New Laws for
RCFE Admission Agreements
As we reported in the Fall 2003 issue of the Advocate, SB 211 (DunnSanta
Ana) was signed by the Governor and creates new protections for thousands
of elders in Californias Residential Care Facilities for the Elderly
(RCFEs). Effective January 1, 2004, SB 211 will be implemented, which
means the following:
Posting of Admission Agreements:
Every RCFE must conspicuously post a complete copy of the admission
agreement or a notice of its availability. Facilities must also provide
a copy of the agreement to any prospective resident or residents
representative upon request.
The Admission Agreement Shall Include:
- A description of all items and services included in the basic rate.
- Descriptions and fee schedules for all services provided that are
not included in the basic rate.
- A facility can only assess a separate charge for an item or service
if it is already included in the admission agreement. If new items and
services are made available after the admission agreement is signed,
a list of the new items or services must be provided to the resident
or the residents representative, and it must be signed if any of
the items or services will be provided to the resident.
- A list of third party services related to the residents service
plan and acknowledgement of who is financially responsible for the third-party
- Billing and payment policies
- Conditions for rate increases
- Visitors policy
- Refund policy
- Conditions for termination of the agreement
- Notice that the procedure for filing complaints against the facility
will be provided upon request and notification of the right to file a
complaint against the facility with the Department of Social Services
and/or the Long Term Care Ombudsman.
- Eviction criteria exactly as it worded in applicable law or regulation,
notice requirements and information about how to appeal an eviction action
or involuntary transfer.
- A copy of residents rights specified by law or regulation.
How will DSS know if a facilitys admission agreement is in compliance
with the new laws?
As you can imagine, with a drastic decrease in RCFE compliance investigations,
there will be fewer opportunities for the Department of Social Services
to review things like the admission agreement. However, the admission
agreement will be reviewed if DSS receives a complaint regarding any aspect
of the agreement. This means that it will be very important for residents
and family members to address any concerns they have about unlawful provisions
and practices pertaining to their admission agreements with DSS.
If you have any questions or concerns about your family members
admission agreement, please call CANHR at 1-800-474-1116.
You can find the current statutes regarding RCFE admission agreements
in the Health and Safety Code §1569.651, 1569.655, and 1569.880 through
You can also find the Title 22 Regulations for RCFEs at http://ccld.ca.gov.