BILL ANALYSIS
AB 392
Page 1
ASSEMBLY THIRD READING
AB 392 (Feuer and Jones)
As Amended May 11, 2009
2/3 vote. Urgency
HEALTH 13-0 APPROPRIATIONS 16-0
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|Ayes:|Jones, Fletcher, Adams, |Ayes:|De Leon, Nielsen, |
| |De La Torre, De Leon, | |Ammiano, |
| |Gaines, Hall, Hayashi, | |Charles Calderon, |
| |Hernandez, Bonnie | |Krekorian, Duvall, |
| |Lowenthal, Hill, Salas, | |Fuentes, Monning, Harkey, |
| |Audra Strickland | |Miller, John A. Perez, |
| | | |Price, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
| | | | |
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SUMMARY : Appropriates $1.6 million from the Federal Health
Facilities Citation Penalties Account (Federal Account) to
support local long-term care (LTC) ombudsman programs
administered by the California Department of Aging (CDA).
EXISTING LAW :
1)Authorizes the California State LTC Ombudsman Program under
the federal Older Americans Act and its State companion, the
Older Californians Act, to investigate and endeavor to resolve
complaints made by, or on behalf of, individual residents in
long-term care facilities.
2)Establishes the State Health Facilities Citation Penalties
Account (State Account), into which monies derived from civil
penalties levied against long-term care facilities for
violations of state law are deposited.
3)Establishes the Federal Account, into which monies derived
from civil penalties levied against long-term care facilities
for violations of federal law are deposited.
4)Makes this bill an urgency statute that will take effect
immediately upon enactment.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, a one-time $1.6 million (federal) appropriation to
CDA to partially backfill a $3.6 million line-item veto enacted
in the 2008-09 Budget Act. This bill makes funds available for
expenditure through 2009-10. Any unspent funds at the end of
2009-10 revert to the original Federal Account.
COMMENTS : According to the author, in September of 2008,
Governor Schwarzenegger, through a line item veto, eliminated
all state funding for the LTC Ombudsman Program, approximately
$3.8 million, which represented about half of the local program
funding. According to the sponsors of this bill, as of January
5, 2009, more than 80 staff ombudsman positions had been
eliminated due to the state funding cuts. Advocates maintain
that the funding cuts are causing a devastating impact on LTC
ombudsman programs throughout California and are greatly
compromising their abilities to investigate complaints, monitor
facilities, and advocate on behalf of long-term care facility
residents, putting the most vulnerable segment of our population
at greater risk of abuse and neglect. Supporters maintain that
ombudsman presence, advocacy, and intervention are crucial to
the safety and well-being of facility residents.
According to CDA's Web site, since its inception over thirty
years ago, the primary responsibility of the LTC Ombudsman
Program is to investigate and endeavor to resolve complaints
made by, or on behalf of, individual residents in long-term care
facilities. These facilities include nursing homes, residential
care facilities for the elderly, and assisted-living facilities.
The LTC Ombudsman Program also investigates elder abuse
complaints in long-term care facilities and in residential care
facilities for the elderly.
The LTC Ombudsman Program is administered by CDA and is a
community-supported program that extensively utilizes
volunteers. The paid staff of 35 local Ombudsman Program
Coordinators are responsible for recruiting, training, and
supervising nearly 1,200 volunteer state-certified ombudsman
representatives. The LTC Ombudsman Program's goal to advocate
for the rights of all residents of long-term care facilities
takes two forms: a) To receive and resolve individual
complaints and issues by, or on behalf of, these residents; and,
b) To pursue resident advocacy in the long-term care system, its
laws, policies, regulations, and administration through public
education and consensus building. Residents or their family
members can file a complaint directly with the LTC Ombudsman or
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by calling the state administered CRISISline. All long-term
care facilities are required to post, in a conspicuous location,
the phone number for the local ombudsman office and the
toll-free Statewide CRISISline number. The CRISISline is
available 24 hours a day, 7 days a week to take calls and refer
complaints from residents.
According to the Department of Public Health, current state law
provides the authority to deposit monies colleted as a result of
state and federal civil penalties imposed against health
facilities for non-compliance with state and federal laws into
two accounts: the State Account and the Federal Account.
Monies from these accounts are to be used, upon appropriation by
the Legislature, in accordance with state and federal law for
the protection of health or property of residents of long-term
health care facilities, including, but not limited to the
following: a) relocation expenses incurred by the state, in the
event of a facility closure; b) maintenance of facility
operation pending correction of deficiencies or closure, such as
temporary management or receivership; c) reimbursing residents
for personal funds lost; and, d) costs associated with
informational meetings required under existing law.
There is a $10 million cap on the allowable fund balance for the
State Account. There is no cap on the fund balance for the
Federal Account.
Analysis Prepared by : Deborah Kelch / HEALTH / (916) 319-2097
FN: 0000615