BILL ANALYSIS
AB 935
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Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON HEALTH
Dave Jones, Chair
AB 935 (Feuer and Jones) - As Amended: April 16, 2009
SUBJECT : Long-term health care facilities.
SUMMARY : Requires at least half of the funds in existing
federal and state citation penalty accounts to be used to
restore funding for local long-term care ombudsman programs.
Specifically, this bill :
1)Requires that at least half of the funds in the State Health
Facilities Citation Penalties Account (State Account) and the
Federal Health Facilities Citation Penalties Account (Federal
Account) be used to fund local ombudsman programs.
2)Requires that remaining funds in the accounts not used in
accordance with 1) above be used in accordance with state and
federal law for the protection of health or property of
residents of long-term health care facilities.
EXISTING LAW :
1)Authorizes the California State Long-Term Care Ombudsman
Program (LTC Ombudsman) by the federal Older Americans Act and
its State companion, the Older Californians Act, to
investigate and endeavor to resolve complaints made by, or on
behalf of, individual residents in long-term care facilities.
2)Establishes the State Account into which monies derived from
civil penalties levied against long-term care facilities for
violations of state law are deposited.
3)Establishes the Federal Account, into which monies derived
from civil penalties levied against long-term care facilities
for violations of federal law are deposited.
FISCAL EFFECT : This bill has not yet been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, in September
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of 2008, the Governor, through a line item veto, eliminated
all state funding for the LTC Ombudsman, approximately $3.8
million, which represented about half of the local program
funding. According to the author, as of January 5, 2009, more
than 80 staff ombudsman positions have been eliminated due to
the state funding cuts. The author maintains that the funding
cuts are causing a devastating impact on long-term care
ombudsman programs throughout California and are greatly
compromising their capacity to investigate complaints, monitor
facilities, and advocate on behalf of long-term care facility
residents, putting the most vulnerable segment of our
population at greater risk of abuse and neglect.
2)BACKGROUND . According to the California Department of Aging's
(CDA's) Web site, since its inception over thirty years ago,
the primary responsibility of the LTC Ombudsman Program is to
investigate and endeavor to resolve complaints made by, or on
behalf of, individual residents in long-term care facilities.
These facilities include nursing homes, residential care
facilities for the elderly, and assisted-living facilities.
The LTC Ombudsman also investigates elder abuse complaints in
long-term care facilities and in residential care facilities
for the elderly.
The LTC Ombudsman Program is administered by CDA and is a
community-supported program that extensively utilizes
volunteers. The paid staff of 35 local LTC Ombudsman Program
Coordinators are responsible for recruiting, training, and
supervising nearly 1,200 volunteer state-certified ombudsman
representatives. The LTC Ombudsman Program's goal to advocate
for the rights of all residents of long-term care facilities
takes two forms: a) To receive and resolve individual
complaints and issues by, or on behalf of, these residents;
and, b) To pursue resident advocacy in the long-term care
system, its laws, policies, regulations, and administration
through public education and consensus building. Residents or
their family members can file a complaint directly with the
LTC Ombudsman or by calling the state administered CRISISline.
All long-term care facilities are required to post, in a
conspicuous location, the phone number for the local ombudsman
office and the toll-free Statewide CRISISline number. The
CRISISline is available 24 hours a day, 7 days a week to take
calls and refer complaints from residents.
3)RELATED LEGISLATION . This bill is part of a two-bill package
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intended to provide funding for the LTC Ombudsman Program. AB
392 (Feuer), now before the Assembly Appropriations Committee,
appropriates $1.6 million to support the ombudsman program for
the 2009-10 Fiscal Year. This bill authorizes the future use
of both penalty accounts to support the ombudsman program.
4)PENALTY ACCOUNTS . According to the Department of Public
Health (DPH), current state law provides DPH authority to
deposit moneys collected as a result of state and federal
civil penalties imposed against health facilities for
non-compliance with state and federal laws into two accounts:
the State Account and the Federal Account. Monies from these
accounts are to be used, upon appropriation by the
Legislature, in accordance with state and federal law for the
protection of health or property of residents of long-term
health care facilities, including, but not limited to the
following: a) Relocation expenses incurred by the state, in
the event of a facility closure; b) Maintenance of facility
operation pending correction of deficiencies or closure, such
as temporary management or receivership; c) Reimbursing
residents for personal funds lost; and, d) Costs associated
with informational meetings required under existing law.
There is a $10 million cap on the allowable fund balance for the
State Account. There is no cap on the fund balance for the
Federal Account.
5)SUPPORT . According to the Alliance on Aging, supporters of
this bill, last year's $3.8 million state budget cut to
California's local ombudsman programs severely compromised the
LTC Ombudsman Program's ability to provide services and has
put long-term care residents at risk of abuse and neglect.
Numerous individuals, including former volunteer ombudsmen and
family members of residents of long-term care facilities,
state that often residents and their families are hesitant to
make complaints to the appropriate regulatory agency fearing
retaliation by the facility staff. Supporters further state
that residents depend on ombudsmen to provide a voice for them
when their rights have been violated. The Alzheimer's
Association maintains that an ombudsman's presence, advocacy,
and intervention are crucial to the safety and well-being of
facility residents.
REGISTERED SUPPORT / OPPOSITION :
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Support
Alliance on Aging
Alzheimer's Association
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
California Long Term Care Ombudsman Association
City of Capitola
Human Services Department, Sonoma County
Imperial County Public Administrator
Institute on Aging
Ombudsman Program, Monterey
Ombudsman Program, Napa
Ombudsman Program, San Luis Obispo County
Ombudsman Program, San Mateo County
Patient's Rights Advocate, Santa Cruz
San Francisco Gray Panthers
Senior Advocacy Services
Volunteer Center of Riverside County
81 individuals
Opposition
None on file.
Analysis Prepared by : John Miller / HEALTH / (916) 319-2097