Residential care facilities for the elderly.

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law sets forth the qualifications of a licensee and requires a license to be forfeited by operation of law when the licensee abandons the facility. Existing law also authorizes the department to deny an application for, or to suspend or revoke a license upon specified grounds, including conduct inimical to the health, morals, welfare, or safety of an individual in or receiving services from a facility. Existing law authorizes a person whose license has been revoked to petition the department for reinstatement of the license after one year has elapsed since the revocation. Under existing law, if an application for a license indicates that the applicant was previously issued a license to operate a residential care facility for the elderly or specified other licenses, and that license was revoked within the last 2 years, the department is required to cease reviewing the application until 2 years has elapsed since the revocation. This bill would additionally exclude a licensee, who abandons the residential care facility for the elderly and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, from licensure in facilities licensed by the department without the right to petition for reinstatement. Existing law requires a licensee of a licensed residential care facility for the elderly, prior to transferring a resident of the facility to another facility or to an independent living arrangement as a result of a license forfeiture due to abandonment of the facility, among other things, or due to a change of use of the facility pursuant to the department's regulations, to take all reasonable steps to transfer affected residents safely, to minimize possible transfer trauma, and to take specified actions. A licensee who fails to comply with these requirements is subject to certain penalties, including, but not limited to, civil penalties in the amount of $100 per violation per day for each day that the licensee is in violation, until the violation has been corrected. This bill, on and after January 1, 2015, would additionally exclude a licensee, who fails to comply with the above provisions and abandons the residential care facility for the elderly and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, from licensure in facilities licensed by the department without the right to petition for reinstatement. This bill would incorporate changes to Section 1569.682 of the Health and Safety Code as proposed by either AB 1477 or SB 873 of the 2013–14 Regular Session that would only become operative if either AB 1477 or SB 873 is enacted and becomes effective immediately, either bill amends Section 1569.682 of the Health and Safety Code, and this bill is enacted after either bill.