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SB-648 Care facilities.(2021-2022)

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Date Published: 04/14/2021 09:00 PM
SB648:v98#DOCUMENT

Amended  IN  Senate  April 14, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 648


Introduced by Senator Hurtado

February 19, 2021


An act to add Sections 1565.6 and 1569.6 to the Health and Safety Code, relating to care facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 648, as amended, Hurtado. Care facilities.
Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. Existing regulation includes an adult residential facility, as defined, as a community care facility for those purposes. Existing law also provides for the licensure and regulation of residential care facilities for the elderly by the department. A violation of those provisions is a crime.
Existing law also establishes the In-Home Supportive Services (IHSS) program, administered by the department and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law states the intent of the Legislature to authorize an assessment on home care services, including IHSS.
This bill would provide that a resident in an adult residential facility or a residential care facility for the elderly in which at least 75 percent of the residents receive benefits pursuant to the State Supplementary Program for the Aged, Blind, and Disabled is also eligible to receive IHSS following an assessment for IHSS. The bill would authorize an adult residential facility or residential care facility to receive up to 60 hours of IHSS a week and would require an adult residential facility or residential care facility that receives benefits pursuant to those provisions to use the savings derived from IHSS towards certain expenses, including, among others, facility upkeep or upgrades. may receive Enriched Care Adult Residential Facility pilot program payments, as specified. The bill would provide for the termination of the pilot program on June 30, 2026, as specified. The bill would, among other things, require the county to distribute a stipend of $1,000 per resident, per month, to be used for auxiliary services, as defined, when it determines that the facility meets specified criteria. The bill would require facilities that receive the stipend to report to the county specified information, including the description of the auxiliary services provided. The bill would require the State Department of Social Services to evaluate the program, as specified, and to report that information to the relevant policy committees. The bill would require the State Department of Social Services to implement these provisions in order to maximize federal funding and would authorize the department to implement the provisions through all-county letter or similar instruction. By imposing additional administrative duties on local officials administering the IHSS program and by expanding the scope of an existing crime, the bill would impose 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 1565.6 is added to the Health and Safety Code, to read:
1565.6.

(a)(1)A resident in an adult residential facility, as defined by paragraph (5) of subdivision (a) of Section 80001 of Title 22 of the California Code of Regulations and established pursuant to paragraph (1) of subdivision (a) of Section 1502, that meets the requirements of subdivision (b), and who receives benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, shall also be eligible to receive services pursuant to the In-Home Supportive Services program in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, following an assessment pursuant to Section 12301.05 of the Welfare and Institutions Code.

(2)A resident described in paragraph (1) shall be eligible to receive services pursuant to the In-Home Supportive Services program in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code even if the resident is also receiving the nonmedical out of home care supplement pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code.

(b)An adult residential facility in which at least 75 percent of residents receive benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, may receive up to 60 hours of services pursuant to the In-Home Supportive Services program in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, as provided for in subdivision (a), per week.

(c)An adult residential facility with residents that receive the in-home supportive services described in subdivision (b) shall use the savings derived from the in-home supportive services towards one or more of the following expenses:

(1)Facility upkeep or upgrades.

(2)Enhanced staffing ratios.

(3)Planned activities as defined in subdivision (a) of Section 87219 of Title 22 of the California Code of Regulations.

SEC. 2.Section 1569.6 is added to the Health and Safety Code, to read:
1569.6.

(a)(1)A resident in a residential care facility for the elderly, as defined in Section 1569.2, that meets the requirements of subdivision (b), and who receives benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, shall also be eligible to receive services pursuant to the In-Home Supportive Services program in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, following an assessment pursuant to Section 12301.05 of the Welfare and Institutions Code.

(2)A resident described in paragraph (1) shall be eligible to receive services pursuant to the In-Home Supportive Services program in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code even if the resident is also receiving the nonmedical out of home care supplement pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code.

(b)A residential care facility for the elderly in which at least 75 percent of residents receive benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, may receive up to 60 hours of services pursuant to the In-Home Supportive Services program in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, as provided for in subdivision (a), per week.

(c)A residential care facility for the elderly with residents that receive the in-home supportive services described in subdivision (b) shall use the savings derived from the in-home supportive services towards one or more of the following expenses:

(1)Facility upkeep or upgrades.

(2)Enhanced staffing ratios.

(3)Planned activities as defined in subdivision (a) of Section 87219 of Title 22 of the California Code of Regulations.

SECTION 1.

 Section 1565.6 is added to the Health and Safety Code, to read:

1565.6.
 (a) There is hereby created the Enriched Care Adult Residential Facility pilot program, the purpose of which is to promote the sustainability of essential residential care facilities that serve recipients who receive Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
(b) The pilot program shall terminate on June 30, 2026, and counties shall have expenditure authority over program funds until June 30, 2027.
(c) An adult residential facility, as defined by paragraph (5) of subdivision (a) of Section 80001 of Title 22 of the California Code of Regulations and established pursuant to paragraph (1) of subdivision (a) of Section 1502, that meets both of the following criteria may be eligible to receive Enriched Care Adult Residential Facility pilot program payments:
(1) Has at least 20 residents or 50 percent of the licensed capacity of the residents who receive benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code.
(2) Agrees to accept future residents who are currently or formerly homeless or at risk of homelessness and receive benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or are participating in the Housing and Disability Advocacy Program pursuant to Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code.
(d) If the county determines that a facility’s application meets the criteria in subdivision (c), the facility shall be eligible for a stipend of one thousand dollars ($1,000) per resident who receives SSI/SSP benefits per month, which shall be distributed by the county within 15 days.
(e) The purpose of the stipend is to provide auxiliary services as defined in subdivision (k).
(f) Facilities that receive the stipend shall do both of the following:
(1) Submit to the county biannual reports including, but not limited to, all of the following information:
(A) A description of the auxiliary services provided.
(B) The number of retained residents who receive SSI/SSP benefits.
(C) The number of new residents who receive SSI/SSP benefits who have moved into the facility.
(D) For residents who have left, the location of next residence.
(E) A brief description of how the grant was used to benefit residents.
(F) The demographics of residents who receive SSI/SSP benefits, including age, race, and gender.
(2) Maintain no fewer than the number of residents receiving SSI/SSP benefits at the commencement of the grant.
(g) Participating counties shall compile the facilities’ biannual reports and submit them to the State Department of Social Services.
(h) (1) The State Department of Social Services shall evaluate the pilot program’s success in overall retention of SSI/SSP benefit recipients within participating facilities and expanding the statewide capacity for SSI/SSP benefit recipients to reside in adult residential facilities and report that information to the relevant policy committees of the Legislature. The State Department of Social Services may contract this evaluation report.
(2) The report pursuant to paragraph (1) shall include an identification of potential federal funding sources.
(i) The State Department of Social Services shall implement these provisions in order to maximize federal funds.
(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall issue an all-county letter or similar instruction to implement this section.
(k) For purposes of this section, the following terms have the following meanings:
(1) “Auxiliary services” means services that include, but are not limited to, enriched case management, clinical consultation, enhanced assistance with activities of daily living, transportation services, mental health therapy, and planned activities as defined in subdivision (a) of Section 87219 of Title 22 of the California Code of Regulations.
(2) ”SSI/SSP benefits” means revenue resources paid to an eligible client, or the client’s payee, by the federal Social Security Administration pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.

SEC. 2.

 Section 1569.6 is added to the Health and Safety Code, to read:

1569.6.
 (a) This section shall be a part of the Enriched Care Adult Residential Facility pilot program created pursuant to Section 1565.6. The purpose of which is to promote the sustainability of essential residential care facilities that serve recipients who receive Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
(b) The pilot program shall terminate on June 30, 2026, and counties shall have expenditure authority over program funds until June 30, 2027.
(c) A residential care facility for the elderly, as defined in Section 1569.2, that meets both of the following criteria may be eligible to receive Enriched Care Adult Residential Facility pilot program payments:
(1) Has at least 20 residents or 50 percent of the licensed capacity of the residents who receive benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code.
(2) Agrees to accept future residents who are currently or formerly homeless or at risk of homelessness and receive benefits pursuant to the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or are participating in the Housing and Disability Advocacy Program pursuant to Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code.
(d) If the county determines that a facility’s application meets the criteria in subdivision (c), the facility shall be eligible for a stipend of one thousand dollars ($1,000) per resident who receives SSI/SSP benefits per month, which shall be distributed by the county within 15 days.
(e) The purpose of the stipend is to provide auxiliary services as defined in subdivision (k).
(f) Facilities that receive the stipend shall do both of the following:
(1) Submit to the county biannual reports including, but not limited to, all of the following information:
(A) A description of the auxiliary services provided.
(B) The number of retained residents who receive SSI/SSP benefits.
(C) The number of new residents who receive SSI/SSP benefits who have moved into the facility.
(D) For residents who have left, the location of next residence.
(E) A brief description of how the grant was used to benefit residents.
(F) The demographics of residents who receive SSI/SSP benefits, including age, race, and gender.
(2) Maintain no fewer than the number of residents receiving SSI/SSP benefits at the commencement of the grant.
(g) Participating counties shall compile the facilities’ biannual reports and submit them to the State Department of Social Services.
(h) (1) The State Department of Social Services shall evaluate the pilot program’s success in overall retention of SSI/SSP benefit recipients within participating facilities and expanding the statewide capacity for SSI/SSP benefit recipients to reside in adult residential facilities and report that information to the relevant policy committees of the Legislature. The State Department of Social Services may contract this evaluation report.
(2) The report pursuant to paragraph (1) shall include an identification of potential federal funding sources.
(i) The State Department of Social Services shall implement these provisions in order to maximize federal funds.
(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall issue an all-county letter or similar instruction to implement this section.
(k) For purposes of this section, the following terms have the following meanings:
(1) “Auxiliary services” means services that include, but are not limited to, enriched case management, clinical consultation, enhanced assistance with activities of daily living, transportation services, mental health therapy, and planned activities as defined in subdivision (a) of Section 87219 of Title 22 of the California Code of Regulations.
(2) “SSI/SSP benefits” means revenue resources paid to an eligible client, or the client’s payee, by the federal Social Security Administration pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 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 for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.