BILL NUMBER: AB 868 CHAPTERED 10/10/99 CHAPTER 943 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 10, 1999 PASSED THE ASSEMBLY AUGUST 26, 1999 PASSED THE SENATE AUGUST 24, 1999 AMENDED IN SENATE AUGUST 19, 1999 AMENDED IN SENATE JUNE 10, 1999 INTRODUCED BY Assembly Member Cardoza FEBRUARY 25, 1999 An act to amend Sections 9712 and 9740 of, to add Section 9710.5 to, and to add Article 6 (commencing with Section 9745) to Chapter 11 of Division 8.5 of, the Welfare and Institutions Code, relating to elderly persons. LEGISLATIVE COUNSEL'S DIGEST AB 868, Cardoza. Long-Term Care Ombudsman Program. Existing law, as part of the Mello-Granlund Older Californians Act, provides for the Long-Term Care Ombudsman Program, headed by the State Long-Term Care Ombudsman in the California Department of Aging. Under this program funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities. This bill would encourage the director to do certain things with respect to publicizing a vacancy in the office of the State Ombudsman, and would revise the standards of training and experience required of the State Ombudsman. Existing law requires the department to establish an 11-member advisory council to provide advice and consultation to the State Long-Term Care Ombudsman on issues affecting the provision of ombudsman services and recommendations as appropriate. This bill would require the council to review any proposed policy changes to the operation of the State Long-Term Care Ombudsman Program, and permit the council to make recommendations, as specified. Existing law permits the department to adopt regulations, including emergency regulations, implementing the Mello-Granlund Older Californians Act. The bill would require the department to adopt regulations implementing the State Long-Term Care Ombudsman Program. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9710.5 is added to the Welfare and Institutions Code, to read: 9710.5. (a) The Legislature finds and declares as follows: (1) The position of State Ombudsman is extremely important to the successful coordination of ombudsman services at the local level. (2) The position of State Ombudsman requires both an extensive background in social or health services programs, and an ability to manage and motivate individuals and groups. (3) Remuneration for the position of State Ombudsman should be commensurate with the demands of the position. (b) The Legislature, therefore, encourages the Director of the California Department of Aging, to do all of the following: (1) Provide widespread notification of the availability of the position of State Long-Term Care Ombudsman in order to reach the greatest number of qualified candidates and hire the most capable individual for the position. (2) Within 10 days of the occurrence of a vacancy, publicly announce the vacancy and solicit candidates for the position. (3) Within 30 days of the occurrence of a vacancy, convene a meeting with the advisory council established by Section 9740, for the purpose of obtaining the advice, consultation, and recommendations of the council regarding the selection of a candidate. SEC. 2. Section 9712 of the Welfare and Institutions Code is amended to read: 9712. (a) (1) The State Ombudsman shall possess at least a bachelor's degree, and have a minimum of five years' professional experience that shall include at least three of the following four areas: (A) Gerontology, long-term care, or other relevant social services or health services programs. (B) The legal system and the legislative process. (C) Dispute or problem resolution techniques, including investigation, mediation, and negotiation. (D) Organizational management and program administration. (2) The professional experience described in paragraph (1) requires any reasonable combination of the fields described in subparagraphs (A) to (D), inclusive, of that paragraph for a total of five years, and does not require five years' experience in each area. At the discretion of the director, a master's or doctorate degree relevant to a field described in paragraph (1) may be substituted for one or two years, respectively, of professional experience. However, the applicant's professional experience and field of study leading to the master's or doctorate degree shall, nevertheless, include all of the fields described in paragraph (1). (b) The State Ombudsman may not have been employed by any long-term care facility within the three-year period immediately preceding his or her appointment. (c) Neither the State Ombudsman nor any member of his or her immediate family may have, or have had within the past three years, any pecuniary interest in long-term health care facilities. SEC. 3. Section 9740 of the Welfare and Institutions Code is amended to read: 9740. (a) The department shall establish an 11-member advisory council for the office. Members of the council shall be appointed by the director, and shall consist of representatives of community organizations, area agencies on aging, two long-term care providers, federal Older Americans Act funded direct services providers, the commission, the California Long-Term Care Ombudsman Association, county government, and other appropriate governmental agencies. The director shall make the appointments from lists of no less than five names submitted by each of the designated entities. (b) The advisory council shall provide advice and consultation to the State Long-Term Care Ombudsman Program and the director on issues affecting the provision of ombudsman services, including the review of proposed policy changes to the operation of the program, and may make recommendations, within 30 days, as appropriate. The advisory council shall meet at least three times annually. Representatives on the advisory council shall receive their actual and necessary travel and other expenses incurred in participation on the advisory council. SEC. 4. Article 6 (commencing with Section 9745) is added to Chapter 11 of Division 8.5 of the Welfare and Institutions Code, to read: Article 6. Regulations 9745. The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations after January 1, 1999, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this chapter shall remain in effect for no more than 180 days.