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Adult and Senior Care Updates - November 2003
COMMUNITY CARE LICENSING ADULT & SENIOR CARE UPDATE
This is our final Adult and Senior Care Update for 2003. It also marks the tenth 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 those in your organization and others interested in adult and senior care issues.
GOVERNOR SCHWARZENEGGER ISSUES EXECUTIVE ORDER
Executive Order S-2-03 directs State Departments to cease processing any proposed regulatory action, including emergency regulations, for further review for a period not to exceed 180 days. In addition, within 180 days each program is directed to review all regulations enacted since January 6, 1999, and must address the impact and authority of the adopted, amended or repealed regulations on California businesses. To view the executive order in more detail, visit the governor's website: www.gov.ca.gov .
REGULATIONS FOR INFORMATION ONLY
The following regulation packages are currently on hold for adult and senior care facilities. The status of each package is provided for information only. We will report in future updates the status of these packages once we receive additional information or the executive order is lifted. If you have questions about any of the proposed regulations, please contact Carole Jacobi, Chief of the Policy Development Bureau, at (916) 322-5502. 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. 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 regulations will clarify and establish the Department's authority to inspect, audit, and copy client or facility records upon demand during normal business hours. They will also permit licensing staff to remove records if necessary for copying. Safeguards will prohibit the removal of emergency or health-related information (unless duplicate information is available), and standards will be established for the safe removal and timely return of records to facilities. These regulations will apply to all facility categories, and will enhance the Department's ability to protect the health and safety of clients in care.
Administrator Certification Program Regulations: These regulations amend existing Administrator Certification Program regulations for Residential Care Facilities for the Elderly and Adult Residential Facilities. The revised regulations will help ensure that quality training programs are available.
Health Related Conditions in Residential Care Facilities for the Elderly: These revised regulations will eliminate the requirement for approval from the licensing agency prior to providing care. The criteria for the care of the health-related conditions that licensees will be required to meet will be in the regulations. Changes agreed upon at the status conference are being incorporated.
Fire and Life Safety Emergency Regulations: These regulations will clarify requirements for smoke detectors and fire extinguishers in residential care facilities and child care centers; will set standards for emergency drills; and will make related regulations consistent across facility categories.
Dementia Regulations for Residential Care Facilities for the Elderly: These regulations address necessary safeguards for residents with dementia, while maximizing their independence. The regulations also implement the provisions of Assembly Bill 1753, (Chapter 434, Statutes of 2000). This statute adds training requirements for direct care staff working for licensees who advertise or promote specialized dementia care, programming, and/or environments. In addition, licensees of these facilities must include a brief narrative description about the special features of their facility in their plan of operation.
Hospice Regulations for Adult Residential Facilities: This regulation package permits licensees to request a waiver from the Department to allow a client diagnosed with a terminal illness to receive hospice care services in an Adult Residential Facility.
Adult Day Care and Adult Day Support Center Consolidation: This package consolidates Adult Day Care Facilities and Adult Day Support Centers into a single category called "Adult Day Programs."
Secured Perimeters in Adult Day Care Facilities and Adult Day Support Centers: These regulations will implement Section 1531.2 of the Health and Safety Code to permit licensees of Adult Day Programs to install secured perimeter fences or delayed egress devices of the time-delay type on exit doors. Residential Care Facilities for the Elderly and Adult Residential Facilities are currently allowed to use delayed-egress devices. The State Fire Marshal developed regulations to allow the use of secured perimeter fences and/or special egress control devices in facilities providing day care. These regulations were heard before the California Building Standards Commission on May 14, 2003, and were not approved. Based on comments from the hearing the regulations were revised. They were resubmitted and rejected by the Commission on July 16, 2003.
RESIDENTIAL CARE FACILITIES UNDER THE FAIR LABOR STANDARDS ACT - U.S. DEPARTMENT OF LABOR FACT SHEET #33
The United States (U.S.) Department of Labor, Wage and Hour Division is responsible for the administration of the Fair Labor Standards Act (FLSA) in the area of wages and compensation. 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 Residential Care Facilities (Group Homes) Under the Fair Labor Standards Act that provides general information on minimum wage, overtime pay and child labor requirements of the FLSA as they apply to residential care facilities. This Fact Sheet is designed to alert employers to certain employment practices that must be followed to ensure compliance with the FLSA. Additional information can be obtained from the Department of Labor website at www.dol.gov or by calling their toll-free information service number, (866) 889-5627. Please review Fact Sheet #33 at the following address: www.dol.gov/esa/regs/compliance/whd/whdfs33.htm . Please note there may be additional State requirements. For information on those requirements, please contact the Department of Industrial Relations at www.dir.ca.gov or call (800) 963-9424 for employer consultation services.
STATE HEALTH DEPARTMENT URGES SENIORS AND AT-RISK ADULTS TO GET A FLU SHOT
With flu season fast approaching, State Health Director Diana M. Bontá, R.N., Dr.P.H., today urged seniors and individuals who are at risk for flu-related complications, such as pneumonia, to receive a flu shot to safeguard their health during the flu season.
"Thousands of serious illnesses, hospitalizations and deaths can be prevented if at-risk individuals receive a flu shot before the fall and winter flu season begins," said Bontá.
"Winter flu season in California peaks in January and February, and getting the vaccine up through December still offers valuable protection against the flu. The supply of vaccine is plentiful this season."
This winter's anticipated flu strains are A/Panama, A/New Caledonia and B/Hong Kong. Bontá recommends that the following individuals get vaccinated:
- Individuals age 50 and older.
- Adults and children with chronic medical conditions, such as heart disease, lung disease, asthma, diabetes, kidney problems or blood disorders.
- Those whose immune systems are compromised by illness or by medical treatment such as chemotherapy.
- Children and adolescents age 6 months to 18 years who receive long-term aspirin therapy.
- Women who will be in the second or third trimester of pregnancy during the winter flu season.
- Healthcare workers and caregivers who come in close contact with individuals at high risk for flu complications.
In addition, because young, otherwise-healthy children are at increased risk for influenza-related hospitalization, flu shots for healthy children age 6 to 23 months are encouraged.
Every year, more than 114,000 people in the United States are hospitalized and approximately 36,000 people die because of the flu or pneumonia. Influenza, also called the flu, is a respiratory infection caused by a virus. The flu begins with an abrupt onset of fever, muscle aches, sore throat and cough that often make people sick enough to keep them in bed for several days. Seniors are more likely than others to become seriously ill because as people age, their immune systems don't respond as well.
The California Department of Health Services, through California's local health departments, has distributed 523,800 doses of influenza vaccine at low or no cost. Local health departments will hold flu clinics beginning this month.
"Because the flu vaccine is created from inactive flu viruses, it does not pose any risk of giving recipients symptoms associated with the flu," noted Bontá. "A flu shot is your best protection against the flu."
NEW SSI/SSP PAYMENT RATES
New SSI/SSP rates, which become effective January 1, 2004, reflect a 2.1% federal cost of living increase. There will be no state cost of living increase. 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.
LICENSED RESIDENTIAL CARE STATISTICS
Enclosed are the most recent statistics on licensed Adult and Senior Care facilities and capacities. Further breakouts by category and location are available. Please direct your requests to Jeff Hiratsuka, Chief of the Central Operations Branch, at (916) 322-4875.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Cathleen McCoy, Chief of the Technical Assistance and Policy Branch, or me at (916) 657-2346. 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,
DAVE DODDS
Deputy Director
Community Care Licensing Division
Enclosures