BILL ANALYSIS Ó
AB 1821
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1821 (Gordon)
As Amended June 17, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 28, 2014) |SENATE: |33-0 |(August 22, |
| | | | | |2014) |
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Original Committee Reference: V.A.
SUMMARY : Establishes the Medical Foster Home Pilot Program and
would, commencing June 1, 2015, and until January 1, 2018, authorize
a United States Department of Veterans Affairs (USDVA) facility to
establish a medical foster home that is not subject to licensure or
regulation as a residential care facility for the elderly provided
that specified federal requirements are satisfied, the USDVA
facility establishing the home agrees to be subject to the
jurisdiction of the California State Auditor, and the USDVA obtains
criminal background information for caregivers and specified
individuals residing in the home. States the intent of the
Legislature that the California State Auditor, through a request to
the Joint Legislative Audit Committee, conduct an audit evaluating
the pilot program created by this bill no sooner than January 1,
2016, as specified.
The Senate Amendments exempt Medical Foster Homes in the Pilot
Program from licensure or regulation under the California Community
Care Facilities Act and the California Residential Care Facilities
for Persons With Chronic Life-Threatening Illness Act.
FISCAL EFFECT : The Senate Appropriations Committee notes State
Auditor costs of up to $200,000 (General Fund).
COMMENTS : Providing veterans with a new, federally-funded, health
care delivery setting option is sound policy for several reasons.
Being treated in a home-like setting will surely be an attractive
option for many veterans. According to the Author, the Medical
Foster Home program is running successfully in other states.
Furthermore, this model of care seems in keeping with the United
States Supreme Court's decision in Olmstead v. L.C., a ruling that
requires states to eliminate unnecessary segregation of persons with
disabilities and to ensure that persons with disabilities receive
services in the most integrated setting appropriate to their needs.
AB 1821
Page 2
However, the step of exempting MFH's from state regulation and
oversight should be carefully evaluated and the Senate amendments
add two additional statutory/regulatory exemptions from the version
of this bill passed by the Assembly. The bill does contain certain
safeguards: introducing Medical Foster Homes to California as a
pilot program, sunset provisions, an audit, and other requirements.
There is a rigorous federal regulatory and oversight scheme in place
for Medical Foster Homes and as noted above, the bill proposes
safeguards. However, recently the USDVA has been the subject of
serious allegations of systemic failings and misconduct with regard
to veterans healthcare. The Medical Foster Home Pilot Program by
its nature will provide care even more
remotely, away from USDVA facilities in private homes and to some of
California's most vulnerable veterans.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550FN:
0005033