Residential care facilities for the elderly: revocation of licenses.

Existing law provides for the licensure and regulation of residential care facilities for the elderly. These provisions are administered by the State Department of Social Services. Violation of these provisions is a misdemeanor. Existing law requires a licensee of a licensed residential care facility for the elderly to take all reasonable steps to transfer affected residents safely as a result of the forfeiture of a license, the change of use of the facility pursuant to the department's regulations, or the revocation of a license. This requirement includes providing each resident or the resident's responsible person with a written notice no later than 60 days before the intended eviction and, if 7 or more residents will be transferred as a result of the forfeiture of a license, revocation of a license, or change in the use of the facility, submitting a proposed closure plan to the department for approval. This bill would eliminate the requirement that a licensee comply with these provisions on the basis of the revocation of a license. Existing law requires, if the Director of Social Services determines that it is necessary to temporarily suspend a license of a residential care facility for the elderly in order to protect the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department to make every effort to minimize trauma for the residents. Existing law authorizes and requires the department, in the event of a temporary license suspension, to comply with specified procedures relating to the transfer of residents. This bill would make these provisions applicable in the event that the director determines that it is necessary to revoke the license of a residential care facility for the elderly. The bill also would require that, upon an order to revoke a license, except as specified, the licensee provide a 60-day written notice of license revocation that may lead to closure to the resident and the resident's responsible person within 24 hours of receipt of the department's order of revocation. The bill would authorize the department to allow the licensee to secure the services of a person who is not an immediate family member of the licensee or an entity that is not owned by the licensee to manage the day-to-day operations of the facility for at least 60 days, provided that the person or entity is licensed and in substantial compliance to operate a residential care facility for the elderly that is of comparable or greater size and comparable programming to the facility, and that the person or entity meets other specified requirements. The bill would require that a resident who transfers from the facility receive a refund of paid preadmission fees in accordance with specified provisions. The bill would require the licensee, within 10 days of all residents having left the facility, to submit a final list of names and new locations of all residents to the department and the local ombudsman program. By expanding the definition of a crime, this bill would impose 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.