SACRAMENTO – A bill by Assemblymember Wesley Chesbro (D-North Coast) to safeguard against assisted living communities continuing to charge after a resident dies won unanimous, bipartisan approval from the Assembly’s Health & Human Services Committee Tuesday, without opposition.
Residential Care Facilities for the Elderly, or RCFEs, are currently allowed to write 30-day cancellation notice requirements into their care agreements. Under current law, RCFEs can enforce this 30-day notice, even after a resident dies. Chesbro’s AB 1142 would clarify the law, requiring RCFEs to stop charging after a resident dies.
“Families who have suffered a loss of an elderly loved one shouldn’t be forced to pay for care for a month afterwards,” Chesbro said. “This clarification of the law will give seniors more peace of mind when they enter assisted living communities.”
At Tuesday’s committee hearing, Chesbro also praised the California Assisted Living Association (CALA) for sponsoring the bill.
“This is a good example of an industry coming forward and taking responsibility and I applaud them for it,” Chesbro said.
AB 1142 would:
- Prohibit enforcement of any 30-day cancellation requirement after a resident has passed away.
- Ensure that all fees for resident care end immediately once the community is notified of a resident’s death.
- Require that residency fees are no longer charged after a deceased resident’s personal property has been removed.
“CALA believes that attempts to enforce a 30-day residency cancellation agreement after a resident has passed away are inappropriate and should be prohibited,” said Sally Michael, CALA’s president.
The Health and Human Services Committee voted 6-0 to move AB 1142, which next goes to the Assembly Appropriations Committee for consideration.
AB 1142 enjoys bipartisan support. The bill’s coauthors are Assemblymembers Linda Halderman (R-Fresno) and Bonnie Lowenthal (D-Long Beach) and Sen. Mark Leno (D-San Francisco).
Contact: Andrew Bird, Chesbro communications director, (916) 319-2001
