Updated 9/18/23

AB 48 (Aguiar-Curry) – Nursing Home Facility Resident Informed Consent.  This bill is an amended re-introduction of AB 1809 (Aguiar-Curry) which was vetoed in 2022.  As originally introduced, AB 1809 would have imposed a new and onerous informed consent process on facilities administering psychotherapeutic medications to residents and imposed new civil liability penalties. After extensive negotiations with the author and the sponsor, AB 1809 was amended to remove the civil liability provisions, limit the categories of medication and establish a process for the California Association for Long Term Care Medicine (CALTCM) to develop a model consent form and provide education and training prior to implementation of the bill.  CAHF had a neutral position on AB 1809 and has not taken a position on AB 48.  AB 979 has passed out of the Legislature and is awaiting Governor’s Action.

AB 486 (Kalra) - Long-term health facilities: citation appeals. This bill would delete the civil action provisions for contesting a class “AA” or “A” citation under these provisions, and would make those citation classifications subject to the administrative proceedings applicable for contesting a class “B” citation.  CAHF has met with the author’s staff and has taken an oppose unless amended position on the bill, with proposed amendments to provide an option for binding arbitration in lieu of the facility filing a civil case in superior court.  The bill passed out of the Assembly Health Committee and will be heard in the Assembly Appropriations Committee. CAHF is continuing to develop proposed amendments to the bill. AB 486 is in the Senate and is now a 2-year bill and no action will be taken in 2023.

AB 488 (Nguyen) - Medi-Cal: skilled nursing facilities: vision loss. This bill would require that DHCS WQIP measures and milestones, used to calculate SNF incentive payments, include program access, staff training, and capital improvement measures aimed at addressing the needs of skilled nursing facility residents with vision loss.  This bill is sponsored by the California Council for the Blind.  CAHF’s concerns about this bill is that it would set a precedent for introducing WQIP quality measures in statute instead of the recently developed stakeholder process already being used by DHCS.  AB 488 is in the Senate and is now a 2-year bill and no action will be taken in 2023.

AB 979 (Alvarez) – Long-Term Care: Family Councils. This bill would make several changes to requirements related to the responsibilities of SNFs and RCFEs related to the formation of family councils, including changes to the definition and scope of prohibited interference; require the facility to respond in writing regarding any action or inaction within 14 calendar days; authorize facility staff to attend family council meetings only at the invitation of the family council, and informing friends identified in certain materials and to provide the name and contact information of the family council representative prior to or within 5 business days after the resident’s admission.  This bill is sponsored by California Advocates for Nursing Home Reform (CANHR).  CAHF worked with the author’s office, policy committees, CANHR and other stakeholders to develop amendments and is not taking a position on this bill.  AB 979 has passed out of the Legislature and is awaiting Governor’s Action.

AB 1309 (Reyes) - Long-term health care facilities: admission contracts. This bill originally required the facility-initiated discharge notice to the resident to include specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. CAHF raised concerns about the additional burden on facilities and was negotiated amendments which would require the facility to provide, within 48 hours of the written notice above, a copy of the resident’s discharge needs and discharge plan. The bill would require the facility to provide a copy of the resident’s discharge summary prior to the proposed transfer or discharge date. The bill would require the facility to provide these documents at no cost to the resident. If the resident requests a transfer or discharge appeal hearing, the bill would require both the resident and the facility to provide all documents and records to be used by the party at the hearing, as specified. This bill is sponsored by California Advocates for Nursing Home Reform (CANHR).  CAHF worked with the author’s office, policy committees and CANHR to develop the amendments to the bill and is not taking a position on this bill. AB 1309 has passed out of the Legislature and is awaiting Governor’s Action.

AB 1331 (Wood) - California Health and Human Services Data Exchange Requirements. This bill would require the Center for Data Insights and Innovation to take over establishment, implementation, and all the functions related to the California Health and Human Services Data Exchange Framework on or before January 1, 2024, subject to an appropriation in the annual Budget Act. The bill would require the center to establish the CalHHS Data Exchange Board, with specified membership, to develop recommendations and to review, modify, and approve any modifications to the Data Exchange Framework data sharing agreement, among other things. The bill would require the center to submit an annual report to the Legislature that includes required signatory compliance with the data sharing agreement, assessment of consumer experiences with health information exchange, and evaluation of technical assistance and other grant programs. The bill would require the center, by July 1, 2024, to establish a process to designate qualified health information organizations according to specified criteria. AB 1331 did not pass out of Senate Appropriations and no further action will be taken on the bill this year.

AB 1359 (Schiavo) – Paid sick days: health care employees.  This bill would establish new procedures governing the accrual and use of health care worker sick leave for employees of a covered health care facility, as those terms are defined. The bill would permit accrued health care worker sick leave to carry over to the following year of employment for those employees, subject to certain conditions, and would prohibit a covered health care facility from limiting an employee’s use of health care worker sick leave. The bill would exempt those employees from certain existing limits on the use of accrued paid sick days. The bill would authorize an employee of a covered health care facility to bring a civil action against an employer that violates this provision and would entitle the employee to collect specified legal and equitable relief to remedy a violation. AB 1359 was moved to the inactive file in the Senate.

AB 1417 (Wood) Elder and Dependent adult abuse: mandated reporting. This bill would delete and reorganize elder abuse reporting provisions. Under the bill, if the abuse that occurred in a long-term facility was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury, the reporter would be required to submit a written report within 24 hours to the long-term care ombudsman, the local law enforcement agency, and the corresponding state agency. Under the bill, in all other instances, immediately or as soon as practically possible, but no longer than 2 hours, the reporter would be required to submit a verbal report to the local law enforcement agency, and to submit a written report within 24 hours to the aforementioned recipients.  The original bill included a proposed requirement that facilities would need to report incidents which involved a resident who does not have dementia within 1 hour.  CAHF and other LTC stakeholders worked with the author and sponsor to change the time limit to 2 hours consistent with current state and federal requirements.  With these amendments, CAHF is not taking a position on this bill. AB 1417 has passed out of the Legislature and is awaiting Governor’s Action.

AB 1537 (Wood) - Skilled nursing facilities: direct care spending requirement. This bill would require a SNF to expend at least 85% of its non-federal health-related revenue on direct patient care, including rent/lease costs and professional liability insurance.  This is a re-introduction of AB 2079 which was passed out of the Legislature in 2022 and vetoed by the Governor.  CAHF had no position on AB 2079 due to the addition of requested amendments.  CAHF will be assessing its position on AB 1537 pending the release of additional amendments from the author. AB 1537 has been moved to the inactive file and no additional action will be taken on this bill in 2023.

SB 302 (Stern) - Compassionate Access to Medical Cannabis Act or Ryan’s Law. The Compassionate Access to Medical Cannabis Act which requires specified types of health care facilities to allow a terminally ill patient’s use of medicinal cannabis within the health care facility, subject to certain restrictions. This bill would expand the definition of a patient to apply to a patient who is over 65 years of age with a chronic disease.  SB 302 has passed out of the Legislature and is awaiting Governor’s Action.

SB 525 (Durazo) - Minimum wage: health care workers. This bill would require a health care worker minimum wage of $25 per hour for hours worked in covered health care employment, as defined, subject to adjustment, as prescribed.  In 2022, CAHF proposed the “Drive to $25” initiative which supported a $25 minimum wage for CNAs if the state provided the funding in Medi-Cal.  This bill is much more expansive and does not include a funding mechanism.  CAHF has taken an Oppose Unless Amended position, citing our general support for increased wages for SNF workers but that those increases must be funded by the state and that the bill needs to include mechanisms for funding mandated minimum wage requirements for SNFs.  SB 525 has passed out of the Legislature and is awaiting Governor’s Action.