BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: ACR 38 ----------------------------------------------------------------- |Author: |Brown | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |June 2, 2015 |Hearing |June 9, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: | |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sara Rogers | |: | | ----------------------------------------------------------------- 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) ACR 38 (Brown) PageB of? 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) ACR 38 (Brown) PageC of? 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. ACR 38 (Brown) PageD of? 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. ACR 38 (Brown) PageE of? 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/ ACR 38 (Brown) PageF of? 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 ACR 38 (Brown) PageG of? 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 --------------------------- <2> https://caregiver.org/californias-caregiver-resource-centers ACR 38 (Brown) PageH of? 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. ACR 38 (Brown) PageI of? 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. ACR 38 (Brown) PageJ of? PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |Voice| | |. | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: | | |-----------------------------------------------------------+-----| |Assembly Aging and Long Term Care Committee: |7 - | | |0 | ----------------------------------------------------------------- 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 --