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SB-648 Care facilities.(2021-2022)

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Date Published: 05/21/2021 04:00 AM
SB648:v96#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  May 11, 2021
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, and making an appropriation therefor. facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 648, as amended, Hurtado. Care facilities.
Existing law, the California Community Care Facilities Act, generally 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 law, the California Residential Care Facilities for the Elderly Act, generally provides for the licensure and regulation of residential care facilities for the elderly by the department. A violation of those provisions is a crime. A person who violates these acts, or who willfully or repeatedly violates any rule or regulation adopted under those acts, is guilty of 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 create create, to the extent the Legislature makes an appropriation for these provisions, the Enriched Care Adult Residential Facility pilot program, to be administered by the department. The bill would require the department to distribute up to 4,000 monthly stipends of $1,000 per resident to facilities that meet specified criteria. The bill would require the department to, among other things, establish guidelines for the distribution of the stipends, as specified. monthly stipends to facilities that provide residential care to specific types of residents and to distribute those stipends for the pilot program. The bill would require facilities that receive the a stipend to report to the department specified information, including a brief description of how the stipend was used to benefit residents. By expanding the duties of these facilities, the bill would expand an existing crime applicable to those facilities, thereby imposing a state-mandated local program. The bill would require the department to evaluate the program, as specified, program using specified criteria and to report that information to the relevant policy committees. committees of the Legislature. The bill would require the department to implement these provisions in order to maximize federal funding and would authorize the department to implement the provisions through an all-county letter or similar instruction. The bill would provide for the termination of the pilot program on June 30, 2026, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

The bill would appropriate $150,000,000 from the General Fund to the department to provide stipends and cover administrative costs, as specified.

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: TWO_THIRDSMAJORITY   Appropriation: YESNO   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) There is hereby created the Enriched Care Adult Residential Facility pilot program, to be administered by the department, the purpose of which is to promote the sustainability of essential residential care facilities that serve people who receive Supplemental Security Income/State Supplementary Program for Aged, Blind and Disabled (SSI/SSP) benefits.
(b) The pilot program shall terminate on June 30, 2026, and the department shall have expenditure authority over program funds until June 30, 2027.
(c) The department shall distribute up to 4,000 monthly stipends statewide. The stipends shall be one thousand dollars ($1,000) per resident who receives SSI/SSP benefits per month to adult residential facilities, 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 meet the following criteria:
(1) Meet both of the following requirements:
(A) Have at least one resident who receives SSI/SSP benefits.
(B) Agree to consider accepting future residents who are currently or formerly homeless or at risk of homelessness or are participating in the Housing and Disability Income Advocacy Program pursuant to Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) Complete an application with information that demonstrates that the facility meets one or more of the following criteria:
(A) The facility has had increased operational costs due to COVID-19.
(B) The facility has had operational expenses that are not fully covered by the nonmedical out-of-home care supplement pursuant to the State Supplementary Program for 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, due to high costs within the region.
(C) The facility has had increased need for assistance with activities of daily living of residents who receive SSI/SSP benefits.
(d) The department shall establish both of the following:
(1) An application form to be completed by the adult residential facility.
(2) Guidelines for distribution of the stipends, which include, but are not limited to, consideration of all of the following criteria:
(A) Priority for preserving the placement of residents who receive SSI/SSP benefits currently residing within an adult residential facility.
(B) Priority for facilities with the highest percentage of residents who receive SSI/SSP benefits.
(C) Priority for facilities in which the continued operation of the facility is in jeopardy due to financial instability of the facility.
(D) A cap for the number of monthly stipends that each facility may receive, if necessary.
(e) The following individuals shall not qualify as a person who is receiving SSI/SSP benefits for purpose of this section:
(1) Individuals who are receiving housing and services under the Assisted Living Waiver.
(2) Individuals who are receiving services through a regional center.
(f) (1) The purpose of the stipend is to preserve and promote housing options for persons receiving SSI/SSP benefits.
(2) The department shall distribute the stipends as soon as feasible.
(g) Facilities that receive the stipend shall do both of the following:
(1) Submit to the department biannual reports including, but not limited to, all of the following information:
(A) The number of stipends requested and number of stipends received.
(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, if known.
(E) A brief description of how the stipend 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 stipend.
(h) (1) The State Department of Social Services shall evaluate the pilot program’s success in overall retention of residents who receive SSI/SSP benefits within participating facilities and expanding the statewide capacity for residents who receive SSI/SSP benefits 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 all of the following:
(A) An identification of potential federal funding sources.
(B) Recommendations of opportunities to expand or improve the pilot program.
(C) The number of applications for stipends received.
(D) The number of facilities that were granted at least one stipend.
(E) The number of stipends requested and the number of stipends granted for each application received.
(F) The number of facilities that were denied the stipend due to fiscal limitations of the program.
(G) The number of facilities that were denied the stipend due to not meeting eligibility criteria.
(H) The number of facilities that were denied the stipend and later were no longer operational.
(I) The number of facilities that received a stipend and later were no longer operational.
(J) The number of facilities that received the stipend and continue to serve SSI/SSP recipients.
(3) The report shall be issued in conjunction with the report required pursuant to Section 1507.4.
(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, “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.
(l) This section shall only be implemented to the extent the Legislature makes an appropriation for these provisions.

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, and administered by the department. The purpose of which is to promote the sustainability of essential residential care facilities that serve people who receive SSI/SSP benefits.
(b) The pilot program shall terminate on June 30, 2026, and the department shall have expenditure authority over program funds until June 30, 2027.
(c) The department shall distribute up to 4,000 monthly stipends statewide. The stipends shall be one thousand dollars ($1,000) per resident who receives SSI/SSP benefits per month to residential care facilities for the elderly, as defined in Section 1569.2, that meet the following criteria:
(1) Meet both of the following requirements:
(A) Have at least one resident who receives SSI/SSP benefits.
(B) Agree to consider accepting future residents who are currently or formerly homeless or at risk of homelessness or are participating in the Housing and Disability Income Advocacy Program pursuant to Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) Complete an application with information that demonstrates that the facility meets one or more of the following criteria:
(A) The facility has had increased operational costs due to COVID-19.
(B) The facility has had operational expenses that are not fully covered by the nonmedical out-of-home care supplement pursuant to the State Supplementary Program for 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, due to high costs within the region.
(C) The facility has had increased need for assistance with activities of daily living of residents who receive SSI/SSP benefits.
(d) The department shall establish both of the following:
(1) An application form to be completed by the residential care facility for the elderly.
(2) Guidelines for distribution of the stipends, which include, but are not limited to, consideration of all of the following criteria:
(A) Priority for preserving the placement of residents who receive SSI/SSP benefits currently residing within a residential care facility for the elderly.
(B) Priority for facilities with the highest percentage of residents who receive SSI/SSP benefits.
(C) Priority for facilities in which the continued operation of the facility is in jeopardy due to financial instability of the facility.
(D) A cap for the number of monthly stipends that each facility may receive, if necessary.
(e) The following individuals shall not qualify as a person who is receiving SSI/SSP benefits for purpose of this section:
(1) Individuals who are receiving housing and services under the Assisted Living Waiver.
(2) Individuals who are receiving services through a regional center.
(f) (1) The purpose of the stipend is to preserve and promote housing options for persons receiving SSI/SSP benefits.
(2) The department shall distribute the stipends as soon as feasible.
(g) Facilities that receive the stipend shall do both of the following:
(1) Submit to the department biannual reports including, but not limited to, all of the following information:
(A) The number of stipends requested and number of stipends received.
(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, if known.
(E) A brief description of how the stipend 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 stipend.
(h) (1) The State Department of Social Services shall evaluate the pilot program’s success in overall retention of residents who receive SSI/SSP benefits within participating facilities and expanding the statewide capacity for residents who receive SSI/SSP benefits to reside in residential care facilities for the elderly 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 all of the following:
(A) An identification of potential federal funding sources.
(B) Recommendations of opportunities to expand or improve the pilot program.
(C) The number of applications for stipends received.
(D) The number of facilities that were granted at least one stipend.
(E) The number of stipends requested and the number of stipends granted for each application received.
(F) The number of facilities that were denied the stipend due to fiscal limitations of the program.
(G) The number of facilities that were denied the stipend due to not meeting eligibility criteria.
(H) The number of facilities that were denied the stipend and later were no longer operational.
(I) The number of facilities that received a stipend and later were no longer operational.
(J) The number of facilities that received the stipend and continue to serve SSI/SSP recipients.
(3) The report shall be issued in conjunction with the report required pursuant to Section 1507.4.
(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, “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.
(l) This section shall only be implemented to the extent the Legislature makes an appropriation for these provisions.

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.
SEC. 4.

The sum of one hundred fifty million dollars ($150,000,000) is hereby appropriated, without regard to fiscal year, from the General Fund to the State Department of Social Services to be used to provide stipends and cover administrative costs, not to exceed 5 percent, pursuant to Sections 1565.6 and 1569.6 of the Health and Safety Code.