Assemblywomen seek more oversight of assisted living facilities

Assembly Speaker-elect Karen Bass recalls scrambling to find a home for her late uncle, Thomas Duckett, after his rent was "unexpectedly jacked up" at the assisted living facility where he lived near Los Angeles.

Assemblywoman Lois Wolk says the facility in Davis where her late mother-in-law, Gertrude Cartino, was living lost power for two days after a storm.

Driven in part by their personal experiences, the two Democratic lawmakers have joined a coalition of seniors, caregivers and the Service Employees International Union, in calling for increased regulation of the fast-growing assisted living industry. The group calls itself the Campaign to Improve Assisted Living.

About 150,000 Californians live in the state's estimated 7,000 long-term residences for elderly or disabled people who are generally able to get around on their own but need some help.

With the number of Californians 65 years and older projected to climb to 12.5 million by 2040, such facilities – considered less costly than nursing homes and home health care – are expected to multiply.

"Assisted living is relatively new phenomenon – and while it's a good concept, there's always going to be bottom feeders who exploit the elderly," Bass, D-Los Angeles, said during a recent news conference outside the Capitol.

Annual rents are increasing 4 percent to 5 percent at most assisted living facilities, but coalition officials say they are rising by up to 11 percent at facilities run by Atria Senior Living.

The privately held Kentucky-based corporation is owned by a private equity fund affiliated with Lazard Ltd., a Wall Street investment firm. It runs 28 facilities in California, including Covell Gardens in Davis, where Wolk's mother-in-law lived.

Beth Bryant, a spokeswoman for Atria, said the company is still reviewing the proposed legislation.

"But we look forward to working with legislators to do our part to provide California seniors with high-quality senior housing and care options that provide value for their money," Bryant said in a prepared statement.

Bass said rents at some assisted living facilities in California are rising at more than twice the national average.

"Many times these residents are not aware that these rate increases will be this high until it happens," she said.

Bass' Assembly Bill 2370 would require all facilities to disclose their average rent hike for the previous three years in order to help prospective tenants make informed decisions.

Wolk's AB 2101 would provide procedures for residents to appeal those increases. The measure also would require some facilities to prepare written plans to deal with emergencies like the one that left the Davis Democrat's mother-in-law in the dark.

"We're going to focus a lot of attention on these kind of needs – and they are growing," said Wolk, whose bill is set for its first hearing Tuesday in the Assembly Human Services Committee.

Democrats' push to increase scrutiny of assisted living facilities comes as Republican Gov. Arnold Schwarzenegger proposes to reduce inspections because of the state's projected $8 billion budget deficit.

Shirley Washington, a spokeswoman for the Department of Social Services, said random inspections would be conducted every seven years instead of the current three-year cycle, but the department would continue to inspect facilities with the most serious violations annually.

"That's not acceptable," said Gary Passmore, executive director of the Congress of California Seniors. "Right now, we have about the worst record in the country."

Ruth Kletzing, past president of the Older Women's League of Sacramento, said because many assisted living facilities are privately run, "city governments can't do much more than question these rent increases."

"Most seniors are on fixed incomes and not exactly in position where they can go out and work," Kletzing said. "This leaves them few choices."

Barbara Turner, 88, said a rent increase of 8 1/4 percent at the Atria facility in Walnut Creek where she lives has forced several residents to move.

"It's something I may have to consider when my savings – of which there are not much – run out," said Turner, adding that 100 facility residents signed a petition protesting the increase.

Corporate officials, she said, responded by saying Atria was "dedicated to providing excellent service" and planned to spend $11 million upgrading the facility.

"It's very nice as is," Turner said, "and a thorough, professional cleaning of the carpet would be fine and wouldn't cost $11 million."

Joan Lee, legislative liaison for Gray Panthers California, a senior advocacy group, said, "These people are really bowled over by these rent increases."

"Most don't have the physical capacity to live totally independent any more," Lee said. "They thought they were going to be living in a protected environment, and now that's being degraded."

Bass said her uncle suffered from dementia and couldn't be left alone "because he might turn on the stove and forget."

When his rent was unexpectedly increased, Bass said, family members had to hurriedly find another facility. He died last year at age 88.

The speaker-elect said more people are likely to find themselves in a similar predicament as they age.

"Given how we expect the number of seniors to increase," Bass said, "we can imagine this situation getting a whole lot worse unless it's regulated."

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