BILL NUMBER: AB 2550	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 24, 2012

   An act to amend Section 9711 of, and to add Section 9712.5 to, the
Welfare and Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2550, as introduced, Carter. Office of the State Long-Term Care
Ombudsman.
   Existing law, as part of the Mello-Granlund Older Californians
Act, establishes the Office of the State Long-Term Care Ombudsman,
under the direction of the State Long-Term Care Ombudsman, in the
California Department of Aging. Existing law provides for the
Long-Term Care Ombudsman Program under which funds are allocated to
local ombudsman programs to assist elderly persons in long-term
health care facilities and residential care facilities by, among
other things, investigating and seeking to resolve complaints against
these facilities.
   This bill would require the State Long-Term Care Ombudsman to
perform enumerated duties to provide for the health, safety, welfare,
and rights of residents of long-term care facilities as described in
the federal Older Americans Act, including, among other things, the
duty to respond to complaints, as specified, to provide services and
information to residents to help protect their health, safety,
welfare, and rights, and to ensure timely access to the services
provided by the office.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 9711 of the Welfare and Institutions Code is
amended to read:
   9711.  (a) The office shall be under the direction of a chief
executive officer who shall be known as the State Long-Term Care
Ombudsman. The State Ombudsman shall be appointed by the director and
shall report directly to the director  , in a manner consistent
with Section 9712.5 and federal laws and regulations  . He or
she shall devote his or her entire time to the duties of his or her
position, and shall receive the salary otherwise provided by law.
   (b) Any vacancy occurring in the position of State Ombudsman shall
be filled in the same manner as the original appointment. Whenever
the State Ombudsman dies, resigns, becomes ineligible to serve for
any reason, or is removed from office, the director shall appoint an
acting State Ombudsman within 30 days, who shall serve until the
appointment and qualification of the State Ombudsman's successor, but
in no event longer than four months from the occurrence of the
vacancy. The acting State Ombudsman shall exercise during this period
all the powers and duties of the State Ombudsman pursuant to this
chapter.
  SEC. 2.  Section 9712.5 is added to the Welfare and Institutions
Code, to read:
   9712.5.  The State Ombudsman shall, personally or through
representatives of the office, perform all of the following duties:
   (a) Identify, investigate, and resolve complaints that are made
by, or on behalf of, residents of long-term care facilities that
relate to action, inaction, or decisions of providers, or
representatives of providers, of long-term care services, or health
and social service agencies, that may adversely affect the healthy,
safety, welfare, or rights of residents, including the welfare and
rights of the residents with respect to the appointment and
activities of conservators and representative payees.
   (b) Provide services to assist residents in the protection of
their health, safety, welfare, and rights.
   (c) Inform residents about means of obtaining the services
delivered by the providers or agencies described in subdivision (a)
or the services described in subdivision (b).
   (d) Ensure that residents have regular and timely access to the
services provided through the office, and that the residents and
complainants receive timely responses to their complaints from
representatives of the office.
   (e) Represent the interests of the residents before governmental
agencies and seek administrative, legal, and other remedies to
protect the health, safety, welfare, and rights of the residents.
   (f) Provide administrative and technical assistance to entities
designated as local Ombudsman programs, to assist the entities to
participate in the programs.
   (g) Analyze, comment on, and monitor the development and
implementation of federal, state, and local laws, regulations, and
other governmental policies and actions that pertain to the health,
safety, welfare, and rights of the residents, with respect to the
adequacy of long-term care facilities and services in the state.
   (h) Recommend any changes in the laws, regulations, policies, and
actions described in subdivision (g) as the office determines to be
appropriate.
   (i)Facilitate public comment on the laws, regulations, policies,
and actions described in subdivision (g).
   (j) Provide information that the office determines to be necessary
to public and private agencies, the Legislature, and other persons,
regarding the problems and concerns of residents, and provide
recommendations relating to resolving those problems and concerns.
   (k) Provide training for representatives of the office.
   (l) Promote the development of citizen organizations to
participate in the program.
   (m) Provide technical support for the development of resident and
family councils to protect the well-being and rights of residents.