BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 609
                                                                  Page  1

          Date of Hearing:   August 14, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 609 (Wolk) - As Amended:  August 7, 2013 

          Policy Committee:                             Aging Vote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill increases penalties for interfering with the  
          activities of the State Office of the Long-Term Care Ombudsman  
          (SLTCO) and creates accounts for specified purposes related to  
          state and local long-term care ombudsmen activities.  
          Specifically, this bill:

          1)Requires outside funds solicited by the SLTCO to be deposited  
            in a newly created SLTCO Program Improvement Act Account, and  
            requires funds be used to support SLTCO Office activities.

          2)Increases the civil penalty for willfully interfering with a  
            lawful action of the Office of the LTCO from $1,000 to $2,500  
            per violation. 

          3)Require all penalty revenues collected pursuant to (2) be  
            deposited in a newly created Access to Facilities Account and  
            dedicates penalty revenues for travel and training costs of  
            local ombudsmen.  

          FISCAL EFFECT  

          1)Minor loss of penalty revenues to the GF, likely under $10,000  
            annually, from the redirection of penalty revenues from the GF  
            to other purposes.  Two such penalties have been issued since  
            2010.

          2)Minor increased penalty revenue dedicated to local long-term  
            ombudsman activities, likely under $10,000 annually, from  
            increasing civil penalty amounts from $1,000 to $2,500. 

           COMMENTS  








                                                                  SB 609
                                                                  Page  2


           1)Rationale  . The author indicates the increased penalties in  
            this bill will serve as a deterrent to facilities that block  
            local ombudsmen from speaking with residents freely.   
            Furthermore, she indicates any penalty revenues collected for  
            willful interference should be used to fund unmet needs of  
            local ombudsmen programs. 

           2)Background  .  Pursuant to federal and state law, the SLTCO  
            coordinates local offices and thousands of volunteers  
            throughout the state to identify, investigate, and resolve  
            complaints of residents of long-term care facilities. Some  
            local ombudsman programs indicate facilities have refused to  
            allow ombudsman representatives to enter facilities without an  
            escort.  
           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081