AB 499

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 27, 2021
  • Passed Senate Aug 29, 2022
  • Governor

Referral source for residential care facilities for the elderly: duties.

Abstract

(1) The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act prohibits a placement agency, as defined, from placing an individual in a licensed residential care facility for the elderly if the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. The act requires an employee of a placement agency who knows, or reasonably suspects, that a facility is improperly operating without a license to report the facility to the department, and requires the department to investigate those reports. The act further requires a placement agency to notify the appropriate licensing agency of any known or suspected incidents that would jeopardize the health or safety of residents in a facility. The act specifically makes a violation of these requirements a crime. This bill would recast the requirements on a placement agency and its employees to instead be requirements on a referral source, defined to mean any specified county department, stated-funded program, agency, or person that is engaged in identifying senior housing options at residential care facilities for the elderly. The bill would prohibit a referral source from, among other things, referring a person to a residential care facility for the elderly in which the referral source has an ownership or management interest without a waiver. The bill would require a referral source, before sending a compensated referral to a residential care facility for the elderly, to provide a person or their representative with specific written, electronic, or verbal disclosures that include, among others, the referral source's privacy policy. The bill would additionally require a compensated referral source to comply with additional requirements that include, among others, maintaining a minimum amount of liability insurance coverage. The bill would impose criminal penalties and civil penalties for a violation of these provisions, as specified. By expanding the existing crime under the act and specifying new criminal penalties, this bill would impose a state-mandated local program. (2) 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.

Bill Sponsors (2)

Votes


Actions


Sep 27, 2022

Assembly

Vetoed by Governor.

Sep 07, 2022

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 30, 2022

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).

Assembly

In Assembly. Concurrence in Senate amendments pending.

Aug 29, 2022

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5218.).

Aug 25, 2022

Senate

Read third time and amended. Ordered to third reading.

Aug 01, 2022

Senate

Read second time. Ordered to third reading.

Jun 30, 2022

Senate

Ordered to second reading.

Senate

From inactive file.

Sep 01, 2021

Senate

Ordered to inactive file at the request of Senator Caballero.

Aug 18, 2021

Senate

Read second time. Ordered to third reading.

Aug 17, 2021

Senate

From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

Jul 15, 2021

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 14, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 13).

Jun 24, 2021

Senate

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 23, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 22).

Jun 09, 2021

Senate

Referred to Coms. on HUMAN S. and JUD.

  • Referral-Committee
Coms. on HUMAN S. and JUD.

May 28, 2021

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 27, 2021

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1631.)

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

May 05, 2021

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

Apr 20, 2021

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 20). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 08, 2021

Assembly

Coauthors revised.

Assembly

From committee: Do pass and re-refer to Com. on AGING & L.T.C. (Ayes 8. Noes 0.) (April 7). Re-referred to Com. on AGING & L.T.C.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on AGING & L.T.C.

Feb 18, 2021

Assembly

Referred to Coms. on HUM. S. and AGING & L.T.C.

  • Referral-Committee
Coms. on HUM. S. and AGING & L.T.C.

Feb 10, 2021

Assembly

From printer. May be heard in committee March 12.

Feb 09, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB499 HTML
02/09/21 - Introduced PDF
06/24/21 - Amended Senate PDF
07/15/21 - Amended Senate PDF
08/25/22 - Amended Senate PDF
09/01/22 - Enrolled PDF

Related Documents

Document Format
04/06/21- Assembly Human Services PDF
04/16/21- Assembly Aging and Long-Term Care PDF
05/03/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
06/18/21- Senate Human Services PDF
06/21/21- Senate Human Services PDF
07/09/21- Senate Judiciary PDF
08/13/21- Senate Appropriations PDF
06/30/22- Sen. Floor Analyses PDF
08/26/22- Sen. Floor Analyses PDF
08/30/22- ASSEMBLY FLOOR ANALYSIS PDF
10/03/22- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.