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AB-1999 Residential care facilities for the elderly: resident property.(2007-2008)

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CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1999

Introduced  by  Assembly Member Adams
 (Coauthor(s): Senator Margett)

February 15, 2008

An act to add Sections 1569.161 and 1569.162 to the Health and Safety Code, relating to care facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1999, as introduced, Adams. Residential care facilities for the elderly: resident property.
Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. A violation of these provisions is a misdemeanor. Existing law provides that if a residential care facility for the elderly fails to make reasonable efforts to safeguard resident property, the facility will be required to reimburse a resident for or replace stolen or lost resident property at its then current value.
This bill would prohibit any owner, employee, agent, or consultant of a residential care facility for the elderly or member of his or her immediate family, or the representative of a public agency or organization operating within the residential care facility for the elderly with state, county, or city authority, or member of his or her immediate family, from purchasing or receiving any item or property with a fair market value of more than $100 from a resident of the facility, unless the transaction is made in the presence of a representative of the Office of the State Long-Term Care Ombudsman. This bill would require these transactions to be recorded by the facility in the personal record of the resident.
This bill would require any person who violates these provisions to return the item or property purchased or received or pay the fair market value for the item or property, as specified. This bill would provide that a violation of the above provisions would be an infraction, thereby imposing a state-mandated local program.
This bill would provide that if a gift, devise, or bequest with a value of more than $1,000 is made to a residential care facility for the elderly by a resident of that facility, a rebuttable presumption shall exist that the gift, devise, or bequest was the product of unlawful coercion, unless the gift, devise, or bequest is executed in the presence of, or with the consent of, a representative of the Office of the State Long-Term Care Ombudsman.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1569.161 is added to the Health and Safety Code, to read:

1569.161.
 (a) No owner, employee, agent, or consultant of a residential care facility for the elderly or member of his or her immediate family, or representative of a public agency or organization operating within the residential care facility for the elderly with state, county, or city authority, or member of his or her immediate family, shall purchase or receive any item or property with a fair market value of more than one hundred dollars ($100) from a resident in the residential care facility for the elderly, unless the purchase or receipt is made or conducted in the presence of a representative of the Office of the State Long-Term Care Ombudsman, as defined in subdivision (d) of Section 9701 of the Welfare and Institutions Code. The role of the ombudsman is to witness the transaction and to question the resident and others as appropriate, about the transaction. The ombudsman may submit written comments pertaining to the transaction into the personal record of the resident. The Office of the State Long-Term Care Ombudsman shall establish guidelines concerning activities of ombudsmen pursuant to this section. Additionally, the transaction described in this subdivision shall be recorded by the facility in the personal record of the resident. The record of the transaction shall include the name and address of the purchaser, date and location of the transaction, description of property sold, and purchase price. The instrument shall include signatures of the resident, the purchaser, and the witnessing ombudsman.
(b) Any owner, employee, agent, or consultant of a residential care facility for the elderly, or member of his or her immediate family, or representative of a public agency or organization operating within the residential care facility for the elderly with state, county, or city authority, or member of his or her immediate family, who violates subdivision (a) shall be required to return the item or property he or she purchased to the person from whom it was purchased, if he or she still possesses it. If the employee no longer possesses the item or property, he or she shall pay the person who sold the item or property the fair market value at the time he or she would otherwise be required to return the property.
(c) Craft items, which are those items made by residents of a residential care facility for the elderly, are exempt from this section.
(d) Any violation of this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) which shall be enforced by the Department of Aging. The Department of Aging may bring a cause of action in a court of competent jurisdiction to enforce the provisions of this subdivision.
(e) Notwithstanding Section 1569.40, any person who violates this section is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100).

SEC. 2.

 Section 1569.162 is added to the Health and Safety Code, to read:

1569.162.
 If a gift, devise, or bequest with a value of more than one thousand dollars ($1,000) is made to a residential care facility for the elderly by a resident of that facility, a rebuttable presumption shall exist that the gift, devise, or bequest was the product of unlawful coercion, unless the gift, devise, or bequest is executed in the presence of, or with the consent of, a representative of the Office of the State Long-Term Care Ombudsman, as defined in subdivision (d) of Section 9701 of the Welfare and Institutions Code.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.