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Adult and Senior Care Updates - March 2003

This is our first 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.

REGULATIONS UPDATE

The following regulation packages are in process for adult and senior care facilities. If you have questions about any of the proposed regulations, please contact Carole Jacobi, Chief of the 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.

Reformatted Regulations for Residential Care Facilities for the Elderly: We are reformatting the RCFE regulations into a more user-friendly format. No content of the RCFE regulations is being changed. Some regulations will be moved to group like topics. Also, some regulation sections are being renumbered. In addition to being more user friendly, the new format will more closely align with the comprehensive visit guidelines. Since no content is being changed, there will be no public hearing. We anticipate that these regulations will become effective in early March 2003.

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 added 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 references to these items in their plan of operation. The public hearing on these regulations was held in Sacramento on January 15, 2003. Interested parties offered comments and we are preparing responses. If any substantive changes are made to the regulations, a 15-day renotice will be required.

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 remain in the facility and receive hospice services. The public hearing for this regulation package was held January 15, 2003. We are currently reviewing the testimony and written comments to determine if any further changes are needed in the proposed regulations. If we make substantive changes, we will issue a 15-day renotice.

Adult Day Care / Adult Day Support Center: The consolidation of these two sets of regulations is more user-friendly and no longer requires use in combination with the General Licensing Requirements. This package was submitted to the Office of Administrative Law and we recently received their comments. We are in the process of reviewing these comments to determine if additional changes are needed to the regulations. If we make substantive changes, we will issue a 15-day renotice.

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 secured perimeter fencing or delayed-egress devices. The State Fire Marshal is developing regulations to allow the use of secured perimeter fences and/or special egress control devices in facilities providing day care. It will be necessary for both the State Fire Marshall and CCLD regulations to become effective before day programs can be cleared for secured perimeters/delayed egress.

Health Related Conditions in Residential Care Facilities for the Elderly: We are drafting regulations to revise the requirements for health-related conditions. The revised regulations will allow licensees to provide care for specific health-related conditions without first obtaining an exception or waiver from the licensing agency. The criteria for the care of the health-related condition that licensees will be required to meet will be in the revised regulations. These regulations are in the early development stage.

LEGISLATION

Copies of Community Care Licensing Division's (CCLD) Implementation Plans for 2002 chaptered legislation are enclosed with this update. Implementation plans are included for Residential Care Facilities for the Elderly, Adult Residential Facilities, and Residential Care Facilities for the Chronically Ill update. If you have any questions regarding this legislation, please contact your Licensing Program Analyst or local licensing office.

FIRE SAFETY REMINDER

Often you will read about a fire within your community and the devastation to life and property that happens in a matter of minutes. In recent weeks, there have been two fires in licensed facilities; one in Northern California and one in Southern California. The following items should be reviewed as part of your facility safety check.

  1. Make sure that all smoke detectors are operating. Batteries should be replaced every six months.
  2. Fire extinguishers should be checked for expiration dates or for annual maintenance. Staff should be aware of the location of the extinguishers and have knowledge of how to use them.
  3. Maintain a list of residents that need special assistance in case of a fire. Be sure that all staff are aware of these residents and are trained in your evacuation procedures.
  4. It is important to exercise caution when operating any type of portable or space heater. Portable heaters must be UL listed or approved. When purchasing portable heaters, select a product that has a type of coating that will not get hot to the touch. Guidelines for safe use include:
    • Keep portable heaters at least three feet away from curtains, bed linens or any combustible materials.
    • Do not use with extension cords (including power strip cords).
    • They must not be used to dry articles of clothing or other items
    • Place heaters on the floor only and not on top of tables or other pieces of furniture.
    • Be sure they are securely positioned so they cannot topple over. Some newer models have an automatic shut-off when this occurs.
    • Monitor the facility residents' ability to safely operate the equipment, such as turning it off and on and not placing flammables on top of or near the device.
    • The licensee must ensure that the heater does not become so hot when operating as to cause burn/injury to the resident.

For further fire safety information, contact your local fire department or the Office of the State Fire Marshal at (916) 445-8200 or visit their website at http://osfm.fire.ca.gov/.

UNNECESSARY DUPLICATE BACKGROUND CHECKS

Duplicate background checks continue to be a significant burden in Licensing's Criminal Background Check Bureau workload. Duplicate background checks impose large financial obligations for DOJ and CDSS in addition to increased workloads.

To lessen the financial and workload burdens of both Departments, please ensure that individuals requiring background checks have not previously completed the background check process administered by CDSS. Employers should contact their respective Community Care Regional Licensing Office to determine if the individual had previously completed a background check. If an individual has previously undergone a CBCB background check, and was either cleared or exempted, the licensee and regional office must complete the transfer process. Regional Office personnel have the capability to update the LIS with clearance transfer and facility relocation information. The Regional Offices will forward the exemption transfer requests to CBCB for processing.

ELECTRONIC MAIL RESPONSES

DOJ is now providing state clearance information to employers via email. The email process will shorten the overall processing time because the notification won't be dependent on physical mail delivery. If you have want to use the email service, you should apply to DOJ. Applications for the email codes may be accessed on the web at www.caag.state.ca.us/fingerprints/publications/livescan.pdf. Licensees who do not have access to the Internet may contact Ulric Bellaire at (916) 227-5226.

LIVE SCAN FORM

The Request for Live Scan Service form (LIC 9163) was revised in April 2002; the new version requires the entry of a facility number on line #6. Please ensure that applicants are using the most current version of the form or that the facility number is used in line #6 on the old form. The inclusion of facility number will reduce the number of errors received at CBCB and ensure the quickest turnaround time of background checks. The new forms are available on the web here.

PREPAREDNESS FOR NATIONAL EMERGENCIES

The United States Department of Homeland Security has prepared a short publication entitled "Preparing Makes Sense. Get Ready Now." It contains useful information about preparing for your safety in the event of a terrorist event. The brochure and other preparedness information can be found at the U.S. Department of Homeland Security website at www.ready.gov.

We must all consider the steps to take if a national emergency occurs. This brochure will help you with your planning.

COMPLIANCE WITH FEDERAL LABOR LAWS

In past updates I have reported to you on the investigations being done by the United States (U. S.) Department of Labor, Wage and Hour Division. In a continuing effort to provide licensees information on employment requirements, I am enclosing a Fact Sheet on how to contact the U.S. Department of Labor for information and various compliance tools which are available at their website. A live operator is available to respond to your questions and bilingual service is also available. In future updates, we will feature a compliance tool which focuses on those areas most problematic for licensees of residential facilities. The compliance tools and information on compliance assistance, training seminars and telephone and on-site consultations are available on the U. S. Department of Labor website at www.dol.gov ( Department of Labor flyer ).

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, adult and senior care licensing offices, provider letters, regulations, or to learn more about licensing services.

Sincerely,

DAVE DODDS
Deputy Director
Community Care Licensing Division

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