BILL NUMBER: AB 392	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Members Feuer and Jones
   (Principal coauthor: Assembly Member Bonnie Lowenthal)
   (Principal coauthor: Senator Alquist)
   (Coauthors: Assembly Members  Huffman,  Lieu, Monning,
and Ruskin)

                        FEBRUARY 23, 2009

   An act relating to long-term health care facilities,  and
 making an appropriation therefor  , and declaring the
urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 392, as amended, Feuer. Long-term health care facilities.
   Existing law provides for the licensure of long-term health care
facilities by the State Department of Public Health. Under existing
law, the Long-Term Care, Health, Safety, and Security Act of 1973,
the department may assess penalties for violation of prescribed state
and federal requirements. Moneys collected as a result of the
penalties imposed pursuant to these provisions are required to be
deposited into either the State Health Facilities Citation Penalties
Account or the Federal Health Facilities Citation Penalties Account,
and used, upon appropriation by the Legislature, for the protection
of health or property of residents of long-term health care
facilities, including reimbursing residents for personal funds lost
and costs associated with informational meetings.
   Existing law establishes the Office of the State Long-Term Care
Ombudsman in the California Department of Aging. Under existing law,
the office is responsible for, among other things, investigating and
resolving complaints and concerns communicated by or on behalf of
patients, residents, or clients of long-term care facilities, as
defined. Existing law authorizes the California Department of Aging
to allocate all federal and state funds for local ombudsman programs
according to a specified distribution schedule.
   This bill would appropriate $1.6 million from the Federal Health
Facilities Citation Penalties Account to the California Department of
Aging for local ombudsman programs, to be used before the end of the
2009-10 fiscal year. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The sum of one million six hundred thousand dollars
($1,600,000) is hereby appropriated from the Federal Health
Facilities Citation Penalties Account to the California Department of
Aging for use in funding local ombudsman programs pursuant to the
distribution schedule in Section 9719.5 of the Welfare and
Institutions Code. These funds may be used for this purpose through
the end of the 2009-10 fiscal year, at which time remaining funds
shall revert to the originating account.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect the safety of older Californians by funding
vital inspection services for long-term care facilities, it is
necessary that this bill take effect immediately.