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Adult and Senior Care Update - March 2005
COMMUNITY CARE LICENSING ADULT & SENIOR CARE UPDATE
This is our first Adult and Senior Care Update for 2005. It also marks the twelfth year of our efforts to keep the residential care community informed about licensing programs and services. The Updates continue to be an important method for sharing information. We appreciate your support in sharing these Updates with members in your organization and others interested in adult and senior care issues.
PUBLIC HEARING NOTICE LIST
Public comment is an important part of the regulation development process. It provides a forum for the Department to receive feedback from interested parties on proposed new and amended regulations before they are finalized.
All substantive changes to regulations proposed by Community Care Licensing (CCL) are required to go through public hearings. During this process, interested parties may provide oral and/or written comments on the proposed regulations. CCL must consider this testimony and respond as to whether the proposed regulations will be amended in response to the comments or provide a reason why no changes will be made.
The Department is required to provide public notice 45 days before the hearings are held. Interested parties can subscribe to a public hearing notification list through the California Department of Social Services, Office of Regulation Development (ORD). Subscribers on this list will automatically be notified of any public hearings. Subscriptions to the list can be made by submitting an email to ord@dss.ca.gov with the following information or calling ORD at (916) 657-2586:
- Your name
- Your phone number
- Your email address
- Whether you want to subscribe or unsubscribe
REGULATION PACKAGES
The following regulation packages for adult and senior care facilities are currently in process or completed. If you have questions about any of the proposed regulations, please contact our Policy Development Bureau, at (916) 324-4312. For copies of the proposed regulations or more information about hearing schedules, contact the Department's Office of Regulations Development at (916) 657-2586 or visit their website at www.dss.cahwnet.gov/ord/default.htm. Please note that depending on the version of software that you are currently using, it might be necessary to press your control key to activate the hyperlinks found throughout this document.
Records Removal and Reproduction Regulations: These proposed regulations clarify and delineate the Department's authority to inspect, audit, and copy client or facility records upon demand during normal business hours; and to remove them if necessary for copying. They also contain safeguards to prohibit the removal of health-related records (unless duplicate information is available); establish standards for the removal and return of records; and cut across facility categories. The public hearing was held on June 16, 2004, in Sacramento. No substantive changes were made to the regulations as a result of public comment. We anticipate that the regulations will be submitted to the Office of Administrative Law (OAL) in March 2005 with an effective date of early May 2005.
Category Consolidation for Adult Day Programs: We are consolidating the General Licensing Requirements, Adult Day Care and Adult Day Support Center regulations into a single category called Adult Day Programs to comply with Senate Bill 1982, Chapter 773, Statutes of 2002. The regulations are still being reviewed by ORD. We anticipate public hearings to occur later this year. We will inform you in future updates once the date and location of the public hearings are scheduled.
Age and Postural Support Exceptions for Adult Residential Facilities: These regulations will eliminate the need for a licensee to request an exception when a client reaches 60 years of age and for the use of a postural support. The criteria for retaining a resident who has reached the age of 60 will be based upon a percentage between the capacity and census of the facility. This regulation package will also remove those approval/exception requirements under specified conditions. The licensee will have to meet the same regulatory conditions required by the approval/exception process. The status conference was held on January 20, 2005, and the public hearing is scheduled for May 18, 2005.
Reformatted Regulations for Residential Care Facilities for the Elderly (RCFE): The reformatting of the RCFE regulations into a more user-friendly format has been completed. No content of the regulations is being changed, but they are being grouped by subject matter. Most regulation sections have been renumbered and some current requirements have been moved into new Articles. Since no content is being changed, there will be no public hearing. We anticipate that these regulations will become effective July 2005.
SENIOR CARE PROGRAM MANAGEMENT CHANGES
The Senior Care Program is pleased to announce the appointment of Myron Taylor as Regional Manager of the Southern California Senior Care Regional Office in San Diego. Myron comes to the Senior Care Program from his position as Regional Manager of the Central Coast Child Care Office in Santa Barbara. Myron has over 22 years of experience in the residential care field. Myron assumed his new position in October 2004. Myron assumes the position vacated by Terry Sutton who retired.
The Senior Care Program is fortunate to welcome four experienced Local Unit Managers to the program:
Suzanne Roman-Clark has joined the Central California Senior Care team in San Bruno. Suzanne started state service with the Employment Development Division and has been with Community Care Licensing for eight years - first, as a Licensing Program Analyst and then as a Local Unit Manager for the Children's Residential Program. Suzanne assumes the position vacated by Elaine Arrington who retired.
Diane Hoffman has joined the Northern California Senior Care team in Rohnert Park. Diane has been with Community Care Licensing for 27 years (she worked on the first Evaluator Manual.) Diane has worked in all programs as a Licensing Program Analyst and comes to the Senior Care program from the Child Care Program where she was a Local Unit Manager. Diane assumes the position vacated by Gary Boehmer who retired.
Patrick Smith has joined the Southern California Senior Care team in Orange. Patrick has been with Community Care Licensing for 13 years. He was a Licensing Program Analyst and comes to Senior Care from the Adult Care program where he was a Local Unit Manager. Patrick assumes the position vacated by Brian Barnett who is now the Child Care Regional Manager in Fresno.
Ruben Ramirez has joined the Greater Los Angeles Senior Care team in Santa Barbara. Ruben has been with Community Care Licensing for 17 years. He was a Licensing Program Analyst and an analyst with the Technical Support Program. Ruben comes to Senior Care Program from the Adult Care Program where he was a Local Unit Manager. Ruben assumes the position vacated by Colleen Young who is now the Child Care Regional Manager in Santa Barbara.
Welcome Myron, Suzanne, Diane, Patrick, and Ruben!
In the Senior Care Program office in Sacramento, Tom Page is retiring after 35 years of state service. Mary Jolls is assuming the duties of the Staff Services Manager. Mary has worked most recently in the Legislation Division for CDSS; she also has prior experience as a Licensing Program Analyst in the Sacramento Regional Office.
Welcome, Mary Jolls, and best wishes for Tom in his retirement.
ADULT CARE PROGRAM MANAGEMENT CHANGES
The Adult Care Program has the following management team changes:
Anita Tang has joined the Southern Region management team in our Riverside office. Anita was a Licensing Program Analyst for three years before joining our management team in the Los Angeles Tri-County Office where she was a Local Unit Manager for the last four years.
Tina Vasquez-Garcia has joined the Los Angeles Tri-County Adult Care management team in Monterey Park. Tina was a Licensing Program Analyst in the Monterey Park office for eight years. Tina assumes the position vacated by Anita Tang who is now the Local Unit Manager in our Riverside Office.
Cora Flores has joined the Los Angeles Tri-County Adult Care management team. Cora is the Local Unit Manager for our Woodland Hills and Santa Barbara Local Units. Cora was a Licensing Program Analyst for eight years. She has extensive experience in the Children's Residential Program. Cora assumes the position vacated by Ruben Ramirez who is now the Local Unit Manager in the Senior Care Woodland Hills office.
Please welcome Anita, Tina and Cora to their new assignments!
ADMINISTRATOR CERTIFICATION SECTION
The Administrator Certification Section (ACS) is a legislatively mandated program designed to upgrade the knowledge and educational levels of persons currently employed and wishing to become administrators of Residential Care Facilities for the Elderly, Adult Residential Facilities, and Group Homes through a certification process. Administrators are individuals designated by licensees to act on behalf of the licensee in the overall management of their facilities. Licensees and administrators may be the same person. The ACS is also legislatively mandated to approve/disapprove all vendors of 35/40 hour initial and continuing education training programs, which includes courses and instructors. If you have any questions about your initial or recertification process, pending courses or receipt of your monies, contact the Administrator Certification Section at (916) 324-3755.
INFLUENZA AND ACUTE VIRAL GASTROENTERITIS ("STOMACH FLU")
With the flu season still upon us, licensees are reminded that outbreaks of influenza or acute viral gastroenteritis ("stomach flu") are a particularly serious problem in residential care facilities where residents are at high risk of developing serious complications or dying due to their age and/or health problems. A virus can spread rapidly in a residential care facility and result in hospitalizations and deaths. Licensees should contact their local health department immediately if they suspect an outbreak of influenza or the stomach flu in their facility.
For more information on influenza, please see the annual guideline "Prevention, Detection, and Control of Influenza in California Long-Term Care Facilities," which is available on the web site for the California Department of Health Services (CDHS), Division of Communicable Disease Control at www.dhs.ca.gov/ps/dcdc/disb/disbindex.htm under Disease Investigations Section. The toll-free number for the CDHS Flu Vaccine Information Line is (866) 470-3788.
In addition, CDHS has developed guidelines for controlling outbreaks of acute viral gastroenteritis. These guidelines have been adapted for use by licensed residential community care facilities and can be viewed at http://ccld.ca.gov/res/pdf/StomachFlu.pdf. Licensees are encouraged to follow these guidelines, which are considered "best practices," to the extent possible. For a more detailed version of the guidelines, please see the report "Control of Viral Gastroenteritis Outbreaks in California Long Term Care Facilities," at www.dhs.ca.gov/ps/dcdc/disb/disbindex.htm under Disease Investigations Section.
DEPARTMENT OF LABOR FACT SHEET # 22 & NEW WEBSITE ADDRESS
The United States Department of Labor, Wage and Hour Division (WHD) is responsible for the administration of the Fair Labor Standards Act in the area of wages and compensation. Please note that the WHD also has a new website address: www.wagehour.dol.gov. In a joint effort with the Wage and Hour Division, each of our updates feature one in a series of fact sheets providing general information on various topics. Enclosed is a fact sheet entitled, "Hours Worked Under the Fair Labor Standards Act (FLSA)." Additional information can be obtained from the Department of Labor by calling their toll-free information service number, (866) 889-5627. Please review Fact Sheet #22 at the following address: www.dol.gov/esa/regs/compliance/whd/printpage.asp?REF=whdfs22.htm
NEW STATE SUPPLEMENTAL PAYMENT RATE
New Supplemental Security Income (SSI)/State Supplementary Payment (SSP) standards, which become effective April 1, 2005, reflect a 2.75% State cost of living increase to the SSP portion of the benefit. (The 2.75% increase was applied to the 2004 SSI/SSP payment standards.) The federal SSI standard was increased January 1, 2005, and remains the same. The enclosed chart displays the new non-medical out-of-home care rates. If you have questions regarding the new rates, please contact Dawn Devore of the Adult Programs Management Bureau at (916) 229-4588.
RESIDENTIAL CARE STATISTICS
As we mentioned in our last Update, all of the statistics for licensed Adult and Senior Care facilities are now available online. When you visit the CCLD home page, click on the link on the left side of the page that is titled, "Licensing Overview." Then click on the first bullet that says, "Number of State Licensed Facilities, by County." Scroll to the end of the document for the statewide totals. Further breakouts by category and location are still available. Please direct your requests to Sarah Fernandes, Central Operations Branch, at (916) 327-2406. Directories can also be obtained from your local licensing office.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Barbara Rooney, Acting Chief of the Technical Assistance and Policy Branch at (916) 324-4312. Also, please visit our website at www.ccld.ca.gov to obtain copies of Updates, office locations, provider letters, regulations, or to learn more about licensing services.
Sincerely,
Original Signed by Jo Frederick
JO FREDERICK
Deputy Director
Community Care Licensing Division
Enclosures