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Adult and Senior Care Updates - June 2003
This is our second 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.
NEW PROGRAM ADMINISTRATOR FOR SENIOR CARE PROGRAM
I am pleased to announce that Ben Partington has been appointed to the position of Program Administrator of the Senior Care Program. The Senior Care Program now has responsibility for overseeing the operation of Residential Care Facilities for the Elderly throughout California. This role takes on increased importance as the state's population continues to age. Ben will assume his new role immediately.
Ben Partington has worked for the Community Care Licensing Division for over 18 years. He has managed the Division's adult and children's policy sections and has extensive experience in senior care issues. He also managed the Division's Technical Assistance Bureau, which provides technical assistance and training to care providers and licensing staff. Most recently, Ben has served as the Chief of the Continuing Care Contracts Branch. He will continue to act in this position in addition to his Senior Care duties.
Please join me in welcoming Ben to his new assignment.
SIERRA CASCADE ADULT CARE MANAGER APPOINTMENT
I am pleased to announce the appointment of Laurel Eckert to the Regional Manager position in the Sierra Cascade Adult Care Licensing Office effective May 28, 2003. Laurel has been with Community Care Licensing since 1987. She started as a Licensing Program Analyst and for the past nine years has been a Local Unit Manager. Laurel has worked with all residential facility categories as an analyst and as a supervisor. In her prior experience at Porterville Developmental Center, she worked with developmentally and mentally disabled clients. Please join me in congratulating and welcoming Laurel to her new assignment!
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) 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 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.
Fire and Life Safety Emergency Regulations: These regulations will require all residential facilities, adult day programs, and child care facilities to have smoke detectors and fire extinguishers; will set standards for emergency drills; and will address other fire and life safety issues. Because these are emergency regulations, they will go into effect immediately upon approval by the Office of Administrative Law for 120 days. The regulations are currently being reviewed by the State Fire Marshal and should become effective in late June. The public hearing will be held thereafter. As with all regulations filed on an emergency basis, revisions will be made as necessary in response to public testimony.
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. Responses to the comments received from the public hearing have been completed requiring substantive changes to the regulations. A 15-day renotice will be required. This renotice is tentatively scheduled for the end of July or August.
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. The public hearing for this regulation package was held January 15, 2003. As a result of public comments, revisions were made to these regulations. The15-day renotice period concluded May 19, 2003, and no further comments were received. The regulations are now under review by the Office of Administrative Law. We expect these regulations to be effective this fall.
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. It is necessary for both the State Fire Marshall and CCLD regulations to become effective before day programs can be cleared for secured perimeters/delayed egress. I will keep you informed in future updates on the progress of this package.
HOSPICE WAIVERS AND RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (RCFE)
If you are operating an RCFE and think you may be interested in allowing for the provision of hospice care services to your resident(s), please request a hospice care waiver. Prior to January 1, 2003, an individual had to be a resident of an RCFE prior to the initiation of hospice services. As a result of legislation, effective January 1, 2003, an individual already utilizing hospice care services may become a resident of an RCFE, provided the facility has obtained a hospice care waiver. It takes time to review these waiver requests, so it is especially important to make your waiver request to position yourself to allow for your acceptance of these individuals.
COMPENSABLE TIME - U.S. DEPARTMENT OF LABOR FACT SHEET #22
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 subsequent updates will feature one in a series of fact sheets providing general information on various topics. According to an investigative survey conducted by the Wage and Hour Division, appropriate compensation to staff for time worked and what constitutes time worked are the areas most misunderstood by employers, especially those employing staff on duty for more than 24 hours. Enclosed is a fact sheet entitled Hours Worked Under the Fair Labor Standards Act (FLSA) discussing what constitutes compensable time under 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.
UPDATE ON SSI/SSP PAYMENT RATES
In the November 2002 update, it was reported that an additional cost of living adjustment (COLA) would become effective on June 1, 2003. The Governor's Budget released in January assumed that the June COLA would be suspended due to the severe Budget shortfall facing the State. The Legislature had reportedly concurred with the proposed repeal of the June Supplemental Security Income/State Supplemental Payment (SSI/SSP) COLA. Consequently, the Social Security Administration (SSA) was advised earlier in the year to delay implementation of the June SSP COLA pending enactment of legislation to repeal the June COLA. No such legislation has been enacted to date. So, the SSA was just recently asked to implement the SSP COLA effective June 1, 2003. Retroactive SSP payments are expected to be issued in September, and regular monthly checks are expected to be increased on October 1, 2003. If you have questions regarding the SSI/SSP COLA, please contact Terrie Marks of the Adult Program Operations Bureau at (916) 229-4041.
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