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AB-279 Intermediate care facilities and skilled nursing facilities: COVID-19.(2021-2022)

Senate:
1st
Cmt
2nd
Cmt
2nd
3rd
Pass
Assembly:
1st
Cmt
2nd
Cmt
2nd
3rd
Pass
Pass
Veto
Bill Status
AB-279
Muratsuchi (A) , Santiago (A)
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Intermediate care facilities and skilled nursing facilities: COVID-19.
02/21/21
An act to add and repeal Sections 1287 and 1287.1 of the Health and Safety Code, relating to care facilities, and declaring the urgency thereof, to take effect immediately.
Assembly
08/31/21
07/08/21

Type of Measure
Inactive Bill - Vetoed
Two Thirds Vote Required
Non-Appropriation
Fiscal Committee
State-Mandated Local Program
Urgency
Non-Tax levy
Last 5 History Actions
Date Action
10/07/21 Vetoed by Governor.
09/02/21 Enrolled and presented to the Governor at 3 p.m.
08/30/21 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0.).
08/26/21 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
08/23/21 Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 32. Noes 3.).
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 279 without my signature.

This bill prohibits, until July 1, 2022, an intermediate care facility (ICF) or skilled nursing facility (SNF) from terminating or making significant quality-of-care changes, or from transferring a resident to another facility, unless the owner of the facility files for bankruptcy, except under specified circumstances.

Although this bill seeks to protect residents of ICFs and SNFs from involuntary transfers, its restrictions could have unintended consequences for the people it intends to serve. Requiring a struggling facility short of bankruptcy to remain open may lead to conditions where care is compromised because the facility is not able to retain staff. For example, facilities with inadequate staffing will struggle to implement measures to limit COVID-19 transmission and prevent outbreaks. Furthermore, the California Department of Public Health does not have the legal authority to compel a facility to continue operating or providing services if the facility wishes to close. For these reasons, I am returning this bill.


Sincerely,





Gavin Newsom