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AB-2650 Licensed adult residential facilities and residential care facilities for the elderly: data collection.(2023-2024)

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Date Published: 03/18/2024 09:00 PM
AB2650:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2650

Introduced by Assembly Member Zbur

February 14, 2024

An act to amend Section 10000 of the Welfare and Institutions Code, relating to public social services. add and repeal Sections 1507.45 and 1569.4a of the Health and Safety Code, relating to adult residential facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2650, as amended, Zbur. Public social services. Licensed adult residential facilities and residential care facilities for the elderly: data collection.
The California Community Care Facilities Act provides for the licensure and regulation of community care facilities by the State Department of Social Services, including various adult residential facilities, as described. The act includes legislative findings and declarations that there is an urgent need to establish a coordinated and comprehensive statewide service of quality community care for persons with a mental illness, persons with developmental and physical disabilities, and children and adults who require care or services. A person who violates the California Community Care Facilities Act is guilty of a misdemeanor. Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the department and expresses the intent of the Legislature to require that those facilities be licensed as a separate category within the existing licensing structure of the department.
Existing law requires the department to collect information and send a report to each county’s department of mental health or behavioral health, beginning May 1, 2021, and annually thereafter, of all licensed adult residential facilities and residential care facilities for the elderly, as described, that accept a specified federal rate and accept residents with a serious mental disorder, as defined, and the number of licensed beds at each facility.
This bill would require the department, beginning May 1, 2026, and annually thereafter until January 1, 2029, to collect information and send a report to each county’s department of mental health or behavioral health of all licensed adult residential facilities and residential care facilities for the elderly, as described, that accept the above-described specified federal rate and accept residents with a serious mental disorder, as defined, and the number of licensed beds at each facility. The bill would also require the department to collect additional information, including the total number of residents occupying beds at licensed adult residential facilities and residential care facilities for the elderly who are a public benefits recipient, as defined, or a person diagnosed with a serious mental illness, as defined, who is currently receiving regional center funding or who has a previous history of homelessness, incarceration, or institutionalization. The bill would require the department to post the report on its internet website. Because a violation of the California Community Care Facilities Act is crime, the bill would create new crimes, 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 various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh. Existing law states that the purpose of its provisions relating to public social services is to provide protection, care, and assistance to the people of the state in need of them, and to promote the welfare and happiness of all of the people of the state by providing appropriate aid and services to those who are needy and distressed.

This bill would make technical, nonsubstantive changes to that provision.

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

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


SECTION 1.

 Section 1507.45 is added to the Health and Safety Code, to read:

1507.45.
 (a) Beginning May 1, 2026, and annually thereafter, the department shall collect information and send a report to each county’s department of mental health or behavioral health containing all of the following:
(1) Information gathered and reported under subdivision (a) of Section 1507.4.
(2) Total number of licensed adult residential care facilities that exclusively accept public benefits recipients or residents diagnosed with a serious mental illness.
(3) Total number of licensed adult residential care facilities that serve public benefits recipients or residents diagnosed with a serious mental illness and that have exclusive use contracts with other public agencies.
(4) The total number of residents occupying beds in licensed adult residential facilities who are any of the following:
(A) A public benefits recipient or a person diagnosed with a serious mental illness.
(B) A person described in subparagraph (A) who is receiving regional center funding.
(C) A person described in subparagraph (A) who has a previous history of homelessness, incarceration, or institutionalization.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Public benefits recipient” means an individual who qualifies for the federal supplemental security rate.
(2) “Serious mental illness” means a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code.
(c) The department shall post the report required by this section on its internet website.
(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2.

 Section 1569.4a is added to the Health and Safety Code, to read:

1569.4a.
 (a) Beginning May 1, 2026, and annually thereafter, the department shall collect information and send a report to each county’s department of mental health or behavioral health containing all of the following:
(1) Total number of licensed residential care facilities for the elderly that exclusively accept public benefits recipients or residents diagnosed with a serious mental illness.
(2) Information gathered and reported under subdivision (a) of Section 1569.4.
(3) Total number of licensed residential care facilities for the elderly that serve public benefits recipients or residents diagnosed with a serious mental illness and that have exclusive use contracts with other public agencies.
(4) The total number of residents occupying beds in licensed residential care facilities for the elderly who are any of the following:
(A) A public benefits recipient or a person diagnosed with a serious mental illness.
(B) A person described in subparagraph (A) who is receiving regional center funding.
(C) A person described in subparagraph (A) who has a previous history of homelessness, incarceration, or institutionalization.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Public benefits recipient” means an individual who qualifies for the federal supplemental security rate.
(2) “Serious mental illness” means a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code.
(c) The department shall post the report required by this section on its internet website.
(d) This section shall remain in effect only until January 1, 2029, 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.Section 10000 of the Welfare and Institutions Code is amended to read:
10000.

The purpose of this division is to provide protection, care, and assistance to the people of the state in need of them, and to promote the welfare and happiness of all of the people of the state by providing appropriate aid and services to all of the people of the state who are needy and distressed. It is the intent of the Legislature that aid shall be administered and services provided promptly and humanely, with due regard for the preservation of family life, and without discrimination based on ancestry, marital status, political affiliation, or any characteristic listed or defined in Section 11135 of the Government Code. That aid shall be administered, and services provided, in that manner to the extent not in conflict with federal law, in order to encourage self-respect, self-reliance, and the desire to be a good citizen, useful to society.