BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 980| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 980 Author: Nielsen (R) Amended: 5/31/16 Vote: 21 SENATE VETERANS AFFAIRS COMMITTEE: 4-0, 4/12/16 AYES: Nielsen, Hueso, Allen, Roth NO VOTE RECORDED: Nguyen SENATE JUDICIARY COMMITTEE: 7-0, 4/19/16 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SUBJECT: Veterans homes SOURCE: AMVETS California Association of County Veterans Service Officers DIGEST: This bill requires the Department of Veterans Affairs (CalVet) to (1) adopt statewide policies and procedures, by regulation, for operation of the state veterans home system; (2) implement a statewide electronic medical records (EMR) system; and (3) correct and update outdated terminology and references within the portion of the Military and Veterans Code (MVC) that governs state veterans' homes. ANALYSIS: SB 980 Page 2 Existing law: 1) Authorizes establishment and operation of the Veterans' Home of California system. 2) Establishes CalVet's authority and responsibilities in administering the system. 3) Requires each on-site home administrator to adopt rules and regulations for the administration of each home. 4) Defines criteria for admission to a veterans' home. 5) Requires that home members (residents) pay fees and charges as determined by CalVet, subject to a specified fee schedule. 6) Authorizes CalVet to investigate a veteran's financial status for admission purposes. 7) Requires that upon the death of a veteran in a home any monies not in excess of $3,000 held by the home for the veteran to be paid to the homes Morale, Welfare, and Recreation Fund, if no will or heir or other family member is discovered. 8) Authorizes: a) Married veteran home members to have their non-veteran spouses domicile with them. b) A resident spouse to continue residency after a veteran spouse's death. SB 980 Page 3 This bill: 1) Corrects and updates archaic and outdated terminology and references within the portion of the MVC that governs state veterans' homes. 2) Clarifies that the on-site home administrator to be the senior executive appointed to oversee the operations of a veterans' home. 3) Requires the CalVet Secretary (Secretary) to adopt uniform statewide policies and procedures, by regulation, for the operation of the veterans' home system. 4) Requires the Secretary to implement a statewide EMR system. 5) Requires the EMR system and all transactions made in that system to comply with the privacy and security protections, which the Legislature has enacted and the federal government mandated with regard to EMRs, in general. 6) Requires the Secretary to annually report to the veterans policy committees of the Legislature. 7) Requires that fees and charges be established by the Secretary. 8) Requires the Secretary to adopt rules and regulations that apply to the homes and the criteria for admission. 9) Provides that a resident spouse who continues residency after a veteran spouse's death to continue to pay all applicable fees and comply with all department regulations. SB 980 Page 4 10)Requires CalVet to determine the total worth of any member's property or assets for purposes of admission, including validating income levels for purposes of establishing fees. Background State veterans homes. The State of California provides veterans' homes to help provide for the state's aged or disabled veterans to acknowledge the service and tremendous sacrifices California veterans have made on behalf of our nation. CalVet's Veterans Homes Division provides rehabilitative, residential medical care and services in a homelike environment for aged and disabled veterans (and eligible veteran spouses) residing in eight veterans homes, which are located in Barstow, Chula Vista, Fresno, Lancaster. Redding, Ventura, West Los Angeles, and Yountville. As of April 2016, a total of 2,158 members resided in the homes. Many of the homes were built in the last 10 years and the state's laws and regulations governing the homes are not standardized. Also, some policies and procedures are outdated and need to be updated to reflect the level of care provided at the homes. Levels of care. The eight campuses offer different combinations of the following levels of care that generate increasing levels of cost: 1)Independent living/domiciliary care (Barstow, Chula Vista, Yountville): This level of care is for residents able to perform activities of daily living with, at most, minimal assistance. Non-nursing employees provide limited supervision. Residents have access SB 980 Page 5 to all of the Home's services, activities, and medical care. Individuals can transfer to higher levels of care as needed. Independent living is also referred to as Domiciliary by CalVet and the United States Department of Veterans Affairs. 2)Residential care/assisted living (All homes except Barstow): Residential Care Facilities for the Elderly (RCFE) are available for residents who require minimal assistance and supervision with some activities of daily living. RCFE services may include care by licensed nurses. In the future, memory care programs may be established within the RCFEs. 3)Intermediate care (Barstow, Yountville): This level is for residents who often require licensed nursing assistance with medications and treatments, and generally require unlicensed nursing assistance with several daily living activities. 4)Skilled nursing (Barstow, Chula Vista, Fresno, Redding, West LA, Yountville): This level of care provides 24-hour services of licensed nurses and certified nursing assistants, and is more comprehensive than intermediate care. Skilled nursing residents have greater access to rehabilitation therapies, nursing care, pharmacy management, structured activities and clinical dietary services. 5)Memory care: The Fresno, Redding, West LA and Yountville homes provide memory care programs within their skilled nursing facilities. SB 980 Page 6 6)Outpatient clinic: In addition to the above, each home provides an outpatient clinic to serve its members. The clinics provide comprehensive multidisciplinary assessments as well as ongoing primary care. The clinics address the veteran's routine care needs and also will arrange visits with outside medical specialists as necessary. Electronic medical records. New technologies and financial incentives have resulted in health care providers increasingly and actively using EMRs. An EMR is an electronic version of a patient's medical history, which is maintained by the provider over time, and may include all of the key administrative clinical data relevant to that persons care under a particular provider, including demographics, progress notes, problems, medications, vital signs, past medical history, immunizations, laboratory data and radiology reports The EMR automates access to the information and has the potential to streamline clinician workflow. The EMR also has the ability to support other care-related activities directly or indirectly through various interfaces, including evidence-based decision support, quality management, and outcomes reporting. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, though a precise estimate is unavailable at this time, this bill would likely result in costs to CalVet in the mid hundreds of thousands to update existing and develop new regulations. Additional unknown one-time costs would be incurred for the implementation of a statewide EMR system. These costs could range from negligible to significant depending upon the option used to fulfill this requirement (i.e. purchasing an off-the-shelf system or modeling the system off of one that exists in other state departments). Ongoing costs for CalVet to report to the Legislature on veterans' home-related performance issues, likely in the tens of thousands. (General Fund) SB 980 Page 7 SUPPORT: (Verified5/31/16) AMVETS - Department of California (co-source) California Association of County Veterans Service Officers (co-source) California Long-Term Care Ombudsman Association California State Commanders Veteran Council Military Officers Association of America - California Council of Chapters Veterans of Foreign Wars - Department of California Vietnam Veterans of American - California State Council OPPOSITION: (Verified5/31/16) None received Prepared by: Wade Teasdale / V.A. / (916) 651-1503 5/31/16 21:31:46 **** END ****