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Bill

Bill

AB 508

Revises various provisions relating to state financial administration. (BDR 31-930)

2025 Regular Session

Requires residential care facilities for the elderly to calculate, record, disclose, and publicly post a daily direct care ratio of staff hours per resident.

(No further action taken.)
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Bill Summary · AB 508

AB 508 (Aguiar-Curry) — Summary: Residential care facilities for the elderly — direct care ratios

Status and timeline
- Introduced: February 10, 2025; read first time Feb 10; printer Feb 11.
- Committee actions: Referred to Assembly Aging & Long-Term Care (Mar 28); amended and re‑referred to Assembly Appropriations (Apr 23–24); set on Appropriations suspense file (May 7); held under submission in committee (May 23, 2025).
- Current status: In committee — held under submission.

Purpose / intent
- Increase transparency about staffing levels in residential care facilities for the elderly (RCFEs) by requiring facilities to calculate, record, disclose, and publicly post a daily “direct care ratio,” so residents, representatives, regulators and the public can assess daily staffing relative to resident census.

Key provisions
- New Health & Safety Code §1569.375 (adds to RCFE law).
- Daily calculation and recordkeeping:
- Each RCFE must calculate a “direct care ratio” daily and retain records of daily ratios for at least 12 months.
- Definition: direct care ratio = (hours worked by direct care staff on a specific day) ÷ (number of residents who received care that day).
- “Direct care staff” = licensee or employees who provide direct care (including assistance with activities of daily living) who meet or are exempt from training in §1569.625.
- Disclosure to residents / representatives:
- On admission: upon request, the facility must provide the ratio for any day within the prior 12 months.
- At any rate increase (including inflation or care‑need changes): facility must disclose the average direct care ratio for the 60 days prior to the rate increase effective date.
- Disclosures must be in writing, include a statement that ratios are calculated daily and available for any day within the prior 12 months, and be signed/dated by the resident or representative to confirm receipt. If signature cannot be obtained, the licensee or an employee must sign, identify themselves and date; copies must be provided to the resident/representative.
- Public availability and posting:
- Facilities must make direct care ratios available to the public by: posting the daily ratio on the facility website; providing verbal response within 24 hours (including by phone); or written response within two business days (email allowed with consent; a photo of the requested ratio in email satisfies requirement).
- Facility websites and any advertising literature must state that ratios are calculated daily, are available for any day within the prior 12 months on request, and are disclosed at the admission/rate‑increase points above.
- Facilities must post the daily direct care ratio in locations visible to all residents (e.g., lunchroom or lobby) to support resident councils in advocacy.
- Compliance and fiscal note:
- The bill’s changes expand the definition of an existing crime (by adding obligations), creating a state‑mandated local program.
- The bill states no state reimbursement is required under Article XIII B, Section 6, because costs arise solely from creating or changing the definition/penalty of a crime or infraction.

Who is affected
- Primary: RCFEs (licensees and their employees) — new daily tracking, disclosure, posting and recordkeeping duties.
- Secondary: current and prospective RCFE residents and their representatives — greater access to facility staffing information; resident councils (advocacy).
- State/local regulators and the public — increased transparency and potential basis for oversight or consumer decision‑making.

Potential impacts
- Transparency: Makes daily staffing data accessible to residents, families and the public, potentially informing consumer choice and resident advocacy.
- Administrative burden: Facilities will incur recordkeeping, disclosure, website/update, and posting responsibilities (daily calculation and responding to requests).
- Legal/compliance risk: Noncompliance could carry criminal or regulatory consequences because duties are added to RCFE law.
- Market/operational effects: Public visibility of staffing levels may affect reputation, admissions, or business practices.

Compiled from official sources — confirm details with the bill’s official record.

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