BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 609|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 609
Author: Wolk (D)
Amended: 4/11/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 6-0, 4/22/13
AYES: De León, Walters, Gaines, Lara, Padilla, Steinberg
NO VOTE RECORDED: Hill
SUBJECT : Office of the State Long-Term Care Ombudsman
SOURCE : Author
DIGEST : This bill creates the Long-Term Ombudsman Program
Improvement Act Account, and requires the Office of the State
Long-Term Care Ombudsman (Office) to deposit specified funds
into the account. Requires those funds to be used for the
purpose of supporting the operations and programs of the Office.
ANALYSIS :
Existing Federal Law:
1. Establishes, within the Older Americans Act, the Office of
the Long-Term Care Ombudsman Program and requires states to
establish and operate an Office of the State Long-Term Care
Ombudsman Program.
CONTINUED
SB 609
Page
2
2. Requires states to ensure that representatives of the Office
shall have access to long-term care facilities and residents,
appropriate access to review the medical and social records
of a resident, as specified, and access to specified records
of patients and the facility.
3. Requires states to prohibit willful interference with the
functions of the Office, to prohibit retaliation and
reprisals by a long-term care facility, and to provide for
appropriate sanctions with respect to the interference,
retaliation, and reprisals.
Existing State Law:
1. Establishes, within the Department of Aging (CDA), the Office
of the State Long-Term Care Ombudsman to protect and advocate
for the rights and health and safety for long-term care
facility residents.
2. Requires the Ombudsman, either personally or through
representatives, to identify, investigate, and resolve
complaints that may adversely affect the health, safety,
welfare, or rights of residents of long term care facilities.
3. Requires the Office to solicit and receive funds, gifts, and
contributions to support the operations and programs of the
Office. Permits the Office to form a foundation eligible to
receive tax-deductive contributions for this purpose.
4. Provides that any person who willfully interferes with any
lawful action of the Office shall be subject to a civil
penalty of no more than $1,000 to be assessed by the Director
of the Agency on Aging upon the request of the Office.
5. Provides that funds designated as continuously appropriated
without regard to fiscal years may not be encumbered by the
Legislature, unless the Legislature by statute specifies that
the funds shall be encumbered for appropriation.
6. Establishes the Special Deposit Fund as a trust fund in the
State Treasury to provide a depository for money received in
trust for specific purposes by a department for which no
other fund has been created to receive those funds. Permits
CONTINUED
SB 609
Page
3
a department to establish accounts through a request of the
Department of Finance (DOF) and, upon DOF approval, the State
Controller's Office.
This bill:
1. Establishes in statute the Long-Term Care Ombudsman Program
Improvement Act Account (Account), and upon appropriation,
requires those funds to be used for the purpose of supporting
the operations and programs of the Office.
2. Requires the Ombudsman to deposit solicited funds, gifts and
contributions into the Account.
3. Increases civil penalties for willful interference with any
lawful action of the Office to $2,500 and provides that
penalties shall be assessed per incident.
4. Provides that, if the penalty is not paid within 30 days of
the assessment, the director of the CDA shall initiate an
action to collect the penalties in the local jurisdiction.
5. Establishes the Access to Facilities Account, created within
the Special Deposit Fund and provides that civil penalties
collected by the CDA shall be deposited into this account.
6. Provides that funds in the Access to Facilities Account shall
be available, upon appropriation, to the Office and no less
than 75% of the penalties collected shall be dedicated to
fund the direct travel costs associated with local Ombudsmen
visits or training of local Ombudsmen throughout the state.
Background
Office of the State Ombudsman . The state's Long-Term Care
Ombudsman program is administered through the CDA and 35 local
programs contracted through the network of local area agencies
on aging. The program utilizes approximately 950 volunteers and
155 paid full-time and part-time staff to serve as
resident/patient advocates of residents in over 9,000 long-term
care facilities. Volunteers initially receive a minimum of 36
hours of training to carry-out their duties. According to the
CDA Web site, 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.
CONTINUED
SB 609
Page
4
The goal of the program is to advocate for the rights of all
residents of long-term care facilities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Minor projected annual revenue increases, based on recent
administrative penalties issues (General Fund). In 2012, the
CDA issued two such civil penalties.
Minor ongoing expenditures for state Long-Term Care Ombudsman
activities and for local ombudsman activities (General Fund).
SUPPORT : (Verified 4/23/13)
Alliance on Aging Long-Term Care Ombudsman Program for Monterrey
County
California Advocates for Nursing Home Reform
California Catholic Conference, Inc.
California Commission on Aging
California Long Term-Care Ombudsman Association
California Senior Legislature
Consumer Federation of California
Council on Aging-Orange County
Humboldt-Del Norte Long Term Care Ombudsman Program
Long Term Care Services of Ventura County
Older Women's League of California
Ombudsman Services of Northern California-Shasta Region
Ombudsman Services of San Mateo County, Inc.
Ventura County Board of Supervisor
ARGUMENTS IN SUPPORT : According to the author's office, the
State Long-Term Care Ombudsman reports recent incidences where
local offices have approached long term care facilities and were
refused entry into the facility despite state law requiring
facilities to grant unhindered access. In response, the
Ombudsman requested the CDA to initiate actions against those
facilities. One facility paid the penalty of $1,000 but another
CONTINUED
SB 609
Page
5
facility has ignored the fine forcing the Ombudsman to initiate
a claim in small claims court. Because the Ombudsman did not
have an account set up to receive the funds, nor authority to
expend the funds, the fines reverted to the General Fund.
The author's office further states that the current penalty of
$1,000 has been in place for 30 years and is an insufficient
deterrent against violations. By increasing the penalty to
$2,500 and establishing it for each incident of willful
interference, the Ombudsman will have a stronger tool to ensure
local Ombudsmen legal access to residents and facilities. The
author's office states that any penalties collected would fund
more outreach to facilities by local Ombudsmen and training for
volunteers to perform site visits.
Several local ombudsman programs state that, for years, some
facilities have refused to allow Ombudsman representatives to
enter facilities without an escort, in violation of state and
federal law.
JL:d 4/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED