BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 529
S
AUTHOR: Correa
B
VERSION: January 4, 2012
HEARING DATE: January 10, 2012
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FISCAL: Appropriations
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CONSULTANT: Sara Rogers
SUBJECT
Seniors: community-based services: long-term care strategic
plan
SUMMARY
Requires the California Department of Aging (CDA) in
consultation with the California Commission on Aging
(CCoA), the area agencies on aging (AAA) and the Office of
the State Long-Term Care Ombudsman to develop a long-term
care strategic plan to provide guidance for community based
programs that serve seniors. This bill would require the
department to submit the plan to the Legislature by July 1,
2013.
ABSTRACT
Current Law
1. Through federal law, enacts the Older Americans Act
of 1965, administered at the state level by CDA which
contracts with a network of 33 Area Agencies on Aging
intended to coordinate and directly manage various
state and federal services for older Californians.
2. Enacts the Mello-Granlund Older Californians Act
Continued---
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establishing the CDA, appointing it with various
duties, including the development of the federally
mandated State Plan on Aging.
3. Enacts the Burton Act of 1973 establishing the
California Commission on Aging consisting of 25
volunteer commissioners appointed to three-year terms
by the Governor (19 positions), the Speaker of the
Assembly (3 positions), and the Senate Rules Committee
(3 positions). Further establishes legislative intent
that the CCoA be the coordinating agency of all
programs for the aging in this state, except those
programs designated elsewhere by the Governor or
Legislature.
4. Establishes the Olmstead Advisory Committee in
response to the U.S. Supreme Court's Olmstead v. L.C.
decision which determined that states are obliged by
the Americans with Disabilities Act (ADA) to provide
community-based services for persons with disabilities
who would otherwise be entitled to institutional
services. A responsibility of the Committee is to
develop a state Olmstead Plan prescribing actions the
state may take in order to comply with the Olmstead
decision.
5. Enacts various institutional and community based
programs and services for older Californians
administered by various state agencies, including In
Home Supportive Services under the Department of
Social Services, Multipurpose Senior Services Program
under CDA, Medi-Cal and numerous Medicaid waiver
programs under the Department of Health Care Services
(DHCS), Adult Protective Services under both the
Department of Social Services and CDA, Linkages
administered by CDA, nutrition services under CDA and
the AAA's, Caregiver Resource Centers under the
Department of Mental Health and others.
6. Requires the California Health and Human Services
Agency (CHHS) to prepare a Long Range Strategic Plan
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on Aging by July of 2003, and consult or seek the
advice of CCoA in the development of this strategic
plan. Existing statute provided an appropriation to
the University of California to undertake a survey of
existing resources and gaps in California's long term
care system and to establish a longitudinal database
to inform the report. As mandated, CHHS prepared a
258-page report in 2003 entitled "Strategic Plan for
An Aging California Population."
This bill
1. Requires the California Department of Aging in
consultation with the California Commission on Aging,
the area agencies on aging and the Office of the State
Long-Term Care Ombudsman to develop a long-term care
strategic plan to provide guidance for community based
programs that serve seniors. This bill would require
the department to submit the plan to the Legislature
by July 1, 2013.
2. Requires the strategic plan address the following:
a. Goals for the state's long-term care
system, and statutory and program changes
required to meet those goals including the
establishment of a community based pilot project.
b. Selection of a single agency to manage
the process of guiding future decisions regarding
long-term care including appropriate staffing and
timelines.
c. Services and supports enabling
individuals with advanced age or disabilities to
remain in their communities avoiding unnecessary
institutionalization.
d. Identification of short term, medium
range and long term programs recommended in the
November 2009 final report "Home and
Community-Based Long-Term Care: Recommendations
to Improve Access for Californians" prepared for
CHHS and California Community Choices.
e. The feasibility of enacting a bond
measure to provide limited term funding to
restore programs that have faced budget
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reductions but provide a foundation for long-term
care cost savings.
f. Makes requirement inoperative on January
1, 2017, pursuant to Section 10231.5 of the
Government code.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, the purpose of SB 529 is to make
long-term care more efficient through appropriate planning
and coordination of services. The California Senior
Legislature argues that long range planning and
coordination of service is needed now more than ever.
The author points to a November 2009 report published by
the California Community Choices Advisory Committee
entitled, "Home and Community-Based Long-Term Care:
Recommendations to Improve Access for California," stating
the report found that California lacks a long-term care
strategic plan that sets priorities for services.
California Department of Aging State Plan
Federal law requires the California Department of Aging to
submit a State Plan to the federal Administration on Aging
(AoA), which approves the plan as a condition of releasing
federal funds (matched with state and local funds) to the
State of California to administer the State Plan. The
State Plan is required to include California's goals and
objectives for the planning period, statewide program
objectives to comply with the Older Americans Act, a
resource allocation plan for disbursing Title III federal
funds, and other information. California's plan goes
beyond the federally required information to additionally
address key socio-demographic factors that will shape
funding needs; priorities, unmet needs and promising
practices identified by CDA and the Area Agencies on Aging
(AAA); and the Department's objectives in working with the
AAAs and others to provide cost-effective, high quality
services to California's older adults, adults with
disabilities, and their caregivers.
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Olmstead Plan
Pursuant to the U.S. Supreme Court's Olmstead v. L.C.
decision which determined that states are obligated under
the Americans with Disabilities Act (ADA) to provide
community-based services for persons with disabilities who
would otherwise be entitled to institutional services, the
California legislature passed AB 442 (Statutes of 2002)
requiring the California Health and Human Services Agency
to develop a report prescribing actions the state may take
in order to comply with the Olmstead decision. California's
plan includes recommendations for system change and
improvement. The plan was informed by more than 73
stakeholder groups which participated in 38 meetings held
between September 2002 and January 2003. In May of 2003,
the California Health and Human Services Agency published,
"California Olmstead Plan." The document emphasizes the
importance of regularly updating the plan.
Strategic Plan for an Aging California Population
SB 910 (Statutes of 1999) required the California Health
and Human Services Agency to prepare a Long Range Strategic
Plan on Aging by July of 2003 and to consult with the CCoA
in its development. The legislation appropriated funding
to the University of California to support the plan
development by providing information and analysis. Over an
eleven-month period, the Plan Development Task Team and
other experts developed 589 policy and action
recommendations listed in a 258 page report in 2003
entitled "Strategic Plan for An Aging California
Population."
California Community Choices Advisory Committee report
The California Community Choices project is a five-year
grant funded by the Centers for Medicare and Medicaid
Services to support the development of home and
community-based long-term care services through the
establishment of Aging and Disability Resource Connection
(ADRC) programs, in coordination with CDA. This project
also included a financing study published in November of
2009 entitled "Home and Community-Based Long-Term Care:
Recommendations to Improve Access for California" which
examined the laws, regulations, policies and payment
methodologies related to long-term care financing in
California. Among other findings, the report recommends
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that California develop a strategic plan that describes
priority populations, and describes the mission, values and
goals for its long-term living services and supports
program.
Related/prior legislation
SB 910, (Statutes of 1999, Chapter 948) required, among
other things, that the California Health and Human Services
Agency (HHSA) prepare a Long Range Strategic Plan on Aging
by July of 2003, and consult or seek the advice of CCoA in
the development of this strategic plan.
AB 442, (Statutes of 2002, Chapter 1162) required the
California Health and Human Services Agency to develop a
comprehensive plan describing the actions which California
can take to improve its long term care system so that its
residents have available an array of community care options
that allow them to avoid unnecessary institutionalization
pursuant to the Olmstead U.S. Supreme Court decision.
COMMENTS AND QUESTIONS
Duplicative mandate. Previous statutes have required the
California Health and Human Services Agency to prepare a
long-term strategic plan on Aging as well as a plan to meet
Olmstead requirements, both of which have been fulfilled.
Additionally, federal law requires a State Plan on Aging as
a condition of receipt of federal funds. Would the author
consider amending the bill to request for an update of
previously published plans?
POSITIONS
Support: California Senior Legislature (sponsor)
Oppose: None received
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