BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 980|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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          and (3) correct and update outdated terminology and references  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:








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          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.







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          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.







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           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  







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            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.









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          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)







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          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


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