BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1
                                                                  Page  1

          Date of Hearing:   March 18, 2003

                   ASSEMBLY COMMITTEE ON AGING AND LONG TERM CARE
                               Lynn M. Daucher, Chair
                    AB 1 (Berg) - As Introduced:  December 2, 2002
           
          SUBJECT  : Funding for Area Agencies on Aging

           SUMMARY  : In the absence of the enactment of the budget act by  
          July 1 of the fiscal year, this bill appropriates from the  
          Federal Trust Fund to the California Department of Aging (CDA)  
          the amount of the Federal Trust Fund that is necessary for the  
          administration of programs under the jurisdiction of the Area  
          Agencies on Aging (AAAs).  Specifically,  this bill  : 

          1) Allows the Department of Finance to reduce the applicable  
            budget act allocations by the amount of the payments made  
            pursuant to this subdivision.

          2)Requires payments made to the AAAs pursuant to this section be  
            made on July 15 with payments to be made on the 15th of each  
            month thereafter until the enactment of the Budget Act.

          3)Specifies the measure will take effect as an urgency action to  
            ensure that the AAAs will be able to prevent interruptions in  
            important services provided to elderly persons.

           EXISTING LAW
           
          1)Establishes the CDA as the state agency that administers a  
            broad range of home- and community-based services throughout  
            California.

          2)Establishes the AAAs as the local entities that provide for  
            and/or deliver services at the local level.  The 33 AAAs  
            administer these programs in compliance with the Older  
            Americans Act, the Older Californians Act and other applicable  
            regulations.

          3)Establishes the Medical Providers Interim Payment Fund to  
            continuously appropriate funds to Medi-Cal providers, the AIDS  
            drug assistance programs and developmental services programs  
            in the event the budget is not passed on time.  The Controller  
            is authorized to loan up to $2 billion to the fund to cover  
            the cost of these claims when the budget is stalled.








                                                                  AB 1
                                                                  Page  2


           FISCAL EFFECT  :   Not known

           COMMENTS  : 

          This bill provides that in the absence of the enactment of the  
          annual budget act by July 1, an amount be continuously  
          appropriated from the Federal Trust Fund to CDA to continue the  
          programs operated by the local AAAs.  Once the budget is  
          enacted, the Department of Finance is authorized to reduce the  
          amounts appropriated in the budget by the amount advanced  
          pursuant to this statute. Ninety percent of the funding  
          distributed by the CDA for the 33 AAAs is received from the  
          federal government.  The remaining ten percent is appropriated  
          from the General Fund.  

           PURPOSE OF THE BILL:  The bill would ensure continued funding of  
          services to the elderly in the event of a budget delay.  Under  
          current law, CDA cannot allocate the federal funds to local  
          agencies to continue services.  It is difficult for local AAAs  
          to borrow funds to temporarily continue services and the payment  
          of interest is not an allowable federal expenditure.

           RELATED LEGISLATION:   Previous measures, identical to this bill  
          have been held in Appropriations Committees.  In 1999, an  
          identical measure, SB 657 (Ortiz) was held in Senate  
          Appropriations Committee.  In 2001, AB 2552 (Daucher) was held  
          in Assembly Appropriations Committee.  

          AB 561 (Scott, Chapter 993, Statutes of 1998) enacted a funding  
          mechanism to protect MediCal providers, developmental  
          disabilities providers and the AIDS drug assistance program in  
          the event of a budget delay.  This measure provided for a loan  
          of up to one billion in state general funds and up to one  
          billion in federal funds to the Medical Providers Interim  
          Payment in order to continue making payments to specified  
          providers in the event the budget was not signed by June 30 of  
          any year.  AB 41 (Daucher) which proposes to set up the Senior  
          Citizens Interim Payment Fund, has been introduced this year.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Area 4 Agency on Aging 








                                                                  AB 1
                                                                  Page  3

          Area 4 Agency on Aging Advisory Council of Huntington Beach
          Area 4 Agency on Aging Advisory Council of San Luis Obispo
          Area 4 Agency on Aging Advisory Council of Santa Barbara
          Area 4 Agency on Aging Advisory Council of West Sacramento
          CHP Plus
          California Association of Area Agencies on Aging
          California Commission on Aging
          California Retired Teachers Association
          California Senior Coalition
          California Senior Legislature 
          City of West Sacramento
          Congress of California Seniors
          County of Ventura, Area Agency on Aging
          Foothill Volunteer Center
          Fresno-Madera Agency on Aging
          Gold County Telecare, Inc.
          Gray Panthers
          Health For All, Inc.
          Imperial County Area Agency on Aging
          Lake and Mendocino Counties Council on Aging 
          Legal Center for the Elderly and Disabled
          Merced County Human Services Agency
          Older Women's League of California
          Riverside County Advisory Council on Aging
          Sacramento County Adult & Aging Commission
          San Joaquin County Commission on Aging
          Senior Citizens Advisory Council, Orange County
          Senior Citizens' Foundation of Western Nevada County
          Seniors First
          Sutter County Commission on Aging (14 members)
          TACC, Triple-A Council of California
          UC Davis Care Management
          Yuba County Commission on Aging

           Opposition 
           
          None on file

           
          Analysis Prepared by  :    Bonnie Darwin / AGING & L.T.C. / (916)  
          319-3990