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S.F. No. 2685 - Assisted Living Licensing Requirements, Fees, and Fines Establishment - As Amended by the A-3 Amendment; Issues in the Jurisdiction of the Committee on State Government Finance and Policy and Elections
Author: Senator Karin Housley
Prepared By: Senate Counsel, Research and Fiscal Analysis (651/296-4791)
Date: March 28, 2019


This summary addresses the provisions in SF 2685, as amended by the A-3, that are within the jurisdiction of the Committee on State Government Finance Policy and Elections.

Article 1, section 3 (pp. 14-16), and Article 9, section 6 (p. 108), authorize the commissioner of health to adopt rules for all basic care facilities and assisted living facilities that promote person-centered planning and service and optimal quality of life and that ensure residents rights are protected, resident choice is allowed, and public health and safety is ensured. Rulemaking, to being on July 1, 2019, must include, but is not limited to, topics listed on lines 16.1-16.25. 

If 100 people make a request for a hearing about the rules, then rules must be adopted through a full rulemaking process, including the production of a Statement of Need and Reasonableness (SONAR), with a public hearing, and with a full review of the rulemaking record by an administrative law judge.  If fewer than 100 people make a request for a hearing, then rules will be adopted through an expedited process (i.e. no public hearing, no SONAR, review by an administrative law judge only as to form).

Article 2, section 8 (p. 32-34), specifies procedures for hearings before administrative law judges for applicants and licensees to challenge decisions of the commissioner of health as to licenses to operate a basic care facility or an assisted living facility.

 Article 4, section 3, subdivision 3 (p. 60) establishes a process for a resident of an assisted living establishment to appeal a termination of their assisted living contract to the Office of Administrative Hearings.

Article 9, section 5 (p. 107-109), as amended in the A-3, establishes a Resident Quality of Care and Outcomes Improvement Council.

Article 11, section 13 (pp. 126-127) applies to hearings conducted by an administrative law judge on an appeal of a temporary suspension or issuance of a conditional license as a home care provider.  The change in section 13 requires that the hearings be conducted under a simplified hearing protocol.  (The simplified protocol is used currently for a variety of types of disputes before the Office of Administrative Hearings.  Statutes specify at least eight types of disputes to follow the simplified protocol; in addition, parties to disputes before the OAH may choose the simplified protocol by agreement.)

Article 11, section 17 (pp. 130-131) modifies the membership and duties of the Licensed Home Care Provider Advisory Council, and eliminates requirement to report to the legislature.

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