BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              ACR 38
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          |Author:   |Brown                                                 |
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          |Version:  |June 2, 2015           |Hearing    |June 9, 2015     |
          |          |                       |Date:      |                 |
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          |Urgency:  |                       |Fiscal:    |Yes              |
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          |Consultant|Sara Rogers                                           |
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                Subject:  California Task Force on Family Caregiving


            SUMMARY
          
          Establishes, through resolution of the Assembly and Senate, the  
          California Task Force on Family Caregiving to examine issues  
          relative to family care giving and to make policy  
          recommendations to the Legislature. Prohibits the use of state  
          funds to support task force activities, but permits the  
          solicitation and acceptance of private funds and in-kind  
          donations from public and private foundations. Requires the task  
          force to submit interim and final reports to the Legislature, as  
          specified. Makes related findings pertaining to family  
          caregivers.

            ABSTRACT
          
          Existing law:

             1)   Through federal law, enacts the Older Americans Act of  
               1965, administered at the state level by CDA which  
               contracts with a network of 33 Area Agencies on Aging  
               intended to coordinate and directly manage various state  
               and federal services for older Californians, including the  
               Family Caregiver Support Program, for family and other  
               unpaid caregivers supporting older individuals. (42 U.S.  
               Code, Chapter 35)










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             2)   Enacts the Mello-Granlund Older Californians Act  
               establishing the California Department of Aging, appointing  
               it with various duties, including the development of the  
               federally mandated State Plan on Aging. (WIC 9000 et seq.)


             3)   Establishes the California Commission on Aging  
               consisting of 25 volunteer commissioners appointed to  
               three-year terms by the Governor (19 positions), the  
               Speaker of the Assembly (3 positions), and the Senate Rules  
               Committee (3 positions).  Further establishes legislative  
               intent that the CCoA be the coordinating agency of all  
               programs for the aging in this state, except those programs  
               designated elsewhere by the Governor or Legislature. (WIC  
               9200 et seq.)


             4)   Establishes the Olmstead Advisory Committee in response  
               to the U.S. Supreme Court's Olmstead v. L.C. decision.  A  
               responsibility of the Committee is to develop a state  
               Olmstead Plan prescribing actions the state may take in  
               order to comply with the Olmstead decision. (WIC 14181 and  
               Executive Order S-18-04)


             5)   Requires the California Health and Human Services Agency  
               (CHHS) to prepare a Long Range Strategic Plan on Aging by  
               July of 2003, and consult or seek the advice of CCoA in the  
               development of this strategic plan. Existing statute  
               provided an appropriation to the University of California  
               to undertake a survey of existing resources and gaps in  
               California's long-term care system and to establish a  
               longitudinal database to inform the report.  As mandated,  
               CHHS prepared a 258-page report in 2003 entitled "Strategic  
               Plan for An Aging California Population." (WIC 9101.5)


             6)   Establishes Caregiver Resource Centers (CRCs) for the  
               purpose of delivering services to and advocating for  
               caregivers of cognitively impaired adults, including  
               providing specialized information, family consultation and  
               professional support, respite care, short-term counseling,  
               support groups, legal and financial consultation, and  
               education and training. (WIC 4364.5)









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          This bill:

             1)   Makes numerous findings regarding the contributions and  
               significance of unpaid family caregivers, challenges faced  
               by those caregivers, and the importance of establishing  
               tools and supports to encourage and support family  
               caregivers.


             2)   Resolves by the Assembly and Senate to establish the  
               California Task Force on Family Caregiving consisting of 20  
               members, with the Speaker of the Assembly and the Senate  
               Committee on Rules each appointing 10 members.


             3)   Provides that members shall have demonstrated knowledge  
               and expertise in any of the following:
                  a.        Family caregiving.
                  b.        Geriatric research.
                  c.        Alzheimer's disease research.
                  d.        Senior advocacy.


             4)   Requires the task force to meet monthly to examine  
               issues relative family caregivers, as specified, make  
               policy recommendations to the Legislature and consult, as  
               necessary, with a broad range of stakeholders, as  
               specified.


             5)   Encourages the task force to partner, whenever possible,  
               with the California Commission on Aging in order to link  
               the efforts of the Legislature and the administration.


             6)   Provides that state funds shall not be used to support  
               task force activities, and permits the task force to  
               solicit and accept private funds and in-kind donations from  
               public and private foundations to pay expenses incurred,  
               including staff, administrative meeting and other expenses  
               incurred by task force members.










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             7)   Provides that the task force shall be subject to the  
               Bagley-Keene Open Meeting Act (GC 11120 et seq.)


             8)   Requires the task force to submit one or more reports to  
               the Legislature and to the Governor, including an interim  
               report no later than January 1, 2017 and a final report no  
               later than July 1, 2018.


             9)   Provides that members of the task force shall serve  
               without compensation, but shall receive reimbursement for  
               travel and other necessary expenses actually incurred in  
               the performance of their official duties.


             10)  Provides that appointed members shall serve for the  
               duration of the task force.

            FISCAL IMPACT


          This bill has not been analyzed by a fiscal committee, and has  
          been tagged non-fiscal; however this bill has been referred to  
          the Senate Appropriations Committee.


            BACKGROUND AND DISCUSSION


          Purpose of the bill:


          The author cites research from the American Association of  
          Retired Persons (AARP) showing that there are 4 million family  
          caregivers currently in California, with over 5.8 million  
          providing care at some point in time during the year. The author  
          also cites research finding that the role of the family  
          caregiver has expanded to include the performance of medical and  
          nursing tasks and that support for caregivers in the performance  
          of these tasks is lacking.











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          According to the author, by 2026, as baby boomers age into their  
          80's, the ratio of caregivers to those needing care is projected  
          to drop significantly. In 2010, the caregiver support ratio in  
          California was 7.7 potential caregivers for every person in the  
          high-risk years of 80-plus. By 2030, the ratio is projected to  
          decline sharply to 3.9 caregivers available to every 1 person  
          who requires assistance with daily activities and is expected to  
          decline to a ratio of 2.7 to 1 by 2050.


          Aging population


          Nationally, according to the U.S. Administration on Aging (AoA),  
          40 million adults were aged 65 or older in 2009, the latest year  
          for which data is available, or about one in every eight  
          Americans. By 2030, the AoA calculated, there will be about 72.1  
          million older persons, more than twice their number in 2000.  
          People aged 65 or older represented 12.4 percent of the  
          population in the year 2000 but are expected to grow to be 19%  
          of the population by 2030.<1> 


          According to data on the Department of Aging website,  
          California's aging population has one of the nation's fastest  
          growth rates among the elderly. In California, the elderly  
          population is expected to grow more than twice as fast as the  
          total population and this growth will vary by region. 


          Family caregivers


          A 2011 report issued by the AARP Public Policy Institute noted  
          that about 42 million family caregivers in the United States  
          provided care to an adult with limitations in daily activities  
          in 2009, and nearly 62 million provided care at some point  
          during the year. The estimated economic value of their unpaid  
          contributions was approximately $450 billion in 2009, according  
          to the report, based on an average of 18.4 hours of care per  
          week at an average value of $11.16 per hour.

          ---------------------------


          <1> http://www.aoa.gov/Aging_Statistics/








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          According to data from the Centers for Disease Control, unpaid  
          caregivers provided an estimated 90 percent of the long-term  
          care in 2008. The typical caregiver is a 46 year old woman with  
          some college experience who provides more than 20 hours of care  
          each week to her mother. Just over half of caregivers who said  
          their health had gotten worse due to caregiving also said the  
          decline in their health has affected their ability to provide  
          care.

          According to the AARP survey, "Valuing the Invaluable," one in  
          five women reported that caregiving strains their household  
          finances and that 42 percent of caregivers spend more than  
          $5,000 a year on caregiving expenses. However, one of the more  
          significant impacts on caregiving is the emotional and physical  
          toll on caregivers. 


               "An extensive body of research finds that providing  
               care to a chronically ill family member or close  
               friend can have profound negative effects on the  
               caregiver's own physical and psychological health,  
               increase social isolation and adversely impact quality  
               of life and well-being. More than two-thirds of family  
               caregivers responding to an online survey said that  
               caring for a loved one was their number one source of  
               stress, ahead of the economic downturn and other  
               family health problems."


          Caregiver resource centers


          Every year, California's nonprofit Caregiver Resource Centers  
          serve more than 14,000 families and caregivers of adults  
          affected by chronic and debilitating health conditions including  
          dementia, Alzheimer's disease, cerebrovascular diseases (such as  
          stroke or aneurysms), degenerative diseases such as Parkinson's,  
          Huntington's and multiple sclerosis, or traumatic brain injury  













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          among many others.<2>


          A 2012 report issued by the California Commission on Aging noted  
          that the state faces serious caregiver challenges in today's  
          economic climate. As budgets are cut at the state level, state  
          policies are moving rapidly toward providing more services to  
          frail elders in the home, according to the report, entitled  
          "Celebrating Caregiving in California." The Commission cautioned  
          that policymakers must weigh the value of protecting the  
          interest of family caregivers against the cost of  
          institutionalization. A recent report of the Senate Select  
          Committee on Aging and Long Term Care "A Shattered System,  
          Reforming Long Term Care in California," states that:


               "Unpaid family caregivers are the forgotten workforce of  
               the LTC system. Nearly six million unpaid caregivers -  
               typically family and friends - provide LTC in California,  
               valued at $47 billion annually. While a number of programs  
               and policies exist to support family caregivers, most  
               family caregivers are unaware of or unable to access these  
               services. Many have had to sacrifice their jobs and family  
               income to provide care for a loved one. The needs of the  
               family caregivers must be addressed in order to support the  
               population's LTC workforce needs; this is particularly true  
               for women, as they disproportionately bear the burden of  
               caregiving."


          Related legislation:


          AB 1744 (Brown) would have required the California Department of  
          Aging, upon securing $200,000 in non-state funds from private  
          sources, to convene a blue-ribbon panel, comprised of at least  
          13 members, to make legislative recommendations to improve  
          services for unpaid and family caregivers in California, as  
          provided. The bill would have required the committee to prepare  
          a report of its findings and recommendations and provide it to  
          the Legislature on or before July 1, 2016. This bill was vetoed  

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          <2> https://caregiver.org/californias-caregiver-resource-centers








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          by the Governor with the following veto message:




               To the Members of the California State Assembly:




               I am returning Assembly Bill 1744 without my signature.




               The bill would require the California Department of Aging  
               to establish and support a 13-member blue ribbon task force  
               on unpaid family caregiving, using only non-state funds  
               from private sources.




               The California State Plan on Aging, the California Plan for  
               Alzheimer's Disease, the significant reports and action  
               plans developed by the 33 Area Agencies on Aging, the  
               Alzheimer's Association, the AARP and so many others have  
               produced ample evidence for knowledgeable and caring people  
               to recommend ways to improve support for family caregivers.  





               Establishing another task force in state law simply isn't  
               necessary.




               Sincerely, 


               Edmund G. Brown Jr.









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          AB 753 (Lowenthal, Chapter 708, Statutes of 2013) requires the  
          Department of Health Care Services to contract directly with  
          nonprofit caregiver resource centers (CRCs) to provide direct  
          services to caregivers of cognitively impaired adults, including  
          specialized information, family consultation, respite care,  
          short-term counseling, and support groups. 

          AB 491 (Alquist, Chapter 339, Statutes of 2008) requires the  
          California Department of Public Health to establish an  
          Alzheimer's Disease and Related Disorders Advisory Committee,  
          appoint members, and develop recommendations about various  
          policy issues related to Alzheimer's disease.
            COMMENTS


          Staff recommends be amended to include a conflict of interest  
          provision related to the acceptance of private funds and to  
          clarify that members shall receive reimbursement for travel and  
          other necessary expenses, to the extent that private funds are  
          available.


          Page 4, lines 19-25:


          Resolved, that state funds shall not be used to support task  
          force activities, but the task force may solicit and accept  
          private funds and in-kind donations from public and private  
          foundations to pay expenses incurred in conducting its business,  
           as long as that support would not pose any conflict of interest  .  
          These expenses include, but are not limited to, staff,  
          administrative, meeting, and other expenses incurred by task  
          force members in the performance of their official duties; and  
          be it further


          Page 4, lines 36-39:


          Resolved, that members of the task force shall serve without  
          compensation, but shall receive reimbursement for travel and  
          other necessary expenses actually incurred in the performance of  
          their official duties,  to the extent that private funds are  
          available.  









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          PRIOR VOTES
          
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          |Assembly Floor:                                            |Voice|
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          |Assembly Appropriations Committee:                         |     |
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          |Assembly Aging and Long Term Care Committee:               |7 -  |
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            POSITIONS
                                          
          Support:  
               AARP (Sponsor)
               Association of California Caregiver Resource Centers  
          (Co-sponsor)
               Alzheimer's Association 
               California Association for Adult Day Services
               California Commission on Aging
               California Senior Legislature
               National Association of Social Workers, California Chapter
               SEIU California
               United Domestic Workers of America
               

          Oppose:   
               None received.

                                      -- END --