wish to do business and succeed in California as bona fide residential care providers.

So please, join us.

Make your membership count and have your membership counted.

If we don’t come together and contribute to fight for our care homes’ survival, then who will?

Want to learn more?

Read, 6 Reasons to Join or Renew your 6Beds Membership.

Want to do more?

Join your colleagues rally and lobby at the Capitol on April 12, 2016, to protect and advance our residential care industry (click to learn more).

With sincere respect,

6Beds Board of Directors
Gina Wasdyke, MBA
Founder, Director, RCFE & ARF Operator
Ronald Simpson, MBA, PhD
SoCal President, Director, RCFE Operator
Bruce Winstead, Esq
Director, RCFE Operator
George Kutnerian, MBA, M.S.
Director, RCFE Operator

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You Are No Longer Powerless nor Stand Alone…

Fellow Residential Care Provider,

You are no longer powerless against shortsighted and unfair laws that serve to undermine the financial and legal foundation of your care home. You no longer stand alone against powerful government agencies and special interest groups who are indifferent to your care home’s financial viability and operational overhead. You are no longer an insignificant player in the vast and complex political landscape of California’s residential care industry.

For the first time in California’s history — with the inception of 6Beds, Inc.—you are now officially represented and seated as a stakeholder in our industry’s top governing agencies — DSS, DDS and DOL. No longer will lawmakers, government agencies or special interest groups propose new laws that impact your care home without our review and input. This is a game changer for us all! Proposed laws that negatively affect our care homes will be fought aggressively to be amended or defeated to protect our industry, as we have already done successfully in 2014 and 2015. Vice-versa, we can now effectively propose new laws (bills) to positively affect our industry — such as SB 1245 (codifying sleep credit so that bona fide sleeping hours need not be paid) — or amend current ones to mitigate their negative impact, such as AB 2044 (CPR certified caregivers as viable substitutes for 24-hour on-site Administrator requirement) and AB 1387 (removal of cumbersome complainant appeal process while helping pass important licensee appeal reforms).

In solidarity with many of your colleagues — representing almost 2,000 care homes (RCFEs and ARFs) and growing — we have become a vocal and strong political force with the influence and credibility necessary to shape the laws that govern our industry. This is a first in our industry’s history.

How is this made possible?

6Beds is founded and operated by and for care home owners, such as yourself. Our leadership is comprised of some our industry’s leading care providers — well respected in the political arena and by many of our community leaders. We are hardworking care providers — very much like you — with advanced degrees in medicine, nursing, healthcare, law, business and academia. But most importantly, we share and embody your legal and financial plight against unfair laws and the laws’ unsympathetic and, often times, brazen enforcement. In short, your fight is our fight. Our victories are your victories!

Moreover, 6Beds leadership is aided and guided by influential lobbyists (Robert Naylor and Roxanne Gould), our nation’s leading labor law firm (Littler Mendelson) and by various well-seasoned professionals whose countless and immeasurable contributions have and continue to help open doors, create opportunities, and help wield 6Beds’ political might. 6Beds, in conjunction with Littler, has also co-authored our industry’s very first and only Wage and Hour Guide for the Residential Care Facilities, to help you navigate and avoid the increased employer liabilities associated with SB 588, which took effect January 1, 2016. In the process, 6Beds has established an unprecedented mutually respectful, working relationship with both DLSE and DOL — bringing together both agencies, for the first time, to offer the residential care industry joint training on state and federal labor laws.

6Beds’ success — your success — is due in large part, to our strong and growing membership base — comprised of you and your colleagues — whose membership dues fund our 365-day per year lobbying and advocacy efforts. Your membership strengthens our numbers, which thereby strengthens our political influence and the effectiveness of our advocacy.

As care home owners we have a common cause. United, we stand strong to achieve the best for our industry and for our residents — our community. Apart, we are left to fend for ourselves and are defenseless against powerful forces who wish to dismantle and take over the vital services offered by our care homes.

6Beds is your eyes and ears in Sacramento, advocating on your behalf on a daily basis so that you can focus on what matters most — providing care for your residents and running your business. New bills are constantly proposed and current laws amended. We need to stay ahead of these bills and proposals in order to avoid negative impacts to our industry.

That said, we urge you in the strongest possible sense, to join us now or renew your membership today. Be a part of 6Beds; stand steadfast with your colleagues to ensure that 6Beds’ — our — unprecedented political influence continues to grow so that it can safeguard and advocate for our collective livelihood and our residents’ care.

Not convinced? Consider the alternative.

Without 6Beds, there is no one organization more invested, more in tune and more qualified — with growing political and social influence — to protect and effectively advocate for our industry. No one. As you can see, your membership — while optional — is crucial to the preservation and advancement of our residential care industry. On the contrary, apathy and indifference may very well seal its demise.

So please, join us now or renew your membership today so that together we may continue to help all of us.

Still not convinced?

Click to read, 6 Reasons to Join or Renew your 6Beds Membership.

Want to do more?

Join your colleagues rally and lobby at the Capitol on April 12, 2016, to protect and advance our residential care industry (click to learn more).

With sincere respect,

6Beds Board of Directors
Gina Wasdyke, MBA
Founder, Director, RCFE & ARF Operator
Ronald Simpson, MBA, PhD
SoCal President, Director, RCFE Operator
Bruce Winstead, Esq
Director, RCFE Operator
George Kutnerian, MBA, M.S.
Director, RCFE Operator

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April 12, 2016 – Rally & Lobby Day Bus Shedule

Save your energy for the rally and leave the driving to us!

6Beds has rented busses departing from the following locations:

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.

La Habra (SoCal)

Walmart
1340 S Beach Blvd.
La Habra, CA 90631

Park your car at the location above. The bus will leave at exactly 12:00 AM, Monday night and is due to arrive in Sacramento by 9 AM, Tuesday.

Donations appreciated 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.

Click to RSVP and reserve your seat.

Advocacy, Events

Call to Action – Friday, April 8, 2016

Emergency Call to Action

WHEN
April 8, Friday
11:00 AM – 12:30 PM

LOCATION
Phone Conference
Call: 712-775-7031
Enter Code: 399-289-525

Calling ALL residential care facilities serving:

  1. Elderly (60 and over)
  2. Adults (18 to 59) with developmental disabilities
  3. Elderly and Adults with mental illness on SSI/SSP

Agenda

11:00 AM – The Changing Landscape of RCFE
Speakers: George Kutnerian, Director and Senior VP Policy, Dr. Ron Simpson, Director and SoCal President, Bruce Winstead, Director, and Cyndy Minnery, Senior VP Clinical Affairs

11:45 AM – The 4-Bed Policy and $46M Funding
Speakers:  Nestor Uy, VP Greater Bay Area, and Dr. Don Turner, SoCal Leader

12:00 PM – Mental Health and Services Act (Proposition 63): Has Promises Still to Keep
Speakers: Dorie Paniza, NorCal President with Dellie Punla, San Francisco Leader, Dr. Carmen Bujor, Sacramento Leader

12:15 PM – April 12 Rally at the Capitol – Protect the 6! (Residential Care Model)
Speakers: Gina Wasdyke, Ines Otbo, Senior VP of Membership (Licensee and Associate Member), with Liz Hengstler, SoCal VP, Olive Deanda, Treasurer, Angie Marinda, Secretary