BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 663|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
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
CONTINUED
AB 663
Page
2
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.
CONTINUED
AB 663
Page
3
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
CONTINUED
AB 663
Page
4
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
CONTINUED
AB 663
Page
5
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
**** END ****
CONTINUED