Linda Kincaid Reports: California’s AB 2171 introduces Bill of Rights for assisted living residents

On Tuesday, April 22, 2014, the California State Assembly Committee on Aging and Long-Term Care will hold a hearing on Assembly Bill 2171. Introduced by Assembly Member Bob Wieckowski, AB 2171 will establish a comprehensive Bill of Rights for residents in assisted living, often called residential care facilities for the elderly (RCFEs). The hearing will be webcast live and archived for later viewing.

The proposed Bill of Rights includes the right to visitors, the right to phone calls, the right to mail, as well as the right to not be physically restrained or chemically restrained. Elder advocates throughout California strongly support AB 2171. Many RCFEs oppose AB 2171.

Elder advocates urge individuals to contact Committee members with their concerns about abuse and lack of accountability in RCFEs. Committee member names, phone numbers, and email addresses are given below. An email of support followed by a phone call could be especially effective.

Assembly Committee on Aging and Long-term Care

Marc Levine

(916) 319-2010

Assemblymember.Levine@assembly.ca.gov

Cheryl R. Brown

(916) 319-2047

Assemblymember.Brown@assembly.ca.gov

Tom Daly

(916) 319-2069

Assemblymember.Daly@assembly.ca.gov

Shannon L. Grove

(916) 319-2034

Assemblymember.Grove@assembly.ca.gov

Donald P. Wagner (Vice-chair)

(916) 319-2068

Assemblymember.Wagner@assembly.ca.gov

Adam C. Gray

(916) 319-2021

Assemblymember.Gray@assembly.ca.gov

Mariko Yamada (Chair)

(916) 319-2004

Assemblymember.Yamada@assembly.ca.gov

The Coalition for Elder and Dependent Adult Rights (CEDAR) reviewed abuses by RCFEs and urged the Committee to support AB 2171.

AB 2171 is necessary to clarify personal rights in residential care facilities for the elderly (RCFEs) and to close gaps in existing regulations. The bill would also provide needed monetary penalties for violations.

At present, there is no remedy for elders who suffer abuse in RCFEs. Community Care Licensing (CCL), the Long-Term Care Ombudsman, and law enforcement are unable or unwilling to protect RCFE residents. Civil courts hold that families have no standing to protect loved ones until after the death of the victim.

Coalition for Elder & Dependent Adult Rights (CEDAR) is a collaboration of advocates with firsthand experience of horrific abuse in RCFEs. Each of us watched a loved one victimized for an extended period of time. Each of us found that Community Care Licensing (CCL), the Long-term Care Ombudsman, law enforcement, and civil courts offered no remedies for abuse of our loved ones.

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California’s AB 2171 introduces Bill of Rights for assisted living residents