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Important Residential Care Facility Legislation Goes to Governor’s Desk: AB-1437 Care Facilities: Criminal Record Clearances

The legislation AB-1437 Care facilities: criminal record clearances was passed on August 29 by the state Senate nearly unanimously, and was presented to the Governor on September 11. If the Governor signs the bill into law, it will be beneficial for residential care facility owners, caregivers and residents.

Currently, when new prospective employees are screened before they begin working, they must undergo a criminal clearance using fingerprinting technology to be in compliance with the Department of Justice and the FBI. This process is undergone for the employee to work in just one residential care facility for the elderly.

However, residential care facility owners typically operate several facilities, not only one. They need to be able to have new employees screened and pass their criminal clearances for multiple care facilities at once, so the hiring and onboarding process is much more efficient. At the moment, having an employee work in multiple care facilities requires the faxing of each employee’s 5 pages of criminal clearance documentation to each facility she/he will work at, but some of these documents can easily be lost, and the documents can be cumbersome to store. The new bill would help streamline this process and make it more manageable for the care facility owners and also for the Department of Social Services.

If the bill is signed by the Governor, it would result in greater flexibility in residential care staffing, which would mean better service for the health and safety of the residents. This bill will also significantly help with staff management when caregivers call in sick, tend to a family emergency or go on vacation.

The Governor has until September 30 to sign it.

Image Credit: Public domain

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6Beds comments to family charged with running human trafficking ring out of daycare

On behalf of 6Beds, Inc., we express the horror and repulsion we feel reading about the charges against six Bay Area child care and residential facilities. Our hearts go out to all individuals, and their families, affected by this tragic, inhuman crime. 

Click to Watch Video: Owners of California Daycare, Senior Centers Accused of Human Trafficking

6Beds is a volunteer organization that represents small licensed homes serving adults in ARF (Adult Residential Facilities) and elderly in RCFEs (Residential Care Facilities for the Elderly) throughout California.  We serve the frail elderly and individuals with developmental disabilities and/or mental illness in a home like setting and operate in residential communities throughout California.  These homes are run by individuals devoted to improving the quality of life for all their residents, with caregivers who love, bond with and respect these residents. We respect and value our caregivers who help us care for our residents.  The residential care facilities belonging to the family accused are not current 6Beds member.  

For the past four years, 6beds collaborated with the Department of Labor (DOL) and Division of Labor Standards Enforcement (DLSE) and jointly presented over a dozen of Labor Compliance Workshops all over California and over 3,000 operators attended. The most recent labor presentation was on August 24, 2018 in Daly City.  We are hosting two more Labor Workshops before the year ends – October 8 in San Jose (Norcal) and October 22 in Brea (Socal).  

6Beds also partnered with Littler Mendelson P.C., the largest U.S.-based labor law firm and created the Wage and Hour Guide for Residential Care Facilities.  We always look to improve compliance  and willing to educate and inform our members and other residential care operators.   We are hoping that our regulatory agencies such as the Department of Social Services (DSS), Department of Developmental Services (DDS) and the 21 Regional Centers will encourage their operators to attend these Labor Workshops.  

On behalf of 6Beds, Inc., we express the shock we feel that such abhorrent events could happen in a licensed residential facility.   It is in no way represent who we are, and what we stand for. 

Dorie Paniza, 6Beds Norcal President

Ron Simpson, PhD, 6Beds Socal President

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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:

http://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.

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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

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7.5% Rate Increase for Community Care Facilities

Breaking news for all care home owners serving Californians with developmental disabilities: the California Legislature approves health plan tax which means we are going to expect 7.5% rate increase for community care facilities!

We thank all those who had been fiercely lobbying for this rate increase — including the Lanterman Coalition, 6Beds lobbying team, Californians with disabilities, families and friends, and other supporters in the community — because the rates for the DD providers had been stagnant for many years.

Let’s keep going!

Join 6Beds and let your voices be heard on April 12, 2016, at State Capitol’s South Step (N St and 11th St) from 10 AM to 2 PM, as we stage our biggest annual lobby/rally day to ensure protection of our residential care industry that promotes quality care in a home-like environment.

This rally is dubbed, Protect the 6!

We will be lobbying for:

  • admin penalty bill – no scaling (6Beds propose scaling of civil penalties) (AB 2231 Calderon)
  • 8-hour sleep credit – codifying sleep credit in Wage Order 5 (SB 1245 Anderson)
  • referral agency bill (SB 648 Mendoza)
  • expansion, permanency and funding of Assisted Living Waiver (ALW) for Residential Care Facilities for the Elderly (RCFE) serving low income frail elderly, and
  • funding for Adult Residential Facilities (ARF) and 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 translated to $683M in 2005 and increasing. How is it benefiting Californians with mental illness living in these homes?
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6Beds Lobbying Got Us $172M But We Need to Keep on Going


Attention DD Carehome Providers: 6Beds Lobbying Got You $172M!


Flashback…Do you remember the last time the State reduced our rates? How about the time they reduced our number of beds from 6 to 4 beds and slashed 1/3 of our income? How about the time our rates were frozen for years?  These were the past realities of the Alternative Residential Model (ARM) levels 2, 3 and 4, with a long history of stagnant rates. In less than 2 years since 6Beds started rallying and lobbying, only then did we see the change in the ARM rates.

DO NOT LET THIS HAPPEN AGAIN!

Sign up for membership at $50 a month ($1.67/day) to help pay for 6Beds lobbying and keep us going.

In less than two years, 6Beds lobbyists and key leaders lobbied vigorously at the California Governor’s office, Finance Department, DDS and key legislators. The results:

  1. We received a $64M (6% rate increase) in January 1, 2015, and
  2. another $62M (6% rate increase) in January 1, 2016.

6Beds’ fierce lobbying continued at the Governor’s office and Finance Department, and fought to increase rates for the 4-bed model. The result:

  1. The Governor added $46M in the budget to increase funding for the 4-bed model for July 1, 2016!

There is another 7.5% proposed increase for our rates if the $1B Managed Care Organization Tax (MCO) Bill goes through.  Can we keep it?  Can we get some more funding until our rates are sufficient to pay our costs and have a modest profit — the answer is up to us.

That kind of hard work and determination is what it takes to continue adjusting our rates and get the necessary rate increases so we can continue to comply with labor laws and not worry where we can get money to cover our rising costs of doing business in California.

As it stands, we need your help.

6Beds lobbying funds are dwindling if we do not replenish our funds through your membership dues. We need your help as members so we can continue the fight to ensure that the care and housing we provide to Californians with developmental disabilities remains. Lobbying is very expensive as we have two top lobbyists working hard for 6Beds and the residential care industry — Robert Naylor and Roxanne Gould!

How much will it cost each DD provider to keep 6Beds lobbying and the $172M? Just $50/month or $1.67/day!

Click here to JOIN or DONATE.

Click here to RENEW your membership.

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6Beds Directors, Officers and Leaders Statewide Meet Tomorrow for Annual Strategic Planning Meeting

6Beds directors, officers and leaders meet at Senator Building Sacramento for their Annual Strategic Planning Meeting. On February 24, 6Beds leaders, lobbyists and key speakers will meet across State Capitol to discuss 6beds mission, formulate their strategies, plan implementation and evaluation to ensure growth and success for the non-profit organization.

6Beds leaders are coming from Southern California (Orange County, Los Angeles and San Diego), San Francisco Bay, East Bay and Fresno.  6Beds Inc. founded on July 1, 2014, promotes safe and affordable quality care for California seniors and adults with disabilities in a home like environment.

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A Call to Action: First Statewide Dialogue For Providers Serving Californians with Intellectual Disability

Please join us for 6Beds’ first statewide dialogue (via phone conference) to explore a viable solution to keep our residential care homes open so that we can continue to provide excellent care to all Californians with intellectual disabilities. 

Let’s start the dialogue to identify key issues, such as:

  • our industry’s stagnant rates,
  • reduction of our number of beds from 6 beds to 4 beds and
  • labor audits.

This conference call is open to all care home owners serving elderly, adults and children with intellectual disabilities in all 21 Regional Centers.

WHEN
September 30, 2015
Wednesday, 11 AM

TO JOIN THE CONFERENCE CALL, PLEASE:

  • Call:  (712) 775-7031
  • Enter Code:  399-289-525

AGENDA

  1. Insufficient Rates
  2. 4 Bed Policy
  3. Labor Issues – Random federal and state audits, complaint based audit, lawsuits
  4. Historical High Closures
  5. Open Lines of Communications for all 21 Regional Center Vendors
  6. Proposed Solutions – short term and long term

CLICK HERE TO RSVP