BILL ANALYSIS Ó
AB 557
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CONCURRENCE IN SENATE AMENDMENTS
AB 557 (Yamada)
As Amended June 20, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 13, 2013) |SENATE: |31-0 |(July 8, 2013) |
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Original Committee Reference: V.A.
SUMMARY : Changes the font size and some language in the
quarterly statements to residents of the Veterans Home.
Specifically, this bill :
1)Requires that the quarterly statements of all charges for the
costs of care rendered to the member in excess of the member
fee include language that if the veteran is a resident of the
home at the time of death, the home may use his or her money
or personal property that is in possession of the home or
outside the home for payment of unreimbursed costs of care.
2)Requires that the statements and notices relating to the
statements shall be in 14-point font size or larger.
The Senate amendments delete the requirement of Americans with
Disabilities Act compliance with regard to the font and font
size in favor of a requirement that the font used shall be
14-point or larger.
EXISTING LAW :
1)Requires a member of a veterans' home to pay fees and charges
as determined by the Department of Veterans Affairs (DVA).
2)Directs that upon admission to a California veterans' home,
the administrator of each home must provide written notice to
the veteran informing him or her of costs of care that may be
incurred in excess of the member contribution fee. The
notification must include various details about the costs and
fees of the home, and in particular what may happen if there
are unreimbursed costs of care at the time of the veteran's
death.
Among other things the notice tells the veteran:
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a) Residents will receive a quarterly accounting statement
of the total excess costs of care, but the statement is
provided for informational purposes only.
b) 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.
c) That the veteran is advised to seek counsel from a legal
expert to protect his or her assets.
d) The terms and conditions upon which the member fees and
costs can be changed.
e) That the veteran must sign the notification in
acknowledgement that he or she has read and understands it.
3)Requires the notification to be written in plain,
straightforward language, avoiding technical terms as much as
possible, and using a coherent and easily readable style. A
copy of the notification, containing all the information
specified above and titled in large font "NOTICE TO
RESIDENTS," must be conspicuously posted in each veterans home
by the administrator of the veterans home.
4)Requires the administrator of the home to provide each member
with a quarterly statement or accounting of all charges for
the costs of care rendered to the member in excess of the
member fee, as defined. The statement must include:
a) A statement that the charges for the excess costs of
care are provided to the member for informational purposes
only.
b) A statement that, if the veteran is a resident of the
home at the time of death, the home may use his or her
money or personal property that is in possession of the
home for payment of unreimbursed excess costs of care.
c) A statement that advises the member to seek counsel from
a legal expert to protect his or her assets.
5)Allows the DVA to recover costs from the estate of the veteran
for payment of funeral expenses or any obligation owed to the
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home, including the cost of any care rendered by the home in
excess of the fees paid by the veteran to the home. Any funds
of the deceased veteran representing the cost of care rendered
by the home in excess of the fees paid by the veteran to the
home shall be paid to the Morale, Welfare, and Recreation Fund
for the veteran home where the deceased veteran formerly
resided. This subdivision applies only to veterans becoming
members of the home on or after January 1, 1984.
FISCAL EFFECT : The Assembly Appropriations Committee, found the
Assembly version of this bill to have, "negligible state cost."
The Senate Appropriations Committee did not hear this bill
pursuant to Senate Rule 28.8, so there is no fiscal analysis
from the Senate.
COMMENTS : This bill makes minor changes to existing law and
policy. The bill adds language warning the home member that
recovery of excess cost of care can be from the member's
personal property wherever it is located and adds a requirement
that the language be in a larger than average font (Anecdotally,
most printed material not intended as posters or advertisements
are in 12-point font or smaller) to call attention to the
message. The Senate amendments are only a minor formatting
change to the notices affected by this bill and do not alter the
policy of the bill as it left the Assembly.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
FN:
0001487