following is the latest from Community Care Licensing. This is from the
quarterly updates at the following link:
http://ccld.ca.gov/res/pdf/ASCspring2012.pdf
PRIVATELY PAID PERSONAL ASSISTANTS
An RCFE licensee cannot require a resident to hire a 24-hour caregiver.
Under Health & Safety Code section 1569.312, a RCFE must provide basic
services, which by definition include assistance with activities of daily
living. Regulation sections 87464(f) - Basic Services and 87608(a) - Personal
Assistance and Care describe these services that required to be provided by
the licensee to meet the needs of residents such as safe and healthful living
accommodations; personal assistance and care; observation and supervision;
planned activities; food service; and arrangements for obtaining incidental
medical and dental care. The licensee cannot delegate these services.
The services of privately paid personal assistants do not relieve the licensee
of the responsibility to meet all licensing statutory and regulatory
requirements. The licensee must ensure that there is always sufficient staff
to meet the resident’s needs, and that staff are aware of the resident’s
current overall health and safety needs.
Adult and Senior Care Update – Spring 2012 Page 4
Privately paid personal assistants may only provide services other than those
the licensee is required to provide. The assistants can provide companionship,
or additional baths beyond what the licensee is required to provide. They
cannot assist the resident with care relating to any incidental medical
services described under regulation sections 87605 through 87631. Some of
those services include postural supports, oxygen administration,
colostomy/ileostomy care, catheter care and injections.
The RCFE statutes and regulations do not prohibit RCFE residents from hiring
private paid personal assistants and do not require a private paid personal
assistant to be an employee of a RCFE. In addition, licensees are not
prohibited from requiring in their admission agreement that residents hire
only employees of the licensee. Private paid personal assistants must,
however, have a criminal record clearance or exemption, and can only provide
specified services to the resident.
