Residential care facilities for the elderly: admission agreements.

Existing law provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the State Department of Social Services, including, among other things, regulation of admissions procedures and agreements. Under existing law, a violation of these provisions is punishable as a misdemeanor. This bill would require that if an admission agreement includes an arbitration agreement, that arbitration agreement comply with prescribed requirements. This bill would provide that these requirements shall apply to any arbitration agreement that is included in an agreement between an elder or dependent adult, or his or her representative, and a residential care facility for the elderly for the admission to, or continued care or residence at, the facility that is entered into, altered, modified, renewed, or extended on or after January 1, 2010. This bill would prohibit an admission agreement from containing a waiver of the residents' personal rights, except as otherwise required or permitted by statute or regulation. The bill would provide that its provisions are not intended to affect existing law relating to the enforceability or unenforceability of an arbitration agreement. By expanding the definition of a crime, this bill would result in 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.