Residential care facilities for the elderly.

Existing law provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the State Department of Social Services. Existing law requires the admission agreement for a residential care facility for the elderly to contain specified elements. Under existing law, a violation of these provisions is punishable as a misdemeanor. This bill would prohibit a residential care facility for the elderly from assessing personal care fees upon notice of the death of a resident, and would prohibit the facility from assessing fees for the residential living unit of a deceased resident once all personal property of the deceased is removed. This bill would require an admission agreement to include a clear explanation of this prohibition. This bill would limit the liability for the payment of these fees that are not prohibited to prescribed individuals and entities. This bill would also require for a recipient receiving SSI/SSP, that a residential care facility for the elderly meet the requirements for the SSI/SSP program in assessing these fees, as prescribed by law. 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.