BILL NUMBER: AB 452 CHAPTERED 10/10/99 CHAPTER 895 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 9, 1999 PASSED THE ASSEMBLY AUGUST 31, 1999 PASSED THE SENATE AUGUST 23, 1999 AMENDED IN SENATE AUGUST 16, 1999 AMENDED IN SENATE JUNE 24, 1999 AMENDED IN ASSEMBLY APRIL 13, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 AMENDED IN ASSEMBLY MARCH 22, 1999 INTRODUCED BY Assembly Member Mazzoni (Coauthors: Assembly Members Alquist, Bock, Nakano, and Zettel) FEBRUARY 16, 1999 An act to add and repeal Section 12803.2 of the Government Code, relating to long-term care programs. LEGISLATIVE COUNSEL'S DIGEST AB 452, Mazzoni. Long-term care programs. Existing law provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law provides for the licensure of long-term health care facilities by the State Department of Health Services. This bill would enact the Mazzoni Long-Term Care Act of 2000. It would declare the intent of the Legislature to enact legislation to improve the state-level administration of public long-term care programs. Existing law provides for the California Health and Human Services Agency that consists of the State Department of Health Services, the State Department of Mental Health, the State Department of Developmental Services, the State Department of Social Services, the State Department of Alcohol and Drug Programs, the California Department of Aging, the Department of Rehabilitation, the Department of Community Services and Development, the Office of Statewide Health Planning and Development, and the State Council on Developmental Disabilities. This bill would, until January 1, 2007, establish a Long-term Care Council within the California Health and Human Services Agency as an interdepartmental, interagency council to, among other things, coordinate long-term care policy development and program operations and develop a strategic plan for long-term care policy. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation to improve the state-level administration of public long-term care programs. SEC. 2. This act shall be known, and may be cited, as the Mazzoni Long-Term Care Act of 2000. SEC. 3. Section 12803.2 is added to the Government Code, to read: 12803.2. (a) (1) The Secretary of the California Health and Human Services Agency shall establish and staff within the agency the Long-term Care Council. (2) The Long-term Care Council shall be an interdepartmental, interagency council that shall coordinate long-term care policy development and program operations and shall develop a strategic plan for long-term care policy. The Long-term Care Council shall provide leadership in developing a long-term care system out of the array of programs, in existence as of January 1, 2000, that provide long-term care services. (b) The Long-term Care Council, chaired by the Secretary of the California Health and Human Services Agency, shall hold open meetings no less than quarterly and its membership shall consist of the directors of all of the following departments: (1) California Department of Aging. (2) State Department of Developmental Services. (3) Department of Veterans Affairs. (4) State Department of Health Services. (5) State Department of Mental Health. (6) State Department of Social Services. (7) Department of Rehabilitation. (8) Office of Statewide Health Planning and Development. (c) The Long-term Care Council shall have an executive subcommittee that is chaired by the designated Assistant Secretary of the California Health and Human Services Agency and the membership of which is comprised of appropriate deputy directors or other officers, as selected by the director of each respective department and office listed in subdivision (b). The executive subcommittee shall meet as often as necessary to accomplish the tasks enumerated in subdivision (d). The executive subcommittee shall report to the Long-term Care Council at its regularly scheduled quarterly meetings. (d) The Long-term Care Council shall have all of the following duties: (1) To promote coordinated planning and policy development with regard to the provision of long-term care services, including, but not limited to, addressing the need for data on the utilization and cost of long-term care services. In performing this duty, the Long-term Care Council shall consider and act on, as appropriate, Chapter 4 of the January 1999 California Health and Human Services Agency report entitled "Report on Long-Term Care Programs and Options for Integration." (2) To develop strategies to improve quality and accessibility of consumer information on available long-term care programs administered by the state departments represented on the Long-term Care Council. (3) To develop strategies to better monitor the consumer responsiveness of long-term care services and programs. (4) To develop strategies to streamline the regulatory process, including licensing and certification functions, while promoting a strong working relationship between state government and local and federal agencies, providers, caregivers, consumers, and other appropriate parties. In performing this duty, the Long-term Care Council shall consider and act on, as appropriate, Chapter 5 of the January 1999 California Health and Human Services Agency report entitled "Report on Long-Term Care Programs and Options for Integration." (5) To develop priorities and strategies for enhancing the overall availability and quality of long-term care services by identifying and responding to consumers currently being underserved, or outside of, the current long-term care system including, but not limited to, survivors of traumatic brain injury and other underserved populations. (6) To establish appropriate mechanisms to achieve the objectives outlined in this subdivision, including, for example, by creating ad hoc or standing advisory committees or holding public hearings for the purpose of soliciting and receiving input. (7) To provide to the Legislature, on or before January 1, 2003, a study of trends affecting the need for long-term care services and other supportive services for the elderly and for younger adults with disabilities. The council shall seek appropriate support and assistance from foundations, the federal government, and universities, in order to carry out the study within existing state resources. In developing and overseeing the study, the council shall also seek the cooperation and advice of the Legislative Analyst, foundations, qualified California universities, local government, and appropriate organizations representing the elderly and disabled. The study may examine all of the following topics: (A) Population trends. (B) Sociodemographic characteristics. (C) Housing and transportation needs. (D) Health care and long-term care delivery and utilization. (E) Social support structures. (8) To establish priorities and develop timelines for carrying out the duties prescribed by this subdivision. Initially, the Long-term Care Council shall include among its first priorities the development of methods to improve consumer access to long-term care information. (9) Prior to submitting budgets to the Department of Finance, to review and make recommendations on aspects of the represented department budgets that pertain to long-term care programs and services. (10) To report annually to the Legislature, commencing January 2001, on progress to date on the duties enumerated in this subdivision and making note of any additional legislation or resources needed. (e) The Legislative Analyst shall include in the Analysis of the 2001-02 Governor's Budget and the Analysis of the 2006-07 Governor's Budget a summary of spending on state long-term care programs and, to the extent feasible, estimates of the population served by each program. (f) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date.