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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 433Introduced by Senator Wahab(Coauthor: Senator Allen)February 18, 2025 An act to amend Section 1569.147 of the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 433, as introduced, Wahab. Retirement care facilities for the elderly: assisted living waiver rental rate protection.Existing law, the California Residential Care Facilities for the Elderly Act, regulates residential care facilities for the elderly. A violation of the act is a crime.Existing law provides for the MediCal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to develop a program that requires a waiver of federal law to test the efficacy of providing an assisted living benefit to beneficiaries under the Medi-Cal program. The waiver requires that eligible participants are those who require a nursing facility level of care and wish to live in a residential care setting, such as a residential care facility for the elderly. Under existing law, the State Department of Health Care Services and the State Department of Social Services may waive provisions of the California Residential Care Facilities for the Elderly Act applicable to residential care facilities participating in the program, as necessary and appropriate, including provisions that state that residential care facilities for the elderly are not subject to controls on rent. Existing law authorizes a Medi-Cal managed care plan to cover those community supports, as defined, approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services, including, among others, nursing facility transition or diversion to assisted living facilities, such as residential care facilities for the elderly.Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income payments made available pursuant to the federal Social Security Act. Under existing regulation, residential facilities for the elderly are prohibited from charging recipients of SSI payments more than a specific set rate for basic services.This bill would prohibit residential care facilities for the elderly from charging a resident who receives Medi-Cal reimbursed services through the above-described assisted living waiver or nursing facility transition or diversion to assisted living facilities through community supports covered by their Medi-Cal managed care plan a rate exceeding that charged to a resident who is a recipient of SSP. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1569.147 of the Health and Safety Code is amended to read:1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 433Introduced by Senator Wahab(Coauthor: Senator Allen)February 18, 2025 An act to amend Section 1569.147 of the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 433, as introduced, Wahab. Retirement care facilities for the elderly: assisted living waiver rental rate protection.Existing law, the California Residential Care Facilities for the Elderly Act, regulates residential care facilities for the elderly. A violation of the act is a crime.Existing law provides for the MediCal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to develop a program that requires a waiver of federal law to test the efficacy of providing an assisted living benefit to beneficiaries under the Medi-Cal program. The waiver requires that eligible participants are those who require a nursing facility level of care and wish to live in a residential care setting, such as a residential care facility for the elderly. Under existing law, the State Department of Health Care Services and the State Department of Social Services may waive provisions of the California Residential Care Facilities for the Elderly Act applicable to residential care facilities participating in the program, as necessary and appropriate, including provisions that state that residential care facilities for the elderly are not subject to controls on rent. Existing law authorizes a Medi-Cal managed care plan to cover those community supports, as defined, approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services, including, among others, nursing facility transition or diversion to assisted living facilities, such as residential care facilities for the elderly.Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income payments made available pursuant to the federal Social Security Act. Under existing regulation, residential facilities for the elderly are prohibited from charging recipients of SSI payments more than a specific set rate for basic services.This bill would prohibit residential care facilities for the elderly from charging a resident who receives Medi-Cal reimbursed services through the above-described assisted living waiver or nursing facility transition or diversion to assisted living facilities through community supports covered by their Medi-Cal managed care plan a rate exceeding that charged to a resident who is a recipient of SSP. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate April 01, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 01, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 433 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Wahab(Coauthor: Senator Allen)February 18, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Wahab(Coauthor: Senator Allen) | |
| 18 | 18 | February 18, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 1569.147 of the Health and Safety Code, relating to health and care facilities. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 433, as | |
| 26 | + | SB 433, as introduced, Wahab. Retirement care facilities for the elderly: assisted living waiver rental rate protection. | |
| 27 | 27 | ||
| 28 | - | Existing law, the California Residential Care Facilities for the Elderly Act, regulates residential care facilities for the elderly. A violation of the act is a crime.Existing law provides for the MediCal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to develop a program that requires a waiver of federal law to test the efficacy of providing an assisted living benefit to beneficiaries under the Medi-Cal program. The waiver requires that eligible participants are those who require a nursing facility level of care and wish to live in a residential care setting, such as a residential care facility for the elderly. Under existing law, the State Department of Health Care Services and the State Department of Social Services may waive provisions of the California Residential Care Facilities for the Elderly Act applicable to residential care facilities participating in the program, as necessary and appropriate, including provisions that state that residential care facilities for the elderly are not subject to controls on rent. Existing law authorizes a Medi-Cal managed care plan to cover those community supports, as defined, approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services, including, among others, nursing facility transition or diversion to assisted living facilities, such as residential care facilities for the elderly. | |
| 28 | + | Existing law, the California Residential Care Facilities for the Elderly Act, regulates residential care facilities for the elderly. A violation of the act is a crime.Existing law provides for the MediCal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to develop a program that requires a waiver of federal law to test the efficacy of providing an assisted living benefit to beneficiaries under the Medi-Cal program. The waiver requires that eligible participants are those who require a nursing facility level of care and wish to live in a residential care setting, such as a residential care facility for the elderly. Under existing law, the State Department of Health Care Services and the State Department of Social Services may waive provisions of the California Residential Care Facilities for the Elderly Act applicable to residential care facilities participating in the program, as necessary and appropriate, including provisions that state that residential care facilities for the elderly are not subject to controls on rent. Existing law authorizes a Medi-Cal managed care plan to cover those community supports, as defined, approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services, including, among others, nursing facility transition or diversion to assisted living facilities, such as residential care facilities for the elderly.Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income payments made available pursuant to the federal Social Security Act. Under existing regulation, residential facilities for the elderly are prohibited from charging recipients of SSI payments more than a specific set rate for basic services.This bill would prohibit residential care facilities for the elderly from charging a resident who receives Medi-Cal reimbursed services through the above-described assisted living waiver or nursing facility transition or diversion to assisted living facilities through community supports covered by their Medi-Cal managed care plan a rate exceeding that charged to a resident who is a recipient of SSP. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the California Residential Care Facilities for the Elderly Act, regulates residential care facilities for the elderly. A violation of the act is a crime. | |
| 31 | 31 | ||
| 32 | 32 | Existing law provides for the MediCal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to develop a program that requires a waiver of federal law to test the efficacy of providing an assisted living benefit to beneficiaries under the Medi-Cal program. The waiver requires that eligible participants are those who require a nursing facility level of care and wish to live in a residential care setting, such as a residential care facility for the elderly. Under existing law, the State Department of Health Care Services and the State Department of Social Services may waive provisions of the California Residential Care Facilities for the Elderly Act applicable to residential care facilities participating in the program, as necessary and appropriate, including provisions that state that residential care facilities for the elderly are not subject to controls on rent. | |
| 33 | 33 | ||
| 34 | 34 | Existing law authorizes a Medi-Cal managed care plan to cover those community supports, as defined, approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services, including, among others, nursing facility transition or diversion to assisted living facilities, such as residential care facilities for the elderly. | |
| 35 | 35 | ||
| 36 | - | This bill would authorize the State Department of Health Care Services and the State Department of Social Services to waive compliance with the prohibition on rent controls when determined necessary and appropriate in the context of the above-described program to test the efficacy of providing an assisted living benefit. | |
| 37 | - | ||
| 38 | - | Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing regulation, residential facilities for the elderly are prohibited from charging recipients of SSI payments more than a specific set rate for basic services. | |
| 36 | + | Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income payments made available pursuant to the federal Social Security Act. Under existing regulation, residential facilities for the elderly are prohibited from charging recipients of SSI payments more than a specific set rate for basic services. | |
| 39 | 37 | ||
| 40 | 38 | This bill would prohibit residential care facilities for the elderly from charging a resident who receives Medi-Cal reimbursed services through the above-described assisted living waiver or nursing facility transition or diversion to assisted living facilities through community supports covered by their Medi-Cal managed care plan a rate exceeding that charged to a resident who is a recipient of SSP. | |
| 41 | - | ||
| 42 | - | ||
| 43 | - | ||
| 44 | - | This bill would prohibit a residential care facility for the elderly that is contracted to receive Medi-Cal reimbursement for services provided to a resident enrolled in Medi-Cal from charging that resident a rate exceeding the difference between their income, as defined, and the personal and incidental needs amount set by the department for recipients of SSI/SSP in nonmedical out-of-home care. | |
| 45 | 39 | ||
| 46 | 40 | By creating a new crime, this bill would impose a state-mandated local program. | |
| 47 | 41 | ||
| 48 | 42 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 49 | 43 | ||
| 50 | 44 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 51 | 45 | ||
| 52 | 46 | ## Digest Key | |
| 53 | 47 | ||
| 54 | 48 | ## Bill Text | |
| 55 | 49 | ||
| 56 | - | The people of the State of California do enact as follows:SECTION 1. Section 1569.147 of the Health and Safety Code is amended to read:1569.147. (a) Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1)Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2)Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 1569.147 of the Health and Safety Code is amended to read:1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 57 | 51 | ||
| 58 | 52 | The people of the State of California do enact as follows: | |
| 59 | 53 | ||
| 60 | 54 | ## The people of the State of California do enact as follows: | |
| 61 | 55 | ||
| 62 | - | SECTION 1. Section 1569.147 of the Health and Safety Code is amended to read:1569.147. (a) Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1)Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2)Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 56 | + | SECTION 1. Section 1569.147 of the Health and Safety Code is amended to read:1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 63 | 57 | ||
| 64 | 58 | SECTION 1. Section 1569.147 of the Health and Safety Code is amended to read: | |
| 65 | 59 | ||
| 66 | 60 | ### SECTION 1. | |
| 67 | 61 | ||
| 68 | - | 1569.147. (a) Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1)Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2)Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 62 | + | 1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 69 | 63 | ||
| 70 | - | 1569.147. (a) Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1)Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2)Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 64 | + | 1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 71 | 65 | ||
| 72 | - | 1569.147. (a) Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1)Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2)Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 66 | + | 1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly.(b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.(c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following:(1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver.(2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 73 | 67 | ||
| 74 | 68 | ||
| 75 | 69 | ||
| 76 | - | 1569.147. (a) Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly. | |
| 70 | + | 1569.147. (a) Nothing in this chapter authorizes Except as otherwise provided in this section, this chapter does not authorize the imposition of rent regulations or controls for licensed residential care facilities for the elderly. | |
| 77 | 71 | ||
| 78 | 72 | (b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity. | |
| 79 | 73 | ||
| 80 | 74 | (c) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly shall not charge an individual resident a rate exceeding that charged to a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, pursuant to regulations when that resident is receiving one of the following: | |
| 81 | 75 | ||
| 82 | - | ||
| 83 | - | ||
| 84 | 76 | (1) Medi-Cal reimbursed services through the assisted living waiver described in Section 14132.26 of the Welfare and Institutions Code, or a comparable Medi-Cal waiver. | |
| 85 | 77 | ||
| 86 | - | ||
| 87 | - | ||
| 88 | 78 | (2) Nursing facility transition or diversion to assisted living facilities through community supports covered by the residents Medi-Cal managed care plan, as described in Section 14184.206 of the Welfare and Institutions Code. | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | (c) Subdivisions (a) and (b) may be waived by the State Department of Health Care Services and the State Department of Social Services when determined necessary and appropriate, as described in Section 14132.26 of the Welfare and Institutions Code. | |
| 93 | - | ||
| 94 | - | (d) Notwithstanding subdivisions (a) and (b), a licensed residential care facility for the elderly contracted to receive Medi-Cal reimbursement for services provided to a resident enrolled in Medi-Cal shall not charge that resident a rate exceeding the difference between the residents income and the personal and incidental needs amount set for a recipient of SSI/SSP in nonmedical out-of-home care, as established by the department pursuant to Section 13921 of the Welfare and Institutions Code. For the purposes of this section, the residents income is the income used by the Medi-Cal program for the purpose of determining eligibility for covered services. | |
| 95 | 79 | ||
| 96 | 80 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 97 | 81 | ||
| 98 | 82 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 99 | 83 | ||
| 100 | 84 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 101 | 85 | ||
| 102 | 86 | ### SEC. 2. |