BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 950|
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UNFINISHED BUSINESS
Bill No: SB 950
Author: Wiggins (D)
Amended: 6/29/10
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 4-0, 4/13/10
AYES: Denham, Correa, Negrete McLeod, Cedillo
NO VOTE RECORDED: Wyland, Vacancy, Vacancy
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 30-0, 5/10/10 (Consent)
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,
Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,
Simitian, Steinberg, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Corbett, Denham, Dutton, Harman, Liu,
Oropeza, Strickland, Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 78-0, 8/12/10 (Consent) - See last page
for vote
SUBJECT : Veterans homes: accounting for charges:
written
notification
CONTINUED
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SOURCE : Author
DIGEST : This bill requires the written notice given to a
resident of a California veterans home to also include the
terms and conditions upon which the member fees and costs
can be changed, and requires a signature of the veteran to
acknowledge that he/she has read and understands the
notice. This bill also requires the notice to be written
in plain, straightforward language, and to be posted in
each veterans' home.
Assembly Amendments require the administrator of each of
the veterans' homes to post the notice in a conspicuous
place titled "Notice to Residents" in large font.
ANALYSIS : Existing law establishes the veterans' homes
and requires certain procedures that properly notify
potential residents in writing by the administrator of any
costs that may be incurred "in excess of the member
contribution fee". (Section 1035.7 of the Military and
Veterans Code)
The notification is required to include the following:
1. "Explanation of circumstances under which the member may
incur costs".
2. "Specifically indicate that these excess costs of care
are costs in addition to, or above and beyond, the
member contribution fee".
3. Provide examples of "excess costs of care that are
frequently incurred by veterans".
4. Notify the would-be resident that a quarterly accounting
of the costs will be provided although the statement is
for information purposes only.
5. "Inform the veteran that, if he or she is a resident of
the home at the time of death, the home may disburse his
or her moneys or personal property for payment of
unreimbursed excess costs of care".
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6. Provide an advisory to the resident to seek legal
expertise on the protection of his/her assets.
This bill requires:
1. That terms and conditions for entry into veterans' homes
are written in plain language.
2. That potential residents must be notified of any terms
or conditions that may change fees and costs.
3. A signature from the veteran that he/she has read and
understands the notifications given.
4. A copy of the notification containing all the
information titled, in large font, "Notice to Residents"
to be conspicuously posted in each veterans' home by the
administrator of each home.
Comments
According to the Senate Veterans Affairs Committee
analysis, in the Fall of 2009, Medal of Honor winner
Alejandro Ruiz passed from this life at the California
Veterans' Home at Yountville. Shortly thereafter, a news
story developed when Mr. Ruiz's family was billed $262,500
for his four years at Yountville that was above and beyond
the $3,000 per month he was paying during his time as a
resident.
According to news reports, the family of Mr. Ruiz was
unaware of the sum required beyond the $3,000 per month.
Mr. Ruiz left the family $60,000.
As noted above, many requirements to inform California
veterans' home residents of their rights already exist in
current law.
However, there is no requirement in the code at the present
time to have the veteran or his/her family sign anything
acknowledging any understanding of the rules or how they
work.
Additionally, the proposed "plain, straightforward
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language" requirement seeks to better ensure the veteran or
the family knows what is being signed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Norby, Vacancy
TSM:mw 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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