Clearpol's Opinion of this Guidance as of 11/18/2022
For legislation chaptered in 2022 affecting RCFEs, the changes to the statutes referenced become operative 1/1/23 and require action. CCLD may use any of the oversight and compliance activities currently available to ensure compliance with the statutes:
AB 895 RCFE notice to prospective residents
HSC §1569.885 amended. Requires RCFEs to provide:
• a written notice that is included in, or as an attachment to, all admission agreements. This written notice includes the:
o current telephone number, internet website address, and email address for the local long-term care ombudsman;
o internet website address for the Community Care Licensing Division of the State Department of Social Services.
• the written notice shall also state that the ombudsman is intended as a resource for both the following purposes:
o accessing additional information regarding resident care at the facility.
o reporting resident care complaints.
The written notice specified above is in addition to any other notice a licensee is required by law to provide to residents
AB 1855 Long-Term Care Ombudsman Program: facility access.
Adds § 9718.5 to the WIC to reaffirm that a RCFE facility shall not, under any circumstances, deny entry to a representative of the office acting in their official capacity. During a state of emergency declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a RCFE may require a representative of the Office of the State Long-Term Care Ombudsman entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
AB 2693 COVID-19 exposure
Amends § 6325 and 6409.6 of the Labor Code, relating to occupational safety. This bill updates specified laws related to COVID-19, including:
· Requiring licensees (as employers) to:
o notify employees of potential exposure to COVID-19 within one business day,
o prominently display a notice, or send the notification of exposure (e.g., via personal device, email, or text message),
o provide the dates and location of person with confirmed case of COVID-19,
o provide contact information for employees to receive information regarding COVID-19 related benefits,
o provide contact information for employees to receive cleaning and disinfection plan employer is implementing,
o post the notification for a minimum of 15 calendar days,
o keep a log of all the dates the notice was posted, and
o allow the Labor Commissioner to access those records.
• Repealing section that exempted certain facility types from requirements in Labor Code § 6409.6, as specified. As a result, facility types that are no longer exempt include RCFE
Requirements in these sections remain in effect until January 1, 2024.
Does not exempt or waive reporting responsibilities under CCR T22, § 87211 or any other related reporting requirement in statute or regulation.
SB 1346 Surplus medication collection and distribution
Amends § 150202 of the HSC to permanently expand the definition of a donor organization to include facilities that legally possess centrally stored, unused medication under the existing surplus medication collection and distribution program. Medication eligible for donation by facilities shall meet existing requirements specified in subdivision (c) of § 150202 and subdivisions (c) and (d) of § 150204 of the HSC
Clearpol Inc. does not make any guarantees regarding the accuracy of the opinions provided on our platform. Please use your own judgement.
Clearpol's Summary of this Guidance
The California Department of Social Services (CDSS) has issued a new Provider Information Notice (PIN) that outlines new legislation affecting licensed Adult and Senior Care facilities. The changes will become operative on January 1, 2023. The PIN requires Residential Care Facilities for the Elderly (RCFE) to provide written notice in admission agreements, including contact information for the local long-term care ombudsman and the Community Care Licensing Division's website. Social Rehabilitation Facilities (SRF) are prohibited from making false or misleading statements about medical treatments or services. Additionally, residential care facilities must allow entry to representatives of the Office of the State Long-Term Care Ombudsman and adhere to infection control protocols during emergencies. The PIN also introduces a new licensing category for medical foster homes for veterans and updates COVID-19 exposure requirements for employers.
Clearpol Inc. does not make any guarantees regarding the accuracy of the opinions or summaries provided on our platform. Please use your own judgement.
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