BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           392 (Feuer)
          
          Hearing Date:  7/13/2009        Amended: 5/11/2009
          Consultant: Katie Johnson       Policy Vote: Health 9-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  AB 392, an urgency measure, would appropriate  
          $1.6 million from the Federal Health Facilities Citation  
          Penalties Account to the California Department of Aging (CDA) to  
          fund local ombudsman programs.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          Appropriation to CDA                 $1,600            $0         
           $0                      Special*

          *Federal Health Facilities Citation Penalties Account
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  This bill meets the criteria for referral to  
          the Suspense File.

          Existing law establishes the Office of the State Long-Term Care  
          Ombudsman in the CDA which has the responsibility of  
          investigating and resolving complaints and concerns communicated  
          by or on behalf of the patients of long-term care facilities. 35  
          local ombudsman coordinators and volunteers administer the local  
          ombudsman programs, monitor facilities, and respond to local  
          complaints.

          Existing law establishes the Federal and State Health Facilities  
          Citation Penalties Accounts as repositories for civil penalties  
          assessed on long-term care facilities under federal and state  
          law. These funds may be appropriated by the Legislature for the  
          protection of health or property of residents of long-term care  
          facilities. 

          This bill would make a one-time appropriation of $1.6 million  
          from the Federal Health Facilities Citation Penalties Account  










          (federal account) to the CDA to fund local ombudsman programs.  
          The federal account's current fund balance is approximately $2.9  
          million. In FY 2008-2009, account revenues were $344,000.

          In the 2008-2009 Budget Act, a $3.8 million General Fund  
          appropriation for the ombudsman programs was line-item vetoed.  
          The local assistance ombudsman budget in FY 2007-2008 was $7.2  
          million, including the $3.8 million General Fund. This bill  
          would partially backfill that elimination through the end of FY  
          2009-2010 and any unused moneys would revert to the federal  
          account. These monies would not be available for ongoing program  
          funding.

          The proposed FY 2009-2010 local assistance ombudsman budget is  
          $4.2 million from federal and special funds. This bill would add  
          an additional $1.6 million in special funds to that estimate.