LeadingAge California engages in a constant and determined fight to preserve and maintain services to California’s seniors and their providers through policy and advocacy
The majority of assisted living members are a part of a continuing care retirement community while some are free standing. Assisted living is state regulated. State regulations vary on who can be admitted and reside in assisted living. Assisted living is primarily private pay.
Continuing Care Retirement Communities
CCRCs offer an innovative and independent lifestyle that is different from other housing and care options for older people. Through long-term contracts that provide for housing, services and nursing care, usually in one location, the CCRC meets a resident’s needs for their entire life.
Legal Update: RCFE Food Service Not Subject to County Oversight
Joel Goldman, of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, provides clarification that RCFEs are not subject to the provisions of the California Uniform Retail Food Facilities Law (CURFFL). Download the Legal Update here.
In 1998, LeadingAge California sponsored AB 742 (Washington, Chapter 124, Statutes of 1998). This state legislation would guarantee that a resident enrolled in Medicare risk HMO would be allowed to "return home" when that home is equipped to care for them. This legislation was pre-empted by the federal bill, H.R. 5661. Specifically, the Medicare "give backs" portion of the "Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (BIPA)" which (42 U.S.C. 1395w-22) gives seniors who are enrolled in the Medicare+Choice plan the option to return to their home care facility following hospitalization if the following conditions are met:
• The enrollee elects to return to that facility;
• The home facility must agree to the enrollee's return;
• The home facility must agree to accept the same terms and condition of payment that would apply to an in-network provider under the enrollee's managed care plan.
Should you encounter problems in exercising the resident's rights under these provisions, members are encouraged to contact the plans program manager. Contacts for Kaiser and PacifiCare are listed below:
Click here for:
• updated provider statutes with the modifications made by SB 244,
• a compliance checklist, and
• a sample residents' rights poster.
DSS Issues Memo Clarifying Use of "Point Systems"
A memo issued on July 29, 2005 from DSS’ Policy Development Bureau seeks to clarify statutory requirements for admission agreements and the use of “point systems.” Specifically, the memo is meant to provide Licensing Program Analysts (LPAs) with consistent criteria for evaluating these two areas.
LeadingAge California will be meeting with the Department on this issue and will advise members of any changes if they occur. It should be noted that CCRCs are exempt from Article 9 of Chapter 3.2 of the RCFE statutes. Therefore, much of the content of the memo does not apply. Download the memo here.
Navigating the Fingerprinting & Background Check Process
According to the Department of Justice and the Community Care Licensing Division, 96% of fingerprint clearances should be available within 3-5 days when using Live Scan. Staff with client contact and volunteers must be cleared prior to their presence in the facility. Common issues that cause delays include missing court information, applicant born prior to 1945 requiring a manual file search, and missing or incorrect data submitted with the fingerprints. Visit http://www.ccld.ca.gov/PG404.htm to learn more.
The information below is provided to assist you in checking on status of your applicants:
Checking on Status of Fingerprint Submission
You should allow a minimum of seven days before making a status inquiry. Applicants should check first with the DSS-Care Giver Background Check Bureau since the Department of Justice sends results directly to the applicant agency.
24-hour Automated Telephone Service Available: 916-227-4557. If DSS does not have results yet and digital Live Scan fingerprints were submitted, you can use the automated telephone system to check on your submission. You will need the following information: (1) your date of birth; and (2) the 10-digit Automated Transaction Identifier (ATI) number that appears at the bottom of the Department of Justice form requesting Live Scan fingerprint background checks. The ATI number always appears in the following sequence: 1 LETTER; 3 NUMBERS; 3 LETTERS and 3 NUMBERS.
There is no automated system for checking on paper fingerprint card submissions. To check on card submissions or if you have specific applicant submission problems, contact the state Department of Justice's Applicant Processing Program at (916) 227-3823. Because of the volume of calls received and time needed to research each request, there may be delays in responding to your inquiry.
HIPAA: An Introduction
Allan Jergesen, Esq. of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP provides members a general introduction to HIPAA including background of the HIPAA legislation, and several components that make up HIPAA. Click here to access the complete text in PDF.