BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 609 (Wolk) - Office of the State Long-Term Care Ombudsman.
          
          Amended: April 11, 2013         Policy Vote: Human Services 6-0
          Urgency: No                     Mandate: No
          Hearing Date: April 22, 2013                            
          Consultant: Brendan McCarthy    
          
          This bill does not meet the criteria for referral to the  
          Suspense File.
          
          
          Bill Summary: SB 609 would increase the civil penalty for  
          willfully interfering with a lawful action of the Office of the  
          Long-Term Care Ombudsman from $1,000 to $2,500 per violation.  
          The bill would require that all penalty revenues be deposited in  
          a new account and would dedicate 75% of penalty revenues for  
          support of local ombudsman activities.

          Fiscal Impact: 
              Minor projected annual revenue increases, based on recent  
              administrative penalties issues (General Fund). In 2012, the  
              Department of Aging issued two such civil penalties.

              Minor ongoing expenditures for state Long-Term Care  
              Ombudsman activities and for local ombudsman activities  
              (General Fund).

          Background: The federal Older Americans Act requires the states  
          to establish long-term care ombudsman offices, for the  
          protections of individuals residing in long-term care  
          facilities. 

          Current state law establishes the Office of the Long-Term Care  
          Ombudsman, within the Department of Aging. The Office is  
          responsible for protecting and advocating for the rights and  
          health of long-term care facility residents. Current law  
          provides authority to the Office or local designated ombudsman  
          to enter long-term care facilities to investigate complaints,  
          monitor conditions, speak confidentially with residents, and  
          assist residents with complaints. The willful interference with  
          a lawful action of the Office (such as a visit to a facility by  
          the Office or a local ombudsman) is punishable by a civil fine  








          SB 609 (Wolk)
          Page 1


          up to $1,000 which is to be assessed by the Department of Aging  
          and can be enforced through civil courts. Under current  
          practice, long-term care facility operators are issued two  
          warning letters before a civil penalty is imposed.

          Proposed Law: SB 609 would increase the civil penalty for  
          willfully interfering with a lawful action of the Office of the  
          Long-Term Care Ombudsman from $1,000 to $2,500 per violation.  
          The bill would require that all penalty revenues be deposited in  
          a new account and would dedicate 75% of penalty revenues for  
          support of local ombudsman activities.

          The bill would create an account in the Special Deposit Fund and  
          would require fine revenues to be deposited in that account and  
          would be available upon appropriation of the Legislature.

          The bill would also create a separate account within the Special  
          Deposit Fund for gifts or contributions made to the Office.  
          Those funds would also be available for support of the Office,  
          upon appropriation of the Legislature.

          Staff Comments: While fines imposed under the bill would be  
          deposited in an account in the Special Deposit Fund, all fine  
          and penalty revenues (unless otherwise protected by the  
          Constitution) are General Fund revenues.