BILL ANALYSIS Ó SB 345 Page 1 SENATE THIRD READING SB 345 (Wolk) As Amended August 21, 2012 Majority vote SENATE VOTE : 26-9 AGING 6-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Yamada, Halderman, Pan, |Ayes:|Fuentes, Harkey, | | |V. Manuel Pérez, Torres, | |Blumenfield, Bradford, | | |Wagner | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | ----------------------------------------------------------------- SUMMARY : Conforms various provisions of the codes authorizing the Office of State Long-Term Care Ombudsman (OSLTCO) to federal statutes. Specifically, this bill : 1)Adds legislative findings and declarations and conforms existing codes with regard to the OSLTCO and the State Long-Term Care Ombudsman's (SLTCO) roles and responsibilities, to federal law. 2)Establishes recruitment guidelines when the position of SLTCO becomes vacant to assure the SLTCO has experience and expertise in the fields of long-term care and advocacy. 3)Requires, rather than authorizes, the OSLTCO to hire legal representation in the event the Attorney General is unavailable, for litigation related to the affairs of the office. 4)Shifts from the California Department of Aging (CDA) to the OSLTCO, responsibility for the development of a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in long-term care facilities. 5)Requires the SLTCO to report to the Legislature and local long-term care ombudsman programs annually on prospective advocacy plans. SB 345 Page 2 6)Requires the OSLTCO to maintain a Web site within the CDA's Web site, and that the Web site be consumer driven and include various long-term care related information, and requires the OSLTCO to staff the 24-hour, long-term care ombudsman hotline. 7)Requires the CDA and other departments and programs involved in regulating, monitoring, or serving long-term care facility residents to cooperate with the OSLTCO to address concerns and questions about care, quality of life, safety of long-term care facility residents. 8)Allows the OSLTC to advise the public of long-term care facility inspection reports, deficiencies, and plans of correction; promote visitation programs, establish and assist in the development of resident, family, and friends' councils, and present community education programs. EXISTING LAW : 1)Establishes the Long-Term Care Ombudsman program as a result of the federal Older Americans Act (OAA) and places it within the CDA in order to encourage community contact and involvement with elderly patients or residents of long-term care facilities or residential facilities through the use of volunteers and volunteer programs. Federal law generally prohibits ombudsman from making a disclosure of personal information pertaining to an ombudsman program client, unless the client provides written consent. 2)Allocates funds 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. 3)Provides for the appointment of a SLTCO by the Governor, and specifies requirements of the person filling that position. 4)Requires the CDA to establish an 11-member advisory council for the SLTCO to provide advice and consultation on issues affecting the provision of ombudsman services. FISCAL EFFECT : According to the Assembly Appropriations Committee: SB 345 Page 3 1)Minor costs, not likely to exceed $50,000 annually, may be incurred by the OSLTCO to comply with certain new requirements of this bill that are not required by federal law, including maintenance of an Internet Web site, preparation of an annual advocacy report, requirement to hire outside counsel in the case of a conflict of interest generated by representation by the Attorney General, and reconstitution of an advisory council. These costs are expected to be absorbable within existing federal fund resources. 2)The SLTCO indicates many other listed duties that conform to federal law are currently being performed by the office and will not result in increased costs. COMMENTS : The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in long-term care facilities. There are about 1,000 volunteers providing about 150,000 hours of unpaid advocacy and support to long-term care residents. This bill is intended to, among other things; insulate the OSLTCO from other state department's interference, and to assure future appointees to the position of SLTCO have qualifications consistent with the demands of the office. Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. / (916) 319-3990 FN: 0005231