The Community Care Licensing Division released PIN 24-08-ASC detailing the legislation chaptered in 2024 that affects licensed Adult and Senior Care Facilities. The changes to the statutes will operate starting on January 1, 2025. 

The following bills addressed in the PIN are:

1. Assembly Bill (AB) 2866 (Pellerin), Chapter 475, Statutes of 2024

Pool Safety: State Department of Social Services regulated facilities

AB 2866 amended Section 115922 of, to add Section 1596.814 to, and to repeal and add Section 115926 of, the Health and Safety Code, relating to pool safety. In this amendment, HSC 115922 now applies to CDSS licensed facilities, including adult and senior care facilities, operating in private, single-family homes.

HSC 115922 states that building permits issued after January 1, 2025 for the construction or remodeling of a swimming pool or spa at a private single-family home shall be equipped with at least two of the seven drowning prevention safety features. The seven drowning prevention safety features are the following: 

• An enclosure that complies with HSC section 115923 and isolates the swimming pool or spa from the home. 

• Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards, paired with a self-closing and self-latching gate that can accommodate a key lock. 

• An approved safety pool cover, as defined in subdivision (d) of HSC section 115921. 

• Exit alarms on the home’s doors and windows leading directly to the swimming pool or spa that either sound an alarm or provide a verbal warning, such as a repeating notification that “the door to the pool is open.” 

• A self-closing, self-latching device with a release mechanism placed at least 54 inches above the floor on the home’s doors leading to the swimming pool or spa.

• An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. It must meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” as specified.

• Other means of protection, if they provide equal or greater safety than the above features and are independently verified by an approved testing laboratory as meeting the ASTM or the American Society of Mechanical Engineers (ASME).

2. Senate Bill (SB) 1352 (Wahab) Chapter 338, Statutes of 2024

Continuing Care Retirement Communities: Resident Rights

CCRCs should give residents a clear understanding of their rights at different stages, including when moving between different levels of care or signing contracts. They are now required by law to provide you a copy of your rights in different stages. 

3. Senate Bill (SB) 1406 (Allen), Chapter 340, Statutes of 2024

New Personal Right in Privately Operated Facilities

Residents in privately operated RCFEs are granted the personal right to request, refuse, or discontinue a service. Licensees are required to personally advise and give you or your representative a copy of the applicable personal rights. This will be signed and included in the facility record.

Updated Timeframe for Rate Increase Notices

The required timeframe for providing written notice of increasing rates of fees, or increasing any of its rate structures for services, to residents or their representatives was amended from no less than 60 days to no less than 90 days. The notice should include the amount of increase, the reason for the increase, and description of the additional costs, except if the increase in rate is due to a change in the level of care of the resident. 

The guidelines for the required timeframes for rate increase are:

• Through December 31, 2024, a licensee must provide no less than 60 days written notice for rate increases. This 60 day timeframe remains valid until January 1, 2025, even if the rate increase is set to occur in 2025. 

• On and after January 1, 2025, a licensee must provide no less than 90 days written notice for rate increases.

This should not apply to licensees of RCFEs that have obtained a certificate of authority to offer continuing care contracts, as specified. 

To read more about the chaptered legislation:

• Assembly Bill (AB) 2866: Pool safety: State Department of Social Services regulated facilities

• Senate Bill (SB) 1352: Continuing care retirement communities

• SB 1406: Residential care facilities for the elderly: resident services 

To read the full copy of PIN 24-08-ASC, click here.