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AB-2607 Veterans: Medical Foster Home Pilot Program.(2017-2018)

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Date Published: 03/21/2018 09:00 PM
AB2607:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2607

Introduced by Assembly Member Berman
(Principal coauthor: Assembly Member Flora)

February 15, 2018

An act to add and repeal Chapter 5 (commencing with Section 1850) of Division 8 of the Military and Veterans Code, relating to veterans.


LEGISLATIVE COUNSEL'S DIGEST


AB 2607, as amended, Berman. Veterans: Medical Foster Home Pilot Program.
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law provides for the licensure of residential care facilities for the elderly, community care facilities, and residential care facilities for persons with chronic, life-threatening illness by the State Department of Social Services. Existing law exempts from the application of these provisions specified facilities, including general acute care hospitals and clinics. Existing law authorizes the California State Auditor, upon the request by the Joint Legislative Audit Committee and to the extent funding is available, to audit a state or local governmental agency, as defined, or any other publicly created entity.
Existing law, Chapter 650 of the Statutes of 2014, established the Medical Foster Home Pilot Program from June 1, 2015, until January 1, 2018, which authorized a United States Department of Veterans Affairs (USDVA) facility to establish a medical foster home that is not subject to licensure or regulation as a residential care facility for the elderly, a community care facility, or a residential care facility for persons with chronic, life-threatening illness, pursuant to specified federal requirements. Existing law required the USDVA facility establishing the home to agree to be subject to the jurisdiction of the California State Auditor, and further required the USDVA to obtain criminal background information for caregivers and specified individuals residing in the home.
This bill would reestablish the Medical Foster Home Pilot Program, until January 1, 2022, under substantially similar requirements as the previous pilot program. The bill would state the intent of the Legislature that the California State Auditor, through a request to the Joint Legislative Audit Committee, conduct an audit evaluating the pilot program created by this bill no sooner than January 1, 2020, as specified. The bill additionally would require medical foster home caregivers and individuals, other than veteran residents, over 18 years of age and who reside in the medical foster home to register as independent home care aides, under existing provisions, including a background examination, as specified. An applicant for registration as an independent home care aide is required to submit to the State Department of Social Services a signed declaration, under penalty of perjury, regarding any prior criminal convictions. By requiring additional individuals to register as independent home care aides, the bill would expand the scope of the crime of perjury, thereby imposing a state-mandated local program.
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.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans. Existing law provides for the licensure of residential care facilities for the elderly, community care facilities, and residential care facilities for persons with chronic, life-threatening illness, by the State Department of Social Services.

The Medical Foster Home Pilot Program, which was repealed on January 1, 2018, authorized a United States Department of Veterans Affairs (USDVA) facility to establish a medical foster home in this state for the placement of veterans that is not subject to licensure or regulation as one of the above-listed facilities, but subject to other specified federal and state requirements.

This bill would state the intent of the Legislature to enact legislation that would reestablish the Medical Foster Home Pilot Program for the benefit of veterans.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 It is the intent of the Legislature to expand the United States Department of Veterans Affairs medical foster home program in California by authorizing the United States Department of Veterans Affairs facilities in the state to establish medical foster homes that are exempt from regulation under the California Residential Care Facilities for the Elderly Act, the California Community Care Facilities Act, and Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

SEC. 2.

 Chapter 5 (commencing with Section 1850) is added to Division 8 of the Military and Veterans Code, to read:
CHAPTER  5. Medical Foster Home Pilot Program

1850.
 This chapter shall be known and may be cited as the Medical Foster Home Pilot Program.

1851.
 The following definitions shall apply for purposes of this chapter:
(a) “Medical foster home” has the same meaning as that term is defined in Section 17.73 of Title 38 of the Code of Federal Regulations.
(b) “Medical foster home caregiver” means the primary person who provides care to a veteran resident in a medical foster home.
(c) “USDVA facility” means a United States Department of Veterans Affairs facility.
(d) “Veteran resident” has the same meaning as that term is defined in Section 17.73 of Title 38 of the Code of Federal Regulations.

1852.
 A USDVA facility may establish a medical foster home program in California pursuant to this chapter no sooner than June 1, 2019. A medical foster home established pursuant to that program is not subject to licensure or regulation under the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code), the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), or Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code if all of the following requirements are satisfied:
(a) The medical foster home meets the requirements of Sections 17.73 and 17.74 of Title 38 of the Code of Federal Regulations.
(b) The USDVA facility submits or has submitted a proposal to establish a medical foster home program to the Director of Home and Community-Based Care in Geriatrics and Extended Care Services in the Central Office of the USDVA and that director authorizes or has authorized the program.
(c) The USDVA facility establishing the foster home agrees to be subject to the jurisdiction of the California State Auditor for the purpose of evaluating the program created under this chapter. Consistent with this agreement, the USDVA facility shall provide data, information, and case files as requested by the California State Auditor to perform all of his or her duties in evaluating the program created under this chapter.
(d) To ensure the safety of California’s veterans, a medical foster home caregiver or an individual, other than a veteran resident, who is over 18 years of age and is residing in the medical foster home shall register as an independent home care aide and undergo a background examination as required by Section 1854.

1853.
 It is the intent of the Legislature that the California State Auditor, through a request to the Joint Legislative Audit Committee, conduct an audit that assesses and evaluates the pilot program created by this chapter no sooner than January 1, 2020. It is the intent of the Legislature that the audit be used to do both of the following:
(a) Evaluate the success of the pilot program by confirming that the USDVA facilities are meeting their goals and standards.
(b) Make recommendations to the Legislature regarding the continuation of the program, including, but not limited to, recommendations regarding changes or reforms needed for improvement of the program.

1854.
 (a) A person initiating a background examination under this chapter shall register as an independent home care aide. As provided in Article 4 (commencing with Section 1796.21) of Chapter 13 of Division 2 of the Health and Safety Code, the person shall submit his or her fingerprints to the Department of Justice by electronic transmission in a manner approved by the State Department of Social Services, unless exempt under subdivision (d), and shall submit to the State Department of Social Services a signed declaration, under penalty of perjury, regarding any prior criminal convictions pursuant to Section 1522 of the Health and Safety Code and a completed home care aide application.
(b) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this section. The fee revenues shall be deposited in the Fingerprint Fees Account.
(c) The Department of Justice shall use the fingerprints to search state and Federal Bureau of Investigation criminal offender record information pursuant to Section 1522 of the Health and Safety Code.
(d) A person who is a current licensee or employee in a facility licensed by the State Department of Social Services, a certified foster parent, a certified administrator, or a registered TrustLine provider is not required to submit fingerprints to the Department of Social Services, and may transfer his or her current criminal record clearance or exemption pursuant to paragraph (1) of subdivision (h) of Section 1522 of the Health and Safety Code. The person shall instead submit to the State Department of Social Services, along with the person’s registration application, a copy of the person’s identification card described in Section 1796.22 of the Health and Safety Code and sign a declaration verifying the person’s identity.

1855.
 This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.

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.
SECTION 1.

It is the intent of the Legislature to enact legislation that would reestablish the Medical Foster Home Pilot Program for the benefit of veterans.