BILL NUMBER: AB 2816	CHAPTERED  09/10/04

	CHAPTER  455
	FILED WITH SECRETARY OF STATE  SEPTEMBER 10, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 10, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	AMENDED IN SENATE  JULY 2, 2004
	AMENDED IN SENATE  JUNE 10, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004
	AMENDED IN ASSEMBLY  MAY 13, 2004
	AMENDED IN ASSEMBLY  APRIL 19, 2004

INTRODUCED BY   Assembly Member Daucher
   (Coauthor:  Assembly Member Berg)

                        FEBRUARY 20, 2004

   An act to add Section 9253.5 to the Welfare and Institutions Code,
relating to long-term care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2816, Daucher.  Long-term care.
   Existing law provides for licensing and certification of health
care facilities, provides for the adoption of standards for
accreditation of facilities, and provides for surveys of facilities
in the regulation of those facilities.
   This bill would require the California Health and Human Services
Agency to determine the appropriate single agency to provide
oversight of the waiver standards for adult day health care centers,
by March 1, 2005.
   Existing law establishes the Multipurpose Senior Services Program
(MSSP) to provide specified services to frail elderly individuals 65
years of age and older who are certifiable for placement in a nursing
facility, and requires the California Department of Aging to approve
and designate local program sites.
   This bill would require the State Department of Health Services to
determine a percentage of the number of oversight reviews it
conducts of MSSP utilization surveys that are conducted by the
California Department of Aging.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9253.5 is added to the Welfare and Institutions
Code, to read:
   9253.5.  (a) The Legislature finds and declares all of the
following:
   (1) Providers of long-term care programs, including, but not
limited to, programs of all-inclusive care for the elderly, skilled
nursing facilities, adult day care, adult day services, Alzheimer's
day care centers, and multipurpose senior services programs, are
regulated by numerous state and local agencies.
   (2) Overlapping and duplicative oversight of long-term care
programs often results in conflicting interpretations of statutes and
regulations.  Also, oversight by multiple agencies creates an
operational burden that ultimately deprives residents or clients of
valuable staff time.
   (3) The State Auditor has completed an audit investigation of the
duplicative overlapping regulatory oversight of long-term care
programs.
   (b) By March 1, 2005, the California Health and Human Services
Agency shall determine the appropriate single entity to provide
oversight of the waiver standards for adult day health care centers.

   (c) The State Department of Health Services shall determine a
percentage of the number of oversight reviews it conducts of the
Multipurpose Senior Services Program (MSSP) utilization surveys that
are conducted by the California Department of Aging.  The percentage
of surveys reviewed shall be sufficient to ensure effective
oversight, but small enough to avoid unnecessary duplication of
effort.