Tony Mendoza
- Democratic
Author
Existing law requires a referral agency to obtain a license from the State Department of Public Health in order to refer a person to any extended care facility, skilled nursing home, or intermediate care facility. Existing law exempts a local public agency performing referral services without cost from these provisions. Under existing law, a violation of these provisions is subject to a civil penalty and suspension or revocation of the license. This bill would additionally require a referral agency to obtain a license from the State Department of Social Services in order to refer a person to a residential care facility for the elderly. The bill would prohibit an extended care facility, skilled nursing home, intermediate care facility, or residential care facility for the elderly from paying a commission or fee to a referral agency that is not licensed, as specified. The bill would prohibit a referral agency from holding any power of attorney or any other property of a person receiving referral services, or from disclosing any personal information of a person receiving services, unless authorized to do so. The bill would require a referral agency to disclose specified information to each person receiving its services, and to retain, for 3 years, an acknowledgment from the person being referred, or his or her conservator, guardian, authorized family member or other authorized representative, attorney in fact, or agent under a power of attorney, stating that the disclosures had been made. The bill would also require referral agencies to maintain liability insurance in specified amounts. The bill would also make it unlawful for an employee, independent contractor, or other person who is acting on behalf of a governmental agency, hospital, or other health care institution to offer, provide, or accept a payment, rebate, refund, commission, preference, or discount as payment, compensation, or inducement for referring patients, clients, or customers to a facility or licensee. Existing law makes specified persons mandated reporters of elder or dependent adult abuse, including administrators, supervisors, and licensed staff of a facility that provide care or services for elder or dependent adults. Under existing law, failure to report physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult is a misdemeanor. The bill would include on the list of mandated reporters owners, operators, and employees of a referral agency. By expanding the crime of failure to report elder or dependent adult abuse, 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.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 5 p.m.
Assembly amendments concurred in. (Ayes 27. Noes 12. Page 5489.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 59. Noes 19. Page 6236.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended. (Ayes 73. Noes 0. Page 5970.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 16. Noes 4.) (August 11).
August 3 set for first hearing. Placed on APPR. suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 21). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Referred to Coms. on AGING & L.T.C. and JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 27. Noes 12. Page 2963.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 2934.) (January 21).
Set for hearing January 21.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
May 28 hearing: Held in committee and under submission.
Set for hearing May 28.
May 18 hearing: Placed on APPR. suspense file.
Set for hearing May 18.
Read second time and amended. Re-referred to Com. on APPR.
(Corrected May 13).
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 819.) (April 28).
Set for hearing April 28.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 2. Page 651.) (April 15).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
Set for hearing April 15.
From printer. May be acted upon on or after April 1.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB648 | HTML |
| 02/27/15 - Introduced | |
| 04/07/15 - Amended Senate | |
| 04/20/15 - Amended Senate | |
| 05/05/15 - Amended Senate | |
| 01/05/16 - Amended Senate | |
| 01/26/16 - Amended Senate | |
| 06/22/16 - Amended Assembly | |
| 06/30/16 - Amended Assembly | |
| 08/15/16 - Amended Assembly | |
| 08/19/16 - Amended Assembly | |
| 09/02/16 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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