California Long Term Care Ombudsman Association CLTCOA CLTCOA 2014 Legislative Platform CLTCOA members: Attended over 40 legislative hearings, Submitted letters of support for over 50 bills Provided expert witnesses on three bills Submitted amendments for four bills Of the 28 bills CLTCOA supported – 13 bills were signed into law! AB 1523 Toni Atkins- RCFE Liability Insurance By July 1, 2015 all RCFE’s will be required to maintain liability insurance. - Policies must provide at least $1 million per occurrence and $3 million in the annual aggregate. - This insurance will cover injury to residents or guests caused by the negligent acts or omissions to act, or neglect by, the licensee or it’s employees. AB 1570 Wes Chesbro’s - Increase RCFE Administrator Certification Requirements Strengthens the RCFE Administrator Certification Program by adding to the required coursework . . . Complete 80 hours of course work(currently 40 hours) Minimum of 60 hours must be with an in-person instructor. . . . . and enhancing the testing component. Pass a 100 question state exam(currently only 40 questions) Department of Social Services Community Care Licensing (DSS CCL) will review the licensee exam annually and update if necessary to prevent conflicts with new laws or regulations. Core Knowledge to be included in course work shall include all of the following: 1) Law, including personal rights, regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly. 2) Business operations. 3) Management and supervision of staff 4) Psychosocial needs of the elderly residents. Core knowledge – continued 5) Physical needs for elderly residents. 6) Community and support services. 7) Medication management, including use, misuse, and interaction of drugs commonly used by the elderly, including antipsychotics. 8) Resident admission, retention, and assessment procedures. 9) Managing Alzheimer’s disease and related dementias. Core knowledge – continued 10) Managing the physical environment, including maintenance and housekeeping. 11) Resident’s rights. 12) Cultural competency and sensitivity in issues related to LGTB community. 13) Postural supports, restricted health conditions, and hospice care. AB 1570 increases the required amount of training and expands the training topics for direct caregiver staff. Receive 20 hours of training before working independently with residents, an additional 20 hours within the first 4 weeks of employment, and an additional 20 hours annually, as prescribed. Core Knowledge to be included in course work for direct care staff shall include all of the following: Physical limitations and needs of the elderly. Importance and techniques for personal care services. Residents’ rights. Core Knowledge to be included in course work for direct care staff shall include all of the following: Policies & procedures regarding medications. Psychosocial need of the elderly residents. Building and fire safety and the appropriate response to emergencies. AB 1572 Susan Eggman- RCFE Resident & Family Councils (CANHR bill) Resident councils shall be composed of residents of the facility. Family members, Resident representatives Advocates Facility staff and LTC Ombudsmen may participate in resident council meetings and activities at the invitation of the resident council. AB 1572 Susan Eggman- RCFE Resident & Family Councils (CANHR bill) For both Resident and Family Councils Facilities must: Consider the recommendations of council Respond in writing within 14 calendar days Inform new residents and resident representatives on meeting time, place & dates Post information in a prominent place and in routine mailings AB 1899 Cheryl Brown- RCFE Quality of Care DSS may deny, suspend or revoke an administrators license for abandoning the RCFE and the residents in care. AB 2044 Freddie RodriguezRCFE Quality of Care Requires that at least one administrator, facility manager, or designated substitute who is at least 21 years of age and has adequate qualifications, be on the premises of the facility 24 hours per day. AB 2044 Freddie RodriguezRCFE Quality of Care Requires: A staff person trained in CPR and first aid is on duty at all times. AB 2171 Robert Wieckowski- Residents Rights (CANHR bill) Establishes statutory rights for RCFE residents, and requires facilities to post them in a prominent location. Section 1569.269 of Chapter 3.2 of division 2 of the Health and Safety Code, for a complete list of the 30 Resident Rights. AB 2214 Steve Fox: Emergency Room Physicians: CEUs Geriatric Care The Medical Board of California shall consider including a course in geriatric care for emergency room physicians and surgeons. AB2236 Mark Stone- RCFE Civil Penalties (CANHR bill) Beginning July 1, 2015, an increase in the civil penalties applicable to violations determined by the DSS: • $10,000 for serious bodily injury • $15,000 for the death of a resident AB2623 Richard Pan M.D. – Law Enforcement Elder Abuse Training Law Enforcement training of Elder and Dependent Adult Abuse will be expanded to include: Legal rights & remedies Emergency protective orders Simultaneous move-out orders Temporary restraining orders AB2623 Richard Pan M.D. – Law Enforcement Elder Abuse Training Requires Commission on P.O.S.T. to consult with both APS and OSLTCO when creating or updating training materials. SB 895 Ellen Corbett- Inspections/ Evaluations of RCFEs(CANHR bill) DSS is required to provide OSLTCO with a precautionary notification if: Reasonably contemplating a TSO Revoking a facility’s license Requires RCFE’s to remedy deficiencies issued by DSS within 10 day of notification, except as specified by DSS. SB 911 Marty Block- Increase RCFE Administrators Training & Staffing for higher acuity (CANHR bill) See AB 1570 for new training requirements for RCFE Administrators and Staff Residents with restricted health conditions shall receive medical care as prescribed by the resident’s physician and contained in the resident’s service plan by appropriately skilled professionals By July 2016, DSS will develop an uniform resident ADL assessment tool SB 1153 Mark Leno- RCFE Suspension of New Admissions (CANHR bill) RCFE facilities are prohibited from accepting new residents if: they currently have an uncorrected violation that presents a direct and immediate risk to the health, safety or personal rights of a resident and until DSS determines that the violation has been corrected and all fines have been paid SB 1382 Marty Block –RCFE Facilities Fees Increases the initial and annual licensing fees for RCFE’s, Adjusted by the capacity of the facility. Questions? Comments? Discussion?