CALA News & Views | Issue 48 | Impact

Influencing the Pandemic Exit

CALA’S ADVOCACY EXTENDS BEYOND LEGISLATION AND INCLUDES A RANGE OF PRESSING POLICY AND REGULATORY ISSUES THAT IMPACT MEMBERS’ ABILITY TO OPERATE EFFECTIVELY AND EFFICIENTLY, AND RESIDENTS’ ABILITY TO CONTINUE TO HAVE ACCESS TO SENIOR LIVING COMMUNITIES THAT REFLECT THEIR NEEDS AND PREFERENCES. HERE’S THE WORK CALA HAS BEEN DOING ON YOUR BEHALF. OPERATING ENVIRONMENT IMPROVING THE

With residents, staff and the viability of licensed residential care at the forefront, CALA fought for alignment with CDC guidance that treated RCFEs like the non-health care residential settings they are rather than health facilities. This meant aligning on an end to the broad mask and vaccine mandates. Ultimately successful, CALA’s advocacy helped residents who were increasingly frustrated and challenged by communicating and connecting with masked staff and visitors in their Assisted Living community. It provided relief for staff who had been wearing masks throughout their shifts for more than three years . This advocacy helped ease the major barrier to hiring that mandatory masking created and greatly improved communication and the overall residential living experience for older adults. Influencing Response to Future Emergencies CALA has been representing members on the California Department of Aging’s Long-Term Care Facility Access Policy Workgroup to make recommendations to the Legislature to ensure that older adults in licensed settings continue to have the right to in-person visits with loved ones during future states of emergency. The underlying premise in the search for balance is that safeguards that enable staff to interact with residents should apply to visitors. The final recommendations are not yet finalized but will be released soon. Impacting Environmental Fee Increases A dramatic and unannounced increase to an employer-based fee quickly got CALA involved with the Department of Toxic Substances Control to seek relief and avoid yet another fee increase. CALA learned earlier this year that the environmental fee that businesses that generate hazardous waste are required to pay, which broadly incorporates most employers unless they are nonprofit or do not meet the employee threshold, increased 221% and 220% for the two highest employee tiers in one year. support or opposition. Unfortunately for many businesses, no advance notice was provided other than a notice to pay. In addition to not communicating with employers regarding the fee increase, there was no gradual increase in the fees that instead jumped from $16,000 to $32,000 for employers with 500 to 999 employees and from $54,100 to $108,200 for employers with 1,000 or more employees. The Board of Environmental Safety has the authority to increase the fees every year after they were set by the initial trailer bill, and it was suggested that next year they raise the fee another 100% and extend the fee to businesses with 100 or more employees. CALA staff testified in support of the recommendation not to raise fees next year and followed up with written comments to the board emphasizing the need to hold off on immediate increases. This was the result of a trailer bill passed at the very end of the 2021 legislative session that happened so quickly there was no registered

Correcting the Plan of Correction Process

CALA secured statewide communication from DSS to all adult and senior care licensing staff to ensure that plans of correction are drafted by the licensee and not unilaterally imposed by the LPA. While this is the department’s official process, it was not being followed in a large number of instances. A provider-led plan of correction effort ensures the plan is comprehensive, specific to the situation and implementable, while providing for compliance. Thank you to CALA members who brought this issue to us.