BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 663
          Author:   Gomez (D)
          Amended:  4/29/13 in Assembly
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  4-2, 6/25/13
          AYES:  Yee, Evans, Liu, Wright
          NOES:  Berryhill, Emmerson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  52-21, 5/23/13 - See last page for vote


           SUBJECT  :    Care facilities:  training requirements

           SOURCE  :     Congress of California Seniors
                      Equality California


           DIGEST  :    This bill requires the Adult Residential Facility  
          (ARF) and Residential Care Facilities for the Elderly (RCFE)  
          administrator training program and ombudsman training program to  
          include training in cultural competency and sensitivity in  
          issues relating to the aging lesbian, gay, bisexual, and  
          transgender (LGBT) community.

           ANALYSIS  :    

          Existing law:

          1.Establishes the California Community Care Facilities Act and  
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            the California Residential Care Facilities for the Elderly Act  
            with the intent to provide a coordinated and comprehensive  
            statewide service system of quality community care for  
            mentally ill, developmentally and physically disabled children  
            and adults who require care or services by a facility or  
            organization issued a license or special permit.

          2.Requires the Department of Social Services (DSS) to establish  
            a training program to ensure that licensees, operators, and  
            staff of adult residential care facilities have appropriate  
            training to provide the care and services for which a license  
            or certificate is issued.

          3.Defines in California regulations "Adult Residential Facility"  
            as any facility of any capacity  that  provides 24-hour-a-day  
            nonmedical care and supervision to persons 18 years of age  
            through 59 years of age; and as specified, persons 60 years of  
            age and older.

          4.Requires the ARF administrator certification program to have a  
            minimum of 35 hours of classroom instruction that provides  
            training on a uniform core of knowledge, as specified.

          5.Defines "Residential care facility for the elderly" as a  
            housing arrangement chosen voluntarily by persons 60 years of  
            age or over, or their authorized representative, where varying  
            levels and intensities of care and supervision, protective  
            supervision, personal care, or health-related services are  
            provided, based upon their varying needs, as determined in  
            order to be admitted, and to remain in the facility.

          6.Requires the RCFE administrator certification program to have  
            a minimum of 35 hours of classroom instruction that provides  
            training on a uniform core of knowledge, as specified.

          7.Establishes a Long-Term Care Ombudsman Program to encourage  
            community contact and involvement with elderly patients or  
            residents of long-term care facilities or residential  
            facilities through the use of volunteers.

          8.Requires state ombudsmen to provide services to assist  
            residents in the protection of their health, safety, welfare,  
            and rights.


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          9.Requires, prior to the certification of an ombudsman by the  
            Office of the State Long-Term Care Ombudsman, that individuals  
            receive a minimum of 36 hours of certification training that  
            is approved by the office. 
           
          This bill:

          1.Requires instruction on cultural competency and sensitivity in  
            issues relating to the underserved aging LGBT community be  
            included in the ARF and RCFE administrator certification  
            program.

          2.Requires training on cultural competency and sensitivity in  
            issues relating to the underserved aging LGBT community be  
            included in the 36 hours of certification training for  
            ombudsmen.

           Comments

          Older Adults & the LGBT Community  .  According to the 2010 US  
          Census, there are nearly 50 million people who are 62 years of  
          age and over.  Americans 62 years and over grew at a faster rate  
          than any other age group in the country.  It has been estimated  
          that nine million Americans identify as LGBT according to  
          information attained from the National Resource Center on LGBT  
          Aging.  It has also been approximated that 1.5 million adults,  
          65 years or older, are LGB (no transgender estimate provided). 

           ARFs  .  ARFs are facilities of any capacity that provide 24-hour  
          non-medical care for adults ages 18 through 59, who are unable  
          to provide for their own daily needs. Adults may be physically  
          handicapped, developmentally disabled, and/or mentally disabled.  


           RCFEs  .  RCFEs provide a housing arrangement chosen voluntarily  
          by the resident, the resident's guardian, conservator or other  
          responsible person. RCFEs provide care, supervision and  
          assistance with activities of daily living, such as bathing and  
          grooming. They also may provide incidental medical services  
          under special care plans. RCFEs are licensed by the Community  
          Care Licensing branch of the DSS.
          RCFEs provide services to people 60 years of age and over and  
          people under 60 with compatible needs. RCFEs may also be known  
          as assisted living facilities, retirement homes and board and  

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          care homes. RCFEs can range in size from six beds or less to  
          more than 100 beds. The residents in these facilities require  
          varying levels of personal care and protective supervision. 

           Office of the State Ombudsman  .  The state's Long-Term Care  
          Ombudsman program is administered through the California  
          Department of Aging (CDA) and 35 local programs contracted  
          through the network of local Area Agencies on Aging (AAA).  The  
          program utilizes approximately 950 volunteers and 155 paid  
          full-time and part-time staff to serve as resident/patient  
          advocates in more than 9,000 long-term care facilities  
          statewide. Volunteers initially receive a minimum of 36 hours of  
          training to carry out their duties. 

          According to the Department of Aging website, 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. The goal of the program  
          is to advocate for the rights of all residents of long-term care  
          facilities. 

           Prior Legislation
           
          AB 2920 (Leno, Chapter 829, Statutes of 2006) requires CDA to  
          ensure equal access to programs and services funded through the  
          Older Americans Act, and that all programs administered by CDA  
          and the AAA account for the needs of LGBT elders.

          SB 1729 (Migden, Chapter 550, Statues of 2008) requires  
          Registered Nurses, Certified Nurse Assistants, Licensed  
          Vocational Nurses, and physicians working within a skilled  
          nursing facility or congregate living facility to participate in  
          training provided by the Department of Public Health focused on  
          eliminating homophobia.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/9/13)

          Congress of California Seniors (co-source) 
          Equality California (co-source) 
          AARP
          Betty T. Yee, Member, 1st District, State Board of Equalization

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          County Welfare Directors Association of California
          Consumer Federation of California

           ARGUMENTS IN SUPPORT  :    According to the author, it's only been  
          in the last few years that people have started to do research  
          into the needs and life experience of older LGBT people and  
          their families.  To further complicate the issue, older LGBT  
          people increasingly face aging with HIV/AIDS as the first  
          generation of survivors to navigate the impact of HIV on aging.  
          The author states that often LGBT older people do not have  
          access to adequate health care, affordable housing and other  
          social services they need.  This bill directs efforts in  
          educating mainstream providers and key policy makers about the  
          needs of LGBT older people and their families as they age and  
          how to meet those needs in a respectful and dignified manner.

           ASSEMBLY FLOOR  :  52-21, 05/23/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,  
            Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Hall, Jones-Sawyer, Levine, Lowenthal, Maienschein, Medina,  
            Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Beth Gaines, Hagman, Harkey, Linder, Logue, Mansoor,  
            Melendez, Morrell, Nestande, Olsen, Patterson, Wagner, Weber,  
            Wilk
          NO VOTE RECORDED:  Grove, Roger Hernández, Holden, Jones,  
            Waldron, Vacancy, Vacancy


          JL:nl  8/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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