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Adult and Senior Care Update - June 2005

COMMUNITY CARE LICENSING ADULT & SENIOR CARE UPDATE

This is our second 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.

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 Office of Regulation Development (ORD) 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. These proposed regulations are now approved by the Office of Administrative Law (OAL) and will become effective June 8, 2005.

Category Consolidation for Adult Day Programs: We are consolidating the applicable 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 will occur in July or August of this year.

Age and Postural Support Exceptions for Adult Residential Facilities: These proposed 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 the approval/exception requirements under specified conditions. The licensee will have to meet the same conditions currently required to receive an approved exception. The status conference was held on January 20, 2005, and the public hearing was held on May 18, 2005. Once a public hearing notice is filed with OAL, the public has a minimum of 45 days to respond with testimony. The public hearing notice to OAL also begins the one-year time frame for the regulatory process to be completed and the finalized version of these proposed regulations to be submitted to OAL.

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. The regulations are currently under review in ORD. We will report in future updates when these regulations may become effective.

THE WEST NILE VIRUS IN CALIFORNIA

In 2000, West Nile Virus (WNV) appeared for the first time in Pennsylvania in birds, mosquitoes and a horse. WNV is a virus mainly transmitted to people through the bite of an infected mosquito. Mosquitoes transmit the virus after becoming infected by feeding on the blood of birds containing the virus. Most people infected with the virus either have no symptoms or they have flu-like symptoms. However, a higher rate of serious complications can occur in the elderly and those with underlying diseases. For these populations, contracting the virus can lead to hospitalization and even death. It is important to know the symptoms of WNV and also how to minimize your riskand the risk to your clients and residents.

The health threats posed by the WNV continue to be as much of a concern this season as they were last year. Licensees are once again reminded to drain any standing water to prevent mosquitoes from breeding and to repair or install screens to prevent mosquitoes from coming indoors. The updated WNV guidelines for long-term care facilities prepared by the California Department of Health Services (DHS) are now available on the Community Care Licensing Division web site at www.ccld.ca.gov/res/pdf/WestNile2005.pdf. More WNV information can be found on the DHS web site at www.dhs.ca.gov.

DEPARTMENT OF LABOR FACT SHEET # 28

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. The WHD also has a new website address: www.dol.gov/whd/regs/compliance/whdfs16.pdf. In a joint effort with WHD, each of our updates feature one in a series of fact sheets providing general information on various topics. Enclosed is Fact Sheet #28 entitled, "The Family and Medical Leave Act of 1993." You can review this fact sheet at the following address: www.dol.gov/esa/regs/compliance/whd/printpage.asp?REF=whdfs28.htm (link removed). Additional information can be obtained from the Department of Labor by calling their toll-free information service number, (866) 889-5627.

TECHNICAL ASSISTANCE & POLICY BRANCH MANAGEMENT CHANGES

I am pleased to announce the following appointments in the Technical Assistance and Policy Branch:

Thomas Stahl as Chief of the Policy Development Bureau. Prior to his appointment, Thomas was Manager of the Senior Care Program Policy Unit. Thomas assumed his new position in February 2005.

John Mongeau as Manager of the Senior Care Program Policy Unit in the Policy Development Bureau. Prior to his appointment, John was a Policy Analyst in the Children's Residential Care Program Unit. John assumed his new position in April 2005. John assumes the position vacated by Thomas.

SENIOR CARE PROGRAM STAFF CHANGES

The Senior Care Program is pleased to welcome Tim Worley as an Administrative Assistant. Prior to his appointment Tim was an analyst in the Criminal Background Clearance Bureau. Tim assumed his new position in May 2005. The Senior Care Program looks forward to his contributions.

CHANGE OF OFFICE COVERAGE FOR SENIOR CARE PROGRAM

Effective June 1, 2005, coverage of Senior Care Programs for Kern County will be transferred from CCLD's Santa Barbara office to its Fresno office. The Local Unit Manager for this unit in the Fresno office is Shelley Evans. The telephone number for the Fresno office is (559) 243-8080.

PUBLIC FILE REVIEWS

Each regional office in CCLD maintains a facility file for each licensed facility. These public files contain licensee information, the facility's plan of operation, and the facility evaluation reports completed by licensing staff. This information may be helpful when trying to locate an appropriate place for a family member or friend. The files are available for public review, upon request, at the regional office that provides services to the county where the facility is located. It is recommended that you make an appointment with the appropriate regional office a few days in advance. This will allow licensing staff to ensure that the facility file is available for you to review. You may also obtain copies of public information in the file. To contact the appropriate local licensing office, click on the following link: http://ccld.ca.gov/PG875.htm.

LICENSED FACILITY DIRECTORIES

A statewide directory of most CCLD licensed facilities is now available to the public on our website. Confidential facility types such as Small Family Child Care Homes, Foster Family Homes and Certified Family Homes are not available. To search for a facility, go to the CCLD home page at http://ccld.ca.gov/and double click on "Search for a Facility" in the menu on the lower left hand side. Select the type of facility you are searching for, and then narrow your results by county, city, zip code or area code. Then go to "Select a format for your results (On screen, Word, Excel or WordPerfect)" which enables you to choose the way you want to compile the information. Press search and the information will be displayed for you to print. You may also still obtain directories of licensed facilities from your local licensing regional office.

This information is updated weekly. Please call the local Regional Office for information related to an administrative action taken against a licensed facility. It may take 30-60 days to display the information on this site. If you have any further questions, please contact the Licensing Information System Application Support Desk at (916) 323-6102.

RESIDENTIAL CARE STATISTICS

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.govto 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