Twenty-Five Years of Legislative Advocacy
Long Term Care Reform Bills
sponsored or co-sponsored by CANHR
1983 – 2009
Financial Abuse of Elder or Dependent Adults – SB 1140 (Steinberg)
Ensures that victims of elder financial abuse can seek civil recourse and makes certain that abusers are held accountable for their actions. Effective January 1, 2009.
The Reverse Mortgage Elder Protection Act of 2009 – AB 329 (Feuer)
Prohibits any person who participates in the origination of a reverse mortgage from referring the borrower to anyone for the purchase of other financial products. It requires the lender to provide the prospective borrower with a list of not fewer than 10 HUD approved nonprofit counseling agencies and requires the lender or mortgage counselor to provide the borrower a suitability checklist specifying issues the borrower should discuss with a counselor before the loan application is approved. Effective January 1, 2010.
Long Term Care Ombudsman Funding – AB 392 (Feuer/Jones)
Appropriates $1.6 million for local long term care ombudsman programs in California. On a one-time basis, it partially restored a $3.8 million cut to the ombudsman programs made by the Governor in September 2008. Effective January 1, 2010.
CCRC Closure Protections – AB 407 (Beall)
Requires a Continuing Care Retirement Community (CCRC) provider faced with a permanent closure to ensure residents have adequate time to find new housing and to ensure that residents receive adequate compensation should they be required to move. Effective January 1, 2010.
Continuing Care Retirement Contracts (CCRCs) – AB 1169 (Ruskin)
Increases transparency in financial reporting by CCRCs and establishes limits on the transfer of CCRC funds. Effective January 1, 2010.
The RCFE Eviction Protection Act – SB 781 (Leno)
Strengthens eviction protections by requiring RCFEs to notify residents in writing of their rights when faced with an eviction and requires facilities to provide a list of resources available to identify alternative housing and care options. Effective January 1, 2010.
Financial Abuse of Elder or Dependent Adults – SB 1140 (Steinberg)
Ensures that victims of elder financial abuse can seek civil recourse and makes certain that abusers are held accountable for their actions. Effective January 1, 2009.
Elder Financial Restitution Act – SB 611 (Steinberg)
Extends the ability to freeze the assets of a perpetrator of financial abuse against an elder or dependent adult in order to create an opportunity for the victim to regain property. Effective January 1, 2008.
RCFE Relocation Protection Act – AB 949 (Krekorian)
Provides relocation protections for residents when a Residential Care Facility for the Elderly closes such as 60 day notice, individualized relocation plan, plan approval by licensing for facilities with 7 or more beds, refund of some preadmission fees, and a private right of action. Effective January 1, 2008.
Continuing Care Retirement Communities Provider Reserve Disclosure
– SB 1212 (Torlakson)
Promotes consumers’ informed choice by requiring disclosure of all provider reserve funds. This bill also includes clarification of the transfer process to higher levels of care and reduces the escrow reserve requirements for expanded or new CCRCs.
Nursing Home Residents’ Rights – SB 1248 (Alquist)
Guarantees equal rights for California nursing home residents by requiring all California nursing homes to comply with residents' rights established under federal law. Effective July 1, 2007.
CCRC Residents’ Rights – SB 244 (Romero)
Strengthens the rights of residents, including the rights to address concerns without retaliation, file complaints, manage personal finances, and the right to written notice and objective criteria in transfers from independent living units to higher care levels. Effective January 1, 2006.
RCFE Refunds of Pre-admission Fees – SB 141 (Soto)
Provides residents of RCFEs with a full or partial refund of pre-admission fees under certain circumstances, while allowing fair compensation to providers for costs of pre-admission fee services. Effective January 1, 2006.
RCFE Rate Increases for Level of Care – SB 1662 (Soto)
Requires licensees to issue a written notice of a rate increase due to a change in the level of care, including an itemization of additional costs within two business days of the change. Effective January 1, 2005.
Elder Abuse Disclosure – AB 634 (Steinberg)
Establishes a statewide policy against non-disclosure in lawsuits involving elder abuse. Effective January 1, 2004.
Elder Financial Abuse – SB 620 (Scott)
Establishes provisions and penalties to protect seniors from insurance, annuity and other financial scams. Effective January 1, 2004.
RCFE Special Services – SB 540 (Soto)
Requires a facility that advertises or promotes special care, programming or environments for residents with a health related condition to provide an accurate narrative description of these programs and services. Effective January 1, 2004.
RCFE Admission Agreements – SB 211 (Dunn)
Requires all RCFE admission agreements to include detailed explanations of fees and services, explanations of billing and payment, information regarding residents’ rights, and makes copies of the agreement available to the public. Effective January 1, 2004.
RCFE Pre-admission Fees – SB 1898 (Soto)
Prohibits security or damage deposits and requires a 60 day notice prior to an increase in the basic rate. Effective January 1, 2003.
Nursing Home Resident Transfer Protections – SB 339 (Ortiz)
Revises provisions relating to the relocation needs of nursing home residents before they are transferred out of a facility that plans to close. Effective January 1, 2003.
Medi-Cal Notice Regarding Principal Residence – SB 1633 (Soto)
Requires DHS to provide to any aged, blind or disabled Medi-Cal applicant a notice explaining in clear and simple language the circumstances under which an interest in a home may be transferred without affecting Medi-Cal eligibility. Effective January 1, 2003.
Senior Fraud Protection Act of 2000 – AB 2107 (Scott)
Establishes the duty of honesty, good faith and fair dealing for insurance transactions involving elders; establishes protections from the sale and marketing of annuities for the purposes of long term care planning; and amends the fiduciary abuse laws to protect elders and dependent adults. Effective January 1, 2001.
Medi-Cal Rights – SB 2194 (Soto)
Conforms state statutes with federal laws regarding the transfer of property by Medi-Cal applicants or beneficiaries. Effective January 1, 2001.
Family Councils – SB 1551 (Dunn)
Conforms state law with federal law on family councils; provides certain rights and protections for family councils in nursing homes; provides for penalties for violations by facilities. Effective January 1, 2001.
Medi-Cal Notices – AB 1161 (Soto)
Requires that Medi-Cal offices and nursing homes provide specific notice of Medi-Cal rights, including circumstances under which the beneficiary may transfer property. Effective January 1, 2000.
RCFE Consumer Information – SB 1630 (Rosenthal)
Requires RCFEs to post the last survey results and requires Department of Social Services to make facility information available to the public. Effective January 1, 1999.
RCFE Care Plan – AB 2155 (Keeley)
Requires RCFEs to have a written service plan for each resident and that residents and residents’ representatives be informed of the plan. Effective January 1, 1999.
Citation Reform – AB 1133 (Gallegos)
Eliminates the automatic waiver of Class B penalties; reduces from 50% to 35% the reduction of fines in lieu of not appealing citations; allows a consumer attorney representative at the Citation Review Conference. Effective January 1, 1999.
Nursing Home Admission Agreements – SB 1061 (Vasconcellos)
Mandates a standardized admission agreement to be promulgated by DHS to be used by all nursing homes in California. Effective January 1, 1998; to be implemented January 1, 2000.
Nursing Home Ownership Disclosure – SB 1649 (Mello)
Amends the law to require nursing home ownership disclosure changes to be disclosed at the annual renewal and makes this information available to the public. Effective January 1, 1997.
Liens on Homes of Nursing Home Residents and Surviving Spouses
– SB 412 (Marks)
Eliminates the ability to impose liens on the homes of nursing home residents or the surviving spouses of deceased residents who received Medi-Cal. Effective January 1, 1996.
Citation Reform – SB 560 (Mello)
Shifts the burden of going forward on judicial appeal for adverse Citation Review Conference decisions to the licensee. Effective January 1, 1995.
Elder Abuse and Dependent Adult Civil Protection Act – SB 679 (Mello)
Allows pain and suffering damages to survive the death of the victim in elder abuse cases. Effective January 1, 1992.
Spousal Impoverishment – SB 1413 (Maddy)
Implements the spousal impoverishment provisions of the new federal laws. Allows at-home spouse to keep a minimum resource and income level. Effective January 1, 1990.
Family Councils in RCFEs – SB 1102 (Roberti)
Allows for the organization of family councils in Residential Care Facilities for the Elderly. Effective January 1, 1990.
Disclosure of Ownership – SB 1525 (Mello)
Requires applicants and current licensees of nursing homes to submit complete disclosure of ownership information and provides for suitability of ownership requirements. Effective January 1, 1990.
Family Councils – AB 4319 (Connelly)
Defines family councils, permits their formation in nursing homes and requires facilities to provide space for meetings. Effective January 1, 1989.
Long Term Care Insurance – SB 170 (Mello)
Prohibits certain practices and specifies certain consumer protections for the sale and issuance of long term care insurance in California. Effective January 1, 1989.
Medi-Cal Notice – SB 69 (Mello)
Requires nursing homes to provide every resident or applicant and their representative a notice of spousal impoverishment and Medi-Cal rights. Effective January 1, 1988.
Transfer Trauma – AB 2196 (Friedman)
Establishes policies to reduce transfer trauma when nursing home residents are being transferred to another facility. These policies must include a medical assessment of the resident’s condition, counseling services, evaluation of relocation needs, 30 day advance notice, and appropriate arrangements for future medical care. Effective January 1, 1988.
Medi-Cal Eviction – AB 688 (Isenberg)
Prevents the eviction or transfer of current or potential Medi-Cal residents when a facility withdraws from the Medi-Cal program. Effective January1, 1987.
Theft & Loss – AB 2047 (Katz)
Requires nursing homes to develop and implement specific theft and loss reduction programs to protect residents’ property. Effective January 1, 1988.
Receivership Reform – SB 1220 (Mello)
Expands the powers and duties of a receiver when a nursing home is in receivership; disallows certain debts Effective January 1, 1987.
Elder Abuse – SB 1162 (Mello)
Defines the inappropriate use of chemical and physical restraints as "physical abuse," and makes such abuse subject to California’s Elder Abuse Law. Effective January 1, 1988.
Nursing Home Administrators – SB 183 (Mello)
Requires the reporting to DHS of any changes in administrator; requires the Board of Nursing Home Administrators to track records of administrators. Effective January 1, 1988.
Admission Agreements – SB 1330 (McCorquodale)
Provides consumer protections in nursing home admission agreements. Requires facilities to explicitly state, in large print, a number of residents’ rights regarding admission and to list all residents’ rights. Effective January 1 1988.
Responsible Parties – AB 3943 (Agnos)
Prohibits nursing homes from requiring a responsible party to sign the admission agreement as a condition of admission. Effective January 1, 1987.
CNA Wage Pass-Through – AB 4172 (Agnos)
Requires facilities to pass through a certain percentage of rate increases to direct care staff for wage and benefit increases. Effective January 1, 1986.
Division of Community Property – AB 987 (Margolin)
Establishes protections for division of community property when one spouse enters a nursing home to prevent spousal impoverishment. Effective January 1, 1986.
Nursing Home Reform – SB 53 (Mello) and AB 180 (Isenberg)
Includes most of the provisions of the Nursing Home Patients Protection Act of 1984, including increasing penalties and protection of residents from eviction for conversion to Medi-Cal status. Effective January 1, 1985.
Nursing Home Reform – AB 2257 (Agnos)
Establishes notice and appeal rights for those who file complaints against nursing homes; protections for residents and employees against retaliation; and expands the role of the long term care ombudsman. Effective January 1, 1985.
Page Last Modified: July 8, 2010
