BILL ANALYSIS Ó
AB 663
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ASSEMBLY THIRD READING
AB 663 (Gomez)
As Amended April 29, 2013
Majority vote
HUMAN SERVICES 5-2 AGING 5-2
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|Ayes:|Stone, Ammiano, Ian |Ayes:|Yamada, Brown, Daly, |
| |Calderon, Garcia, Hall | |Gray, Levine |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Maienschein, Grove |Nays:|Wagner, Grove |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Hall, | | |
| |Rendon, Pan, Quirk, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Bigelow, | | |
| |Donnelly, Linder, Wagner | | |
| | | | |
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SUMMARY : Requires additional training for administrators of
adult community care facilities. Specifically, this bill :
1)Requires administrators of adult residential facilities (ARF)
and residential care facilities for the elderly (RCFE) to
undergo additional training in cultural competency and
sensitivity in aging lesbian, gay, bisexual, and transgender
minority issues.
2)Requires the Long-Term Care (LTC) Ombudsman to undergo
additional training in cultural competency and sensitivity in
aging lesbian, gay, bisexual, and transgender minority issues.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, because the bill does not require an increase in the
overall number of hours of training, costs associated with this
legislation should be minor and absorbable within existing
resources.
COMMENTS :
Community Care Facilities Act (CCFA) : Established in 1973, the
CCFA was adopted in response to the need to provide a system of
nonmedical community care, to provide care and supervision
services for persons with developmental and mental health needs,
as well as socially dependent children and adults in California.
Over the years, Community Care Facilities (CCFs) have evolved
to become more sophisticated in the range of care they provide,
which now includes providing care for persons with severe
behavioral or emotional problems, serious mental or
developmental disorders and significant medical needs.
Under the CCFA, ARFs are generally considered facilities that
provide residentially-based care for adults age 18-59, who are
unable to provide for their own daily needs. ARFs typically
provide residential care for adults with mental health needs or
developmental disabilities that prevent them from living at home
safely on their own.
CCF administrators must undergo 35 hours of classroom
instruction provided by a Department of Social Services
(DSS)-approved certification program. The instruction is
required to provide training on a uniform core of knowledge that
is necessary to operate a CCF.
According to DSS, as of February 6, 2013, there were 77,243
licensed CCFs in California with a capacity to serve 1,395,577
residents.
Residential Care Facilities for the Elderly : It is the intent
of the Legislature, in creating for RCFEs their own licensing
category, to help provide a system of residential care to allow
older persons to live as independently as possible while not
forcing them to move between medical and nonmedical services.
Commonly referred to as assisted living facilities, retirement
homes and board and care homes, RCFEs are licensed facilities
that provide services to individuals who are 60 years of age and
over and persons under the age of 60 with compatible needs.
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RCFEs provide a wide array of care, which can include varying
levels of personal care and protective supervision, based upon
the needs of the resident.
Much like CCF certification requirements, RCFE administrators
must undergo a similar training, but with more hours. They are
required to successfully complete 40 hours of classroom
instruction provided by a DSS-approved certification program,
which includes additional hours of instruction relating to
serving clients with dementia.
According to DSS, as of February 6, 2013, there are 7,613
licensed RCFEs in California with a capacity to serve 173,333
residents.
Office of the Long-Term Care (LTC) Ombudsman : As established by
the Mello-Granlund Older Californians Act, the LTC Ombudsman
serves as an independent entity within the California Department
of Aging. Its primary responsibilities are two-fold. First, it
identifies, investigates and resolves complaints made by
residents of RCFEs, nursing homes and assisted living
facilities. Second, it plays an advocacy role in the
development of policies, regulations and statute to improve
California's system of care for older persons.
Need for the bill : One of the most significant demographic
changes occurring in the United States (US) today is the growth
of our aging population. According to the US Census, in 2000,
there were just over 41 million Americans over the age of 62,
representing almost 15% of the country's population. In the
2010 Census, that number increased by more than 21% to nearly 50
million people who are 62 years of age and over. Americans aged
62 and over grew at a faster rate than any other age group in
the country.
Additionally, with advances in health care and medical
treatment, life expectancy is increasing. It is estimated that
by the year 2030, seniors will represent more than 20% of the
nation's population and be made up of a greater proportion of
seniors over the age of 85. This will result in longer periods
of retirement for seniors, and increased reliance on housing,
health care, and social services.
Parallel to this increase in the nation's senior population, is
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the growth in the number of lesbian, gay, bisexual and
transgender (LGBT) seniors. Although LGBT seniors and their
heterosexual counterparts will experience similar issues
associated with growing older, they encounter a different and
unique set of challenges and circumstances that can serve as
barriers to accessing needed services. In the 2004 report
"Aging in Equity" by the Funders for Gay and Lesbian Issues, it
notes:
LGBT elders are? less likely to have children than
their heterosexual counterparts. Since life partners
and children play an important role in caregiving,
many LGBT elders become reliant on formal caregiving
services sooner than elders who can turn to family
members and partners for informal support.
The report goes on to say:
LGBT couples face unequal treatment in hospital
visitation, health decision making, nursing care
policies, Medicaid regulations, Medicare and Social
Security Coverage, pension and tax regulations,
housing rights, and a host of other issues that
fundamentally affect their financial security, health
status, and quality of life.
There are also numerous cultural and equity issues that have yet
to percolate into the world of senior and aging care in
California. Whereas there is greater tolerance and
understanding of the LGBT community in younger generations, this
acceptance and equity of treatment has yet to immerse itself
into older generations, including seniors.
Writing in support of the bill, the AARP states:
The LGBT community has made incredible strides
battling social discrimination. They shouldn't be
forced back into hiding in the late stages of life.
Increasing training in cultural competence regarding
LGBT seniors is necessary to enable these individuals
to live lives of dignity and autonomy.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
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