July 1, 2014 – 6Beds, Inc. (“6Beds”) was registered as a non-profit, mutual benefit corporation, with the State of California.
August 1, 2014 – with 6Beds’ initial board of directors and initial leaders in place, 6Beds hired the following:
- 3 registered lobbyists: (1) Atty. Robert Naylor, a Stanford and Yale law graduate, former Assembly Member of San Mateo and former Republican Leader of the Assembly; (2) Roxanne Gould, a seasoned and savvy lobbyist; and (3) Tricia Hunter, a former Assembly Member, RN, and health care industry expert
- A Sacramento-based public relations team
- An accountant and general counsel lawyer that specializes in non-profit organizations.
August 4, 2014 – Hearing of Senate Appropriations on Several RCFE Reform Act Bills
August 5, 2014 – Meeting with Chris Reefe, Consultant to Assembly Human Services Committee
August 5, 2014 – Rally at the Capitol in Response to RCFE Reform Act
6Beds, backed by over 500 care providers from across the State, rallied for the first time at the California State Capitol. As a result of the rally and persistent lobbying effort thereafter, many amendments were made to the seventeen bills comprising the 2014 RCFE Reform Act. (Read about the RCRE Reform Act here: https://6beds.org/rcfe-reform-act-of-2014/
August 6, 2014 – Hearing of Assembly Appropriations on Several RCFE Reform Act Bills
August 14, 2014 – AB 2044 (Rodriguez) Amended to Allow Direct Care Staff to be at Facility 24 hours Per Day Instead of Administrator
On June 27, 2014, AB 2044 required an administrator, manager, or designated substitute qualified to be as responsible as a manger be on-site at the facility 24 hours per day. This may have resulted in administrators being required to be on site 24 hours per day at each small-home RCFE location, which would have been an economic deathblow to small-home RCFEs.
6Beds’ lobbying helped result in AB 2044 being amended on August 14, 2014 to allow direct care staff who “shall not be required to meet the educational, certification or training requirements of an administrator” to be the responsible person on hand so long as they had knowledge of the care needs of each resident and emergency procedures and had training on how to interact with emergency personnel. This amendment was nothing short of industry saving.
August 18, 2014 – AB 1570 (Chesbro) Amended to Reduce the Number of Training Hours Required the First Year and the Number of Training Hours Required Before Direct Care Staff Could Work Independently With Residents
On June 27, 2014, AB 1570 required direct care staff to have 40 hours of training before being allowed to work independently with residents and required 20 hours annually, including the first year.
On August 18, 2014, AB 1570 was amended to reduce the number of training hours required before being allowed to work independently with residents to 20 hours, with 20 more hours on the job and the annual training requirement would start in the second year instead of the first.
On August 27, 2014, at 6Beds’ request, the author of AB 1570, Assembly Member Wes Chesbro, had published in the Assembly Daily Journal a letter declaring that the intent of AB 1570 was to allow DSS to provide for portability of training.
August 19 to 22, 2014 – AB 2171 (Wieckowski) Amended to Remove Attorney General Enforcement, Extra CCL Authority, and Private Right of Action
On June 27, 2014, AB 2171 not only created an RCFE resident’s bill of rights, but also created a private right of action with attorneys’ fees to enforce it, extra authority to CCL, and an authorization for the Attorney General to enforce.
On August 19, 2014, AB 2171 was amended to remove the Attorney General enforcement and extra CCL authority.
On August 22, 2014, AB 2171 was amended to remove the private right of action, reducing the bill to the equivalent of a resolution affirming resident rights.
August 22, 2014 – AB 2236 (Maeinschein) Amended to Remove Increases for Lesser Violations and a $1,000 Per Day Immediate Civil Penalty
On June 27, 2014, AB 2236 not only dramatically increased penalties for violations involving death, serious bodily injury or physical abuse, but also increased penalties for lesser violations from the $25 minimum, $150 maximum per day level to an immediate civil penalty of $1,000 per day for fire clearance violations, absence of supervision, the presence of an excluded person, etc. We strongly argued for scaling the penalties according to the size of the facilities, as is done with other licensing categories.
On August 22, 2014, AB 2236 was amended remove the increases for lesser violations as well as the $1,000 per day immediate civil penalty. While we did not get scaling of the serious penalties, DSS proposed such scaling in AB 1467 along with increases in the lesser penalties, which 6Beds will further negotiate on between now and January, 2016.
September 4, 2014 – Letters to the Governor were Prepared on AB 2236, AB 2044, and AB 1523
September 23, 2014 – Meeting with California’s Division of Labor Standards Enforcement (DLSE)
6Beds Directors and leaders had their first meeting with California’s DLSE when they met with Bay Area Regional Manager Benny Cheng to discuss labor issues within the residential care industry. From this point forward, the California DLSE recognized 6Beds as its point of contact within the small home residential care industry.
September 30, 2014 – Meeting with the Department of Insurance
6Beds lobbyists met with the Department of Insurance to discuss the potential need for a pooling mechanism for small-home RCFEs required by AB 1523 to carry liability insurance.
October 1, 2014 – Meeting with Philippine Consulate
The San Francisco-based Philippine Consulate invited 6beds and met with its leaders to discuss California’s labor laws and its negative impact on six-bed residential care homes.
October 21, 2014 – Introductory Meeting with Department of Social Services (DSS)
Represented by 25 key leaders statewide – 6Beds leaders met with DSS Deputy Director Pam Dickfoss and Senior & Adult Statewide Program Administrator Mary Jolls. From this point forward, DSS has recognized 6Beds as the primary stakeholder representing small-home RCFEs and ARFs.
October 29, 2014 – Rally Highlighting Labor Law Concerns: Let’s Talk Labor at the State Capitol
With less than one week of planning, 6Beds organized this rally that drew 300 care providers from across the state. These care providers showed their solidarity in voicing concerns regarding the labor crisis facing the residential care industry. Along with them, various caregivers also attended to show their support. For the very first time, care providers came forward to share their personal experiences with labor issues.
November 14, 2014 – Meetings Across the State with DSS Regional Managers
6Beds leaders met with DSS Regional Managers throughout the State to initiate dialogue and collaboration at the local level, including partnership and collaboration on various potential projects to improve the residential care system.
November 19, 2014 – 6Beds Hired Littler Mendelson (“Littler”)
6Beds hired Littler, widely regarded as the nation’s top labor and employment law firm. 6Beds has worked closely with a Littler team led by Michael Lotito, Co-Chair of Littler’s Workplace Policy Institute and regarded as one of the nation’s top labor attorneys, to help guide and navigate our course of action when dealing with California’s DLSE, California’s Labor and Workforce Development Agency, and the U.S. Department of Labor (DOL) in addressing labor laws and issues crippling our industry as well as the development of comprehensive wage & hour guidelines to assist 6Beds members in complying with complicated wage & hour laws.
November 22, 2014 – 6Beds Northern California Officer Induction Event
6Beds held its first Northern California Officer Induction Event at the Crowne Plaza Hotel in Burlingame.
On December 2, 2014 – 6Beds Invited to Participate in a Series of DSS Meetings Entitled The Evolution of RCFEs
6Beds leaders, along with the California Assisted Living Association (CALA) and other key stakeholder groups, met with DSS to begin much anticipated discussion about the changing landscape of Residential Care Facilities for the Elderly (RCFE) over the course of a series of meetings.
December 14, 2014 – Meeting with U.S. DOL
6Beds leaders, attorneys, and lobbyists met with the U.S. DOL to express 6Beds’ concerns over costly labor audits that have been occurring with increasing frequency.
December 18, 2014 – Meetings with Department of Developmental Services (DDS) in Sacramento and DSS Officials in Orange County
6Beds had meetings in Sacramento with top DDS officials, including Director Santi Rogers, an initial meeting with Managers of DSS’ Orange County office and also a meeting with ARF/RCFE licensees in Riverside County.
January 13, 2015 – Evolution of RCFEs: Alternative Community Care Models DSS Subcommittee Meeting
Other stakeholder groups advocated for a health-care based regulatory model, similar to nursing facilities, due to increasing acuity of residents. In response, 6Beds advocated for preservation of the social services based model, emphasizing that RCFE staff does not provide medical care, but rather helps coordinate care by helping bring medical professionals (e.g. home health) into the RCFE environment. 6Beds argued that a social services based model provides more choice for consumers and cited that since more medical services are being provided in people’s own private homes, those services should continue to be provided in the RCFE environment within the social services based regulatory framework.
January 14, 2015 – Evolution of RCFEs: Resident Healthcare Plan Accountability DSS Subcommittee Meeting
This was a meeting to begin dialogue on reconciling the care plans for RCFE residents on hospice maintained by hospice agencies with the care plans maintained by licensees for those same RCFE residents on hospice given that DSS has identified that hospice agency care plans do not necessarily conform to Title 22 regulations.
January 15, 2015 – Meeting with U.S. DOL
6Beds, along with its lobbyists and Littler, met with the U.S. DOL for a second time to continue discussion regarding costly labor audits and common compliance problems in the industry in preparation for Littler beginning development of wage & hour guidelines. The U.S. DOL communicated that more compliance in the residential care industry would slow down audits and the DOL expressed enthusiasm for the idea of 6Beds commissioning the development of wage & hour guidelines to assist with compliance efforts.
January 25, 2015 – 6Beds First Annual Walk-A-Thon
6Beds’ First Annual Walk-A-Thon was held at Heathers Farm in Walnut Creek to raise awareness and funds for disadvantaged seniors.
January 28, 2015 – 6Beds Leaders Go to Washington D.C.
6Beds leaders travel to Washington, D.C. to work on labor issues and to do initial exploration of possible coalitions with national organizations.
January 30, 2015 – 6Beds, Southern California Officer Induction Event
6Beds held its first Southern California Officer Induction and Red Carpet Event at the Long Beach Marriott.
February 18, 2015 – DSS Evolution of RCFEs Meeting
In this meeting, 6Beds was influential in rallying other stakeholders around 6Beds’ preference for strengthening the existing social services based RCFE model instead of creating a new health care based model that is more similar to the nursing facility model.
February 20, 2015 – Conference call with CANHR
6Beds’ lobbyists met with CANHR to create a dialogue regarding 6Beds’ legislative priorities.
March 17, 2015 – 6Beds Lobby Day and Rally
6Beds held its 3rd Rally at the State Capitol, a tribute to SSI/SSP Providers, who are at the brink of extinction due to the combination of a very low SSI/SSP rate and the labor crisis facing the residential care industry. At the conclusion of the Rally, 6Beds members from throughout the State travelled from the Capitol Building to rally at the State and Federal Department of Labor Buildings.
Simultaneously, 6Beds’ Legislative Committee and lobbyists spent the entire day in nine meetings with key legislators and their staff, including the Governor’s Office. As a result, Governor Brown’s office directed State Secretary of Labor Lanier’s office to start a dialogue regarding the current labor crisis and potential legislative solutions.
April 9, 2015 – 6Beds Meeting with State Labor Secretary David Lanier’s Office
6Beds leaders and lobbyists held a conference call meeting with State Labor Secretary David Lanier’s Legislative Director and Special Counsel during which 6Beds introduced them to the history and culture of residential care homes in California as well as the serious problem created by labor audits and the cost to the State if these homes close. The meeting, scheduled for 30 minutes, lasted 1 ¼ hours and included eye-opening dialogue.
April 22, 2015 – DSS Stakeholder Meeting on AB 1467 (Civil Penalties)
DSS invited 6Beds and its lobbyists to participate in a stakeholder meeting to discuss AB 1467, which includes the scaling down of major civil penalties based on facility size. 6Beds has fervently lobbied for the scaling down of major civil penalties based on facility size and this lobbying likely played a role in AB 1467 including this language. DSS informed the stakeholder groups that the bill would be taken up next year, but that discussions would continue this year in hopes of building stakeholder consensus leading into 2016.
April 27, 2015 – 6Beds Meeting with California Department of Finance
6Beds leaders and lobbyists met with three key members of the California Department of Finance’s Health & Human Services Unit and introduced them to a financial analysis demonstrating financial insolvency for the average 6Bed provider. 6Beds also showed data demonstrating homes closing in areas where audits are rampant. This meeting drove home what the cost to California would be if these homes close.
April 27, 2015 – 6Beds Lobbyists Meet with Dorian Almaraz, Legislative Aide to Senator Mendoza Regarding SB 648
In this meeting, 6Beds’ lobbyists communicated potential improvements to SB 648, which would regulate referral agencies.
April 30, 2015 – DSS RCFE Provider Meeting
6Beds highlighted the financial hardship that carrying liability insurance could cause 6Bed RCFEs and the need to be mindful of this in the context of how liability insurance requirements taking effect on July 1, 2015 would be enforced by DSS.
6Beds also discussed new training requirements set to take effect on January 1, 2015 and championed the idea that it and other stakeholder groups work together with DSS to develop a policy that would make direct care staff training portable across different facilities and licensees given that beginning on January 1, 2015, direct care staff cannot work independently with clients until 20 hours of training have been completed. Allowing direct care staff training to be portable across different facilities and licensees would reduce training costs for the industry as a whole.
May 4, 2015 – 6Beds Meeting with the Department of Health & Human Services
6Beds leaders and lobbyists met with the Department of Health and Human Services to increase awareness regarding the important role that small home RCFEs and ARFs play within California’s economy and continuum of care. 6Beds highlighted that providers that take care of low-income seniors on SSI/SSP and adults with developmental disabilities on SSI/SSP cannot pass on increased labor costs to these clients. 6Beds pointed out the billions of dollars it would cost the State each year if these homes closed.
May 4, 2015 – 6Beds Meeting with Governor Brown’s Deputy Legislative Affairs Secretary
6Beds leaders and lobbyists met for the second time with Governor Brown’s Deputy Legislative Affairs Secretary to review the progress 6Beds had made in its meeting with various administrative departments. 6Beds was asked by the Deputy Legislative Affairs Secretary for specific legislative language that could be included in a budget Trailer Bill to address 6Beds’ California labor law concerns.
May 6, 2015 – 6Beds Political Action Committee (“PAC”) registered with the State.
The 6Beds PAC can receive donations to use for political, legislative, or governmental purposes. The 6Beds PAC has been organized to make contributions to candidates in California. The 6Beds PAC further unites 6Beds, Inc., its affiliate members, small facility care providers, and other individuals and businesses who share the views and goals of 6Beds, in order to establish a recognized voice in California politics for senior and adult care facilities.
May 7, 2015 – 6Beds Drafts Trailer Bill Language Proposing to Exempt 6Beds Providers from California Daily Overtime, Double-Time, and Meal & Rest Break Requirements
6Beds delivered to Governor Brown’s Deputy Legislative Affairs Secretary budget Trailer Bill language that proposes to eliminate California daily overtime, double-time, and meal & rest break requirements for residential care facilities with 6 beds or less that serve the elderly or developmentally disabled. This budget Trailer Bill language was sent by the Governor’s Deputy Legislative Affairs Secretary to all relevant administrative departments.
May 13, 2015 – 6Beds Lobbyists Meet with Carla Saporta, Health & Human Services Consultant to Senator Jim Beall to discuss 6Beds’ proposed Trailer Bill Language
May 13 & 16, 2015 – 6Beds Lobbyists Meet with Gail Gronert, Senior Consultant to Speaker of the Assembly (Toni Atkins) on Human Services to discuss 6Beds’ proposed Trailer Bill Language
May 14, 2015 – 6Beds Lobbyists Meet with Dorian Almaraz, Legislative Aide to Senator Mendoza and lead on SB 648 (Referral Agency Reform)
May 18, 2015 – 6Beds Lobbyists Meet with Jen Troia, Advisor to Senator Pro Tempore Kevin de Leon Regarding Human Service Issues.
May, 2015 – 6Beds Receives Phone Call from Michael Eastwood, Assistant District Director of Wage & Hour Enforcement
Assistant District Director Michael Eastwood informs 6Beds that he is:
- Now seeing more compliance
- Impressed with 6Beds’ investment with Littler to create wage & hour guidelines
- Going to do live online training for 6Beds members and also do joint training with the California DLSE
- Wanting to move-on to a new industry
- Showing more leniency in audits where two 24 hour live-in caregivers share a room – a break through and something which appears to have come from higher levels within the DOL.
June 3, 2015 – U.S. DOL Conducts First Ever Online Training for 6Beds Members
Michael Eastwood, Assistant District Director of the DOL’s Wage & Hour Division, conducted the first ever online WebEx training for 6Beds members only that addressed many key federal compliance issues for residential care facility owners. Mr. Eastwood repeatedly acknowledged the significance of 6Beds’ contribution to creating the environment where this kind of training and collaboration could happen.
June 3, 2015 – 6Beds’ Lobbyists Meet with Lobbyists for the Coalition for Responsible Senior Placement Agencies
6Beds’ lobbyists discussed with lobbyists for the Coalition for Responsible Senior Placement Agencies ways for our respective organizations to work together on addressing the predatory practices of online-based referral agencies.
June 8, 2015 – 6Beds Lobbyists Meet With Assembly Member Tony Thurmond, Chair of the Assembly Budget Subcommittee #1 on Health and Human Services Regarding 6Beds’ Trailer Bill Language
June 17, 2015 – 6Beds Meeting with Assembly Member Rob Bonta
6Beds leaders and lobbyists met with California Assembly Member Rob Bonta and his Senior Consultant An-Chi Tsou for over an hour in his Sacramento office to discuss the serious economic issues facing small home RCFE and ARF owners and sought his support for 6Beds’ Trailer Bill. AM Bonta had many suggestions and expressed sincere interest in helping 6Beds achieve a legislative solution.
June 30, 2015 – U.S. DOL Conducts Second Online Training for 6Beds Members
Michael Eastwood, Assistant District Director of the DOL’s Wage & Hour Division, conducted a second WebEx training for 6Beds members only. He also discussed scheduling joint training with California’s DLSE.
July 1, 2015 – 6Beds Meeting with Senator Holly Mitchell
In 6Beds’ efforts to continue to reach out to key California Senators and Assembly Members to support its trailer bill, 6Beds leaders and lobbyists met with Senator Holly Mitchell. Senator Mitchell understood well the importance of small home RCFEs and ARFs as well as the issues they face and expressed sincere interest in helping 6Beds achieve legislative relief.
July 9, 2015 – 6Beds’ Lobbyists Meet with Tim Valderama, Chief of Staff to Senator Hernandez, Chair of the Special Session Policy Committee on Public Health and Developmental Disabilities.
July 9, 2015 – 6Beds Meeting with Alzheimer’s Association’s State Policy Director, Susan DeMarois
The Alzheimer’s Association invited 6Beds leaders and members to a meeting to discuss potential opportunities to collaborate with regard to making dementia training available to 6Beds members. This was an initial discussion and 6Beds will continue to this dialogue with the Alzheimer’s Association.
July 10, 2015 – Meeting with Senator Mark Leno at District Office
6Beds leaders and members met with Senator Mark Leno to discuss the labor crisis facing the industry and Senator Leno committed to his office in Sacramento following up with 6Beds’ leaders and lobbyists to further discuss 6Beds’ trailer bill proposal.
July 14, 2015 – 6Beds Drafts Comment Letter and Testifies Against AB 1387 (Complainant Appeal Process) Before Senate Human Services Committee
6Beds drafts comment letter and testifies before the Senate Human Services Committee against AB 1387’s proposed two-level complainant appeal process, which would allow complainants to appeal DSS complaint and investigation results after DSS has already issued findings. This bill would potentially lengthen the complaint and investigation processes by over 100 days.
July 15, 2015 – 6Beds Meeting with Senator Beall
6Beds leaders and lobbyists met with Senator Beall to discuss the industry’s labor crisis and 6Beds’ proposed trailer bill, which he was receptive to. As a result of 6Beds’ persistent lobbying efforts over the last several months, Senator Beall now represents just one of a number of key legislators that appear to be receptive of 6Beds’ proposed trailer bill addressing California’s strict overtime, double-time, and meal & rest break requirements.
July 21, 2015 – 6Beds Lobbyists Meet with Senator Leno’s Staff
6Beds’ lobbyists met with Danielle Lenth of Senator Leno’s staff to further discuss the labor crisis facing the industry and 6Beds’ proposed trailer bill.
July 21, 2015 – 6Beds’ Lobbyists Meet With Julie Onodera, Consultant to the Senate Appropriations Committee to Outline 6Beds’ Objections to AB 1387
6Beds’ lobbyists met with Julie Onondera, consultant to the Senate Appropriations Committee to outline 6Beds’ objections to AB 1387, most notably its objection to the proposed two-level complainant appeal process.
July 27, 2015 – U.S. DOL Provides Feedback on Littler/6Beds Wage and Hour Guide for Residential Care Facilities in California
At the U.S. DOL’s request, 6Beds had submitted the much anticipated Littler/6Beds Wage and Hour Guide for Residential Care Facilities in California to the U.S. DOL for review. After review by multiple DOL District Directors and the Director of Enforcement for the Western Region, the U.S. DOL had a call with 6Beds and Littler to discuss the guide. The DOL made some minor stylistic and presentation suggestions to help highlight certain key concepts in the guide and while the DOL expressed that it cannot provide a formal endorsement of the Littler/6Beds guide or any guide, which 6Beds expected was the case, the DOL did not point out anything in the Littler/6Beds guide that it thought was inaccurate or inconsistent with federal laws and regulations. This was an extremely positive meeting that validated the tremendous amount of work that went into developing the Littler/6Beds Wage and Hour Guide for Residential Care Facilities in California.
August 1, 2015 – Unveiling of the Wage & Hour Guide for Residential Care Facilities in California and 6Beds’ One Year Celebration
This day marks the highly anticipated unveiling of the Wage & Hour Guide for Residential Care Facilities in California – an online toolkit that provides a detailed and up-to-date summary of federal and California law to help residential care facilities keep track of and comply with complex wage-and-hour regulations. Residential care facilities have been under increased scrutiny in recent years, particularly in the area of wage and hour compliance. To complicate matters, federal and state laws and regulations continue to evolve at breakneck speed. This toolkit provides detailed guidelines that keep pace with these legislative, regulatory, and judicial developments, and includes answers to Frequently Asked Questions as well as state-of-the-art sample forms and agreements to help residential care facilities remain in compliance with the ever-changing nature of wage and hour law. This online toolkit is co-authored by Littler attorneys Alecia W. Winfield, Tammy D. McCutchen (former U.S. Wage & Hour Administrator), and Ashley J. Brick. The Wage & Hour Guide for Residential Care Facilities in California is the only toolkit of its kind and is unprecedented in the history of residential care in California.
This day also marks our one year celebration – a time to reflect on and celebrate 6Beds’ accomplishments over the past year and a time to recognize 6Beds’ members, without whom 6Beds’ success would not be possible.
August 14, 2015 – Portability of Direct Care Staff Training DSS Policy Meeting
6Beds’ persistence in championing portability of direct care staff training appears to be paying dividends as DSS has invited 6Beds and other provider stakeholder groups to work with its Policy Development Bureau to develop a policy that would allow at least portions of direct care staff training to be portable across facilities and licensees.