RCFE Regulatory Update Service 2016

Eldercare Training Academy currently offers the required RCFE regulatory update service available by email only.  The service is free for all of 2016.

The service will keep the RCFE licensee/administrator informed and updated on new laws and regulations that will affect the RCFE business operation.  The service will also include a thorough analysis and interpretation of each law and how to comply including any required sample forms and documents at no addtional charge.

Please sign up to receive the update services on the home page of the Eldercare Training Academy website

 

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AB1570 and SB911 Legislative Summary

AB 1570

Increases both the RCFE administrator and  direct staff training hours and subjects covered in the training. The bill also enhances the administrator certification process specific to the exam, core of knowledge and training methods.

SB 911

Increases training hour and topic requirements for RCFE administrators and direct care staff.  Prohibits RCFEs from discriminating or retaliating against a resident, employee, or other person for contacting 911. Requires licensees providing care to residents with prohibited or restricted health conditions to ensure that care is provided by specified professionals under specified conditions.

2016 Initial RCFE Administrator Training

  • 80 hours of total hours for initial RCFE Administrator Training
  • 60 of the 80 hours in the classroom
  • 20 more hours can be classroom or online
  • 100 questions on the exam

 

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California Paid Sick Leave – Commences on July 1 2015

An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment, is entitled to paid sick leave.

Employees, including part-time and temporary employees, will earn at least one hour of paid leave for every 30 hours worked. Accrual begins on the first day of employment or July 1, 2015, whichever is later.   Employers are required to notify employees and display poster on Paid Sick Leave  as well.

For more information on the new law, visit State of California website.

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Suspension of Resident Admissions by CCLD SB1153

SB 1153

This bill authorizes the Department to suspend new admissions for licensees that violate statute and/or regulation which presents a direct or immediate risk to the health, safety or personal rights of residents. The Department can also suspend new admissions for licensees failing to pay fines assessed by the Department. The order of suspension of new admissions will be stayed during the appeal process.

 

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Facility Designee and Sufficient Staffing

AB 2044

All licensees shall ensure that at least one administrator, facility manager, or designated substitute who is at least 21 years of age and meets specified requirements, is on the premises of a facility 24 hours per day. A designated substitute may be a direct care staff member. A designated substitute must meet qualifications that include, but are not limited to: knowledge of the requirements for providing care and supervision appropriate to each resident of the facility; familiarity with the facility’s planned emergency procedures; and training to effectively interact with emergency personnel in the event of an emergency call, including an ability to provide a resident’s medical records to emergency responders.

Licensees must ensure and document that designated substitutes meet the qualifications specified in the new law. These qualifications may be obtained on-the-job at the facility, through formal training, or a combination of both.

Sufficient Staffing

Licensees must ensure that a sufficient number of staff are employed and scheduledto provide the care required in each resident’s record of care; ensure the health, safety,comfort, and supervision of residents; ensure that at least one staff member who hasCPR training and first aid training be on duty and on the premises of a facility at alltimes; and ensure that a facility is clean, safe, sanitary, and in good repair at all times.

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Liability Insurance Required for RCFE by July 1, 2015

AB 1523

Requires all RCFEs, except those facilities that are an integral part of a continuing care retirement community, to maintain liability insurance covering injury to residents and guests, caused by the negligent acts or omissions to act of, or neglect by, the licensee or employee, in an amount of at least $ 1 Million per occurrence and $3 Million in the annual aggregate.  Eldercare Training Academy has partnered with Sierra Professional Insurance to provide information on the new insurance regulations.  Sierra Professional Insurance can provide each facility with an estimate and quote for the required coverage.  In addition, Sierra Professional is offering several incentives to facilities and will be sponsoring Eldercare Training Academy continuing education courses on the best practices for dispute resolution for  RCFE facilities.  For more information contact Dave Wertzberger at  408-623-2255 (cell) or 888-443-6856 (Toll Free fax)

 

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RCFE Requirements and Posting Resident Councils (AB) 1572

AB1572

This law grants resident councils’ additional rights, adds requirements for licensees, and limits membership of a resident council to RCFE residents, except at the invitation of resident council. Family members, resident representatives, advocates, long-term care ombudsman program representatives ,facility staff or others may participate in resident council meetings and activities at the invitation of the resident council. This bill amends Health and Safety code 1569.157 and1569.158

For a facility with a licensed capacity of 16 or more beds, this bill also requires a licensee to designate a staff person to assist with resident council meetings and notifications, including, making a room available for resident council meetings, and posting information in a central location readily accessible to residents, relatives, and resident representatives.

Licensees are required to post “Rights of Resident Council”, in a prominent place in the facility accessible to residents, family members, and resident representatives.

A violation of Resident Council and Family Council requirements will result in a daily civil penalty of $250 until the violation is corrected.

Poster Resident Council

 

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RCFE Resident Bill of Rights 2015

AB2171

Enacts a “bill of rights” for residents of Residential Care Facilities for the Elderly (RCFE) consisting of 30 resident rights.  The licensee must post a copy of the resident’s bill of rights in the facility and must also post these rights in other languages when five percent or more of the residents can only read that other language.

In addition, AB 2171 requires licensees to observe a policy of not discriminating against prospective or current residents. It requires licensees to provide initial and ongoing training to facility staff on personal rights.

New Resident Bill of Rights

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RCFE Liability Insurance Requirements July 2015

AB1523

Requires all RCFEs, except those facilities that are an integral part of a continuing care retirement community, to maintain liability insurance covering injury to residents and guests, caused by the negligent acts or omissions to act of, or neglect by, the licensee or employee, in an amount of at least $ 1 Million per occurrence and $3 Million in the annual aggregate.

Facility owners with an existing liability insurance policy must check to see if the policy is complaint with AB 1523 by July 1 2015.

To verify a RCFE  liability policy meets the new requirements email lauraferrall@cox.net for a compliance checklist.

 

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