BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE HEALTH AND HUMAN SERVICES
                               COMMITTEE ANALYSIS
                        Senator Deborah V. Ortiz, Chair


          BILL NO:       AB 528                                       
          A
          AUTHOR:        Mullin                                       
          B
          AMENDED:       June 11, 2003
          HEARING DATE:  June 18, 2003                                
          5
          FISCAL:        Appropriations                               
          2
                                                                      
          8
          CONSULTANT:                                              
          Vazquez / sl
                                        

                                     SUBJECT
                                         
            Alzheimer's disease: residential care facilities for the  
                                    elderly

                                     SUMMARY  

          This bill encourages Residential Care Facilities for the  
          Elderly (RCFEs) to create programs and activities to  
          mitigate the effects of sundown syndrome. 

                                     ABSTRACT  

          Existing law:
          1.Provides for the licensure and regulation of RCFEs by the  
            State Department of Social Services (DSS).

          2.Establishes the Alzheimer's Disease Program, administered  
            by the Department of Health Services (DHS), which  
            oversees ten Alzheimer's Disease Research Centers of  
            California (ARDCC) at university medical centers  
            throughout California, for the purpose of research into  
            the causes, treatment, cures, coping strategies,  
            prevention, incidence, and prevalence of Alzheimer's  
            disease and related disorders.

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          3.Establishes the Alzheimer's Disease and Related Disorders  
            Research Fund, administered by DHS, and establishes a tax  
            check-off option on the State Income Tax return to permit  
            Californians to make contributions.

          This bill:
          1.Makes findings and declarations relating to Alzheimer's  
            disease and related disorders, including: 
                 Alzheimer's disease and related disorders are  
               responsible for 50 percent of all nursing home  
               admissions and Alzheimer's disease is the fourth  
               leading cause of death in adults. 

                 It is important to provide for the best quality of  
               life for those affected by this disease by providing  
               activities and programs that are adapted for the  
               unique needs of Alzheimer's patients, including  
               programs designed to decrease the effects of "sundown  
               syndrome." 

          1.Defines "sundown syndrome" as recurring confusion and  
            increasing levels of agitation that coincide with the  
            onset of late afternoon and early evening.  

          2.Requires DSS to encourage RCFEs that serve Alzheimer's  
            patients to create activities and programs that are  
            designed to decrease the effects of sundown syndrome,  
            including, but not limited to, increasing outdoor  
            activities in appropriate weather conditions.  

                                  FISCAL IMPACT
           
          According to the Assembly Committee on Appropriations, the  
          measure imposes minor absorbable costs to DSS to request  
          that RCFEs emphasize or increase certain kinds of  
          activities. 

                            BACKGROUND AND DISCUSSION  

          Background
          According to the author, sundown syndrome is defined as a  
          syndrome of recurring confusion and increasing levels of  
          agitation, which coincide with the onset of late afternoon  
          and early evening.  It is commonly associated with patients  
          suffering from dementia, particularly Alzheimer's patients.  
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           While the exact cause of sundown syndrome is not known,  
          experts believe there are several contributing factors,  
          including physical and mental exhaustion (after a long  
          day), and a shift in the "internal body clock" caused by  
          the change from daylight to dark.  Some people with  
          Alzheimer's disease have trouble sleeping at night, which  
          may contribute to their disorientation.  This syndrome can  
          be draining for the person with Alzheimer's disease and his  
          or her caregivers.

          The author asserts that various activities can help to  
          decrease the effects of sundown syndrome, including support  
          of activities that promote regular exercise.  Frequent  
          walks outdoors in the bright light not only provides  
          exercise, but it also exposes the patient to much-needed  
          sunlight.  Research has shown that patients sleep better  
          and longer if they receive adequate daily sunlight  
          exposure.  Research has also found that many Alzheimer  
          patients have low blood levels of melatonin, so it is even  
          more vital to increase melatonin production by bright light  
          exposure daily.  

          Arguments in support 
          Proponents applaud the author's effort to provide better  
          services for elders that reside in residential care  
          facilities.  Social workers practicing in this area note  
          that caring for a person with Alzheimer's disease or other  
          forms of dementia can be a particularly distressful  
          experience, especially when the caregiver is confronted  
          with agitated or anxious behaviors.  Unlike purely  
          physiological ailments, dementia is experienced by 














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          many as behavior within a social context, which a caregiver  
          may react to with feelings of frustration, hurt, anger, or  
          insult.  This bill encourages discussion of some behaviors  
          associated with Alzheimer's disease and other dementia in  
          the context of the disease itself.  By framing the  
          discussion in this manner, and by exploring strategies that  
          mitigate distressful behaviors, caregivers can become  
          better equipped to care for those with dementia, and the  
          elderly can benefit from these interventions. 

          Arguments in opposition 
          Opponents argue that the bill will raise costs to RCFEs  
          because it is requiring "encouragement" of activities and  
          programs in the late afternoon and evening hours, which  
          will necessitate additional staff time and payment.  These  
          costs will be passed on to the residents, further limiting  
          the availability of residential assisting living to  
          seniors.  The state Commission on Aging also writes in  
          opposition that the measure lacks research and supporting  
          evidence that these programs are appropriate care for  
          treatment of Alzheimer's.  

          Related legislation 
          SB 639 (Ortiz, Chapter 692, Statutes of 2001) requires the  
          Health and Human Services Agency to develop a strategic  
          plan for improving access to mental health services by  
          persons with Alzheimer's disease or related disorders.  

          AB 1753 (Romero, Chapter 434, Statutes of 2000) enacted the  
          Alzheimer's Training Act of 2000 and included provisions  
          that certain information for special features for persons  
          with dementia be included in an RCFE plan of operation and  
          that the plan be available to the public upon request.  

                                  PRIOR ACTIONS

           Assembly Floor:          49 - 25  Pass
          Assembly Appropriations: 17 - 0    Do Pass
          Assembly Human Services:   5 - 0    Do Pass As Amended

                                    POSITIONS  

          Support:       California Senior Legislature (sponsor)
                         American Federation of State, County, and  
          Municipal Employees
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                         Congress of California Seniors
                         Gray Panthers California
                         San Joaquin County Commission on Aging

          Oppose:   California Association of Homes and Services for  
          the Aging
                         California Commission on Aging






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