Residential care facilities for the elderly: referral agencies.

(1) Existing law provides for licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. This bill would require an agency that refers a person to a residential care facility for the elderly to register with the department, as specified, and pay a fee. The bill would require the department to maintain a registry of referral agencies. The bill would require a prescribed disclosure to be given to a client before providing a referral and would specify information that is required to be included on the referral agency's Internet Web site and other marketing materials. The bill would require an employee of a referral agency who will be in direct contact with the subject of placement to obtain either a criminal record clearance or a criminal record exemption from the department before his or her initial contact with a potential resident. The bill would require a referral agency to provide a specified disclosure to a client indicating the number of hours of annual training required of all employees who make referrals to facilities. The bill would require a referral agency to maintain liability insurance coverage in an amount of $1,000,000 per person per occurrence and $2,000,000 in total annual aggregate for negligent acts or omissions by the referral agency or any of its employees. The bill would make these provisions operative on July 1, 2019. The bill would require the department, by July 1, 2019, to develop an enforcement process for referral agencies that do not comply with the requirements described above. The bill would require enforcement measures to include the suspension of, and prohibition against registration for, noncompliant referral agencies. (2) Under existing law, a person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, including administrators, supervisors, and licensed staff of a public or private facility that provides care or services for elder or dependent adults, or an elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter of elder or dependent adult abuse. Under existing law, a mandated reporter who, in the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime. This bill would make an owner, operator, or employee of a referral agency a mandated reporter of elder or dependent adult abuse. 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.