BILL ANALYSIS Ó
SB 609
Page 1
SENATE THIRD READING
SB 609 (Wolk)
As Amended August 7, 2013
Majority vote
SENATE VOTE :37-0
AGING 7-0 APPROPRIATIONS 17-0
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|Ayes:|Yamada, Wagner, Brown, |Ayes:|Gatto, Harkey, Bigelow, |
| |Daly, Gray, Grove, Levine | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Increases fines for willfully interfering with the
Long-Term Care Ombudsman Program's lawful actions from a maximum
of $1,000 to a maximum of $2,500, and makes other minor and
technical changes. Specifically, this bill :
1)Increases the civil monetary penalty assessed by the Director
of the California Department of Aging (CDA) against any person
who willfully interferes with any lawful action of the Office
of the Long-Term Care Ombudsman from $1,000 to $2,500.
2)Establishes the "Long-Term Care Ombudsman Program Improvement
Act Account" within the state's Special Deposit Fund to
receive funds, gifts, and contributions, of which the receipt
or solicitation would not jeopardize the independence and
objectivity of the Office of the Long-Term Care Ombudsman, to
support the operations of the Long-Term Care Ombudsman
Program.
3)Establishes the "Access to Facilities Account" within the
state's Special Deposit Fund for the purposes of receiving
civil monetary penalties collected as a result of enforcement
of a statutory prohibition against willfully interfering with
a Long-Term Care Ombudsman Program representative's attempt to
access a long-term care facility, or to meet confidentially
with a resident of a long-term care facility.
SB 609
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EXISTING LAW :
1)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.
2)Establishes the Long-Term Care Ombudsman Program within the
CDA in order to encourage community contact and involvement
with elderly patients or residents of long-term health care
facilities or residential facilities.
3)Requires the Ombudsman to identify, investigate, and resolve
complaints that may adversely affect the health, safety,
welfare, or rights of residents of long-term care facilities.
4)Requires that representatives of the Ombudsman Program shall
have access to long-term care facilities and residents,
appropriate access to review the medical and social records of
a resident.
5)Prohibits willful interference with the functions of the
Ombudsman representative and the Ombudsman Program.
6)Provides that representatives of the Ombudsman shall have the
right to enter and move about long-term care facilities to
identify, hear, investigate, resolve complaints observe and
monitor conditions of facilities.
7)Requires the Office of the Ombudsman to solicit and receive
funds, gifts, and contributions and permits the office to form
a foundation eligible to receive tax-deductible contributions
for this purpose.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible impact due to redirection of penalty
revenue from the General Fund for other purposes, and increased
revenue due to increased penalties for willful interference.
COMMENTS : While current law prohibits any person who willfully
interferes with the lawful action of an ombudsman, subject to a
penalty of $1,000, complaints about willful interference and
local ombudsmen being denied access to facilities continues to
SB 609
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be a problem. According to the Office of the State Long-Term
Care Ombudsman, since 2010, there have been six incidents of
willful interference where a local ombudsman program requested
the assistance of the state office. Advocates and the author
are concerned that the process associated with enforcing access
laws is cumbersome and lengthy, which defeats the purpose of the
state prohibition against willful interference.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990
FN: 0001900