BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | ACR 38| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: ACR 38 Author: Brown (D), et al. Amended: 9/2/15 in Senate Vote: 21 SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/9/15 AYES: McGuire, Berryhill, Hancock, Liu, Nguyen SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: Read and adopted, 5/7/15 SUBJECT: California Task Force on Family Caregiving SOURCE: AARP Association of California Caregiver Resource Centers DIGEST: This bill establishes a task force on family caregiving with 12 members appointed by the Senate and Assembly. The task force will be required to consider issues relating to family caregivers and report to the Legislature on those issues. Senate Floor Amendments of 9/2/15 (1) reinstate provisions clarifying that state funds shall not be used to support task force activities, and permitting the task force to solicit and accept private funds and in-kind donations from public and private foundations, as specified; and (2) reinstate provisions clarifying that members of the task force shall service without compensation, as specified. ANALYSIS: Existing law: ACR 38 Page 2 1) Enacts, through federal law, the Older Americans Act of 1965, administered at the state level by the California Department of Aging (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) 2) Enacts the Mello-Granlund Older Californians Act establishing CDA, 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 (CCoA) consisting of 25 volunteer commissioners appointed to three-year terms by the Governor (19 positions), the Speaker of the Assembly (three positions), and the Senate Rules Committee (three 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) ACR 38 Page 3 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) 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 (task force) consisting of 12 members, with the Speaker of the Assembly and the Senate Committee on Rules each appointing six members, and provides that appointed members shall serve for the duration of the task force. 3) Provides that members shall have demonstrated knowledge and expertise in family caregiving, geriatric research, Alzheimer's disease research, or senior advocacy. 4) Requires the task force to meet 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 CCoA in order to link the efforts of the Legislature and the administration. 6) Provides that the task force shall convene, once members have been appointed, if a non-state organization agrees to provide administrative support to the task force. 7) Provides that the task force shall be subject to the Bagley-Keene Open Meeting Act (GC 11120 et seq.) ACR 38 Page 4 8) 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, as long as that support would not pose any conflict of interest. 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, to the extent that private funds are available. 10)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. Background The author cites research from the American Association of Retired Persons (AARP) showing that there are four 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. 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 one 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 ACR 38 Page 5 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. According to data on CDA 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. 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. Caregiver Resource Centers. Every year, California's nonprofit CRC 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 among many others. A 2012 report issued by CCoA 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 ACR 38 Page 6 providing more services to frail elders in the home, according to the report, entitled "Celebrating Caregiving in California." CCoA 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." FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No According to the Senate Appropriations Committee, this bill will incur no state costs. Amendments taken in the Committee require a non-state organization to agree to provide administrative support to the task force before it can convene. SUPPORT: (Verified 9/2/15) AARP (co-source) Association of California Caregiver Resource Centers (co-source) AFSCME Alzheimer's Association California Association for Adult Day Services California Association of Area Agencies on Aging California Commission on Aging California Senior Legislature Family Caregiver Alliance National Association of Social Workers, California Chapter ACR 38 Page 7 On Lok Senior Health Services SEIU California United Domestic Workers of America OPPOSITION: (Verified9/2/15) None received Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524 9/3/15 14:31:54 **** END ****