BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 392|
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THIRD READING
Bill No: AB 392
Author: Feuer (D), et al
Amended: 5/11/09 in Assembly
Vote: 27 - Urgency
SENATE HEALTH COMMITTEE : 9-1, 6/10/09
AYES: Alquist, Strickland, Cedillo, Cox, DeSaulnier, Leno,
Maldonado, Negrete McLeod, Wolk
NOES: Aanestad
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : 10-0, 7/13/09
AYES: Kehoe, Cox, Corbett, Denham, Leno, Price, Walters,
Wolk, Wyland, Yee
NO VOTE RECORDED: Hancock, Oropeza, Runner
ASSEMBLY FLOOR : 72-0, 5/14/09 - See last page for vote
SUBJECT : Appropriation for local ombudsman programs
SOURCE : AARP California
Bet Tzedek Legal Services
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
Catholic Charities of California
California Commission on Aging
Health Insurance Counseling and Advocacy
Program
Services of Northern California
Ombudsman Services of Northern California
CONTINUED
AB 392
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DIGEST : This bill appropriates $1.6 million from the
Federal Health Facilities Citation Penalties Account to the
Department of Aging for local ombudsman programs.
ANALYSIS : Under existing law, long-term health care
facilities are defined to include skilled nursing
facilities, intermediate care facilities, congregate living
facilities, nursing facilities, and pediatric day health
and respite facilities. Existing law requires the
Department of Public Health (DPH) to inspect and license
health facilities. Under existing law, the Long-Term Care,
Health, Safety, and Security Act of 1973, DPH can assess
penalties for violations of prescribed state and federal
requirements.
Money collected as a result of state and federal civil
penalties imposed under the existing state Long-Term Care,
Health, Safety, and Security Act of 1973, or federal law,
must be deposited into the State Health Facilities Citation
Penalties Account, which contains money collected from
violations of state law, or the Federal Health Facilities
Citation Penalties Account, which contains money collected
from violations of federal law.
Existing law establishes the California State Long-Term
Care Ombudsman Program within the Department of Aging
(CDA), and requires the Office of the State Long-Term Care
Ombudsman to investigate and seek to resolve complaints and
concerns communicated by, or on behalf of, patients,
residents, or clients of any long-term care facility
(nursing facility, skilled nursing facility or residential
care facilities for the elderly). Existing state law sets
forth a distribution formula by which CDA must allocate
federal and state funds for local ombudsman programs.
This bill appropriates $1.6 million from the Federal Health
Facilities Citation Penalties Account to CDA for use in
funding local ombudsman programs under the existing
distribution schedule. This bill authorizes these funds to
be used for this purpose through the end of the 2009-10
fiscal year, at which time remaining funds would be
required to revert to the originating account.
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Background
According to CDA, the primary responsibility of the
ombudsman program is to investigate and endeavor to resolve
complaints made by, or on behalf of, individual residents
in long-term care facilities. CDA indicates the Office of
the State Long-Term Care Ombudsman develops policy and
provides oversight to the local Long-Term Care Ombudsman
Programs, confers with state licensing agencies regarding
difficult cases, meets with CDA legal counsel to clarify
laws and develop plans for implementing them, defines
program roles, and provides ongoing statewide ombudsman
training. Residents or their family members can file a
complaint directly with the local Long-Term Care Ombudsman
or by calling a statewide toll-free telephone line.
CDA indicates the local Long-Term Care Ombudsman Program is
a community-supported program. Volunteers are an integral
part of this program. The Office of the State Long-Term
Care Ombudsman and its 35 local ombudsman program
coordinators are responsible for recruiting, training, and
supervising the volunteer ombudsman representatives.
In February 2009, CDA estimated as a result of the
Governor's budget veto, the number of paid staff in local
ombudsman programs will decline from 183 in 2007-08, to 117
in 2008-09, and 108 in 2009-10. CDA estimates the number
of complaints received will fall from 53,443 in 2007-08, to
40,082 in 2008-09, and 37,410 in 2009-10, with the number
of complaints verified and closed also projected to
decline. CDA currently projects the number of volunteers
will increase from 858 in 2007-08, to 950 in 2008-09, and
declining to 850 in 2009-10. CDA estimates there will be
approximately 1,375 skilled nursing facilities and 8,050
residential care facilities for the elderly, with a
combined total of 296,000 beds, in California in 2009-10.
The 2007-08 budget appropriated $3.9 million General Fund
in local assistance funding for the Ombudsman Program and
for Elder Abuse Prevention. Governor Schwarzenegger
line-item vetoed all General Fund spending in 2008-09, and
proposed no General Fund funding for local assistance in
2009-10. In his veto message, the Governor cited the need
to control state spending. Total local assistance funding
for the local ombudsman programs in 2009-10 is $4.2 million
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($2.7 million federal funds, $1.4 million special deposit
funds from the Federal Account, with no General Fund
funding).
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Appropriation to CDA $1,600 $0
$0Special*
* Federal Health Facilities Citation Penalties Account
SUPPORT : (Verified 7/14/09)
AARP California (co-source)
Bet Tzedek Legal Services (co-source)
California Advocates for Nursing Home Reform (co-source)
California Alliance for Retired Americans (co-source)
Catholic Charities of California (co-source)
California Commission on Aging (co-source)
Health Insurance Counseling and Advocacy Program Services
of Northern California (co-source)
Ombudsman Services of Northern California (co-source)
Aging Services of California
Alzheimer's Association
Alliance on Aging
Catholic Charities Diocese of Stockton
Congress of California Seniors
Council on Aging-Orange County Ombudsman
Counties of Orange, San Bernardino, San Francisco, Santa
Clara, and Ventura
Damar Construction Inc.
Long Term Care Services of Ventura County, Inc.
Marin County Commission on Aging
Regional Council of Rural Counties
San Bernardino County Board of Supervisors
St. John's Pleasant Valley Hospital
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ARGUMENTS IN SUPPORT : Supporters of this bill include
numerous individuals, senior organizations and
organizations serving seniors and residents of long-term
care facilities, which argue that last year's $3.8 million
state budget cut to California's local ombudsman programs
severely compromised the programs' ability to provide
services and has put long-term care residents at risk of
abuse and neglect. Supporters state that residents and/or
their families are often hesitant to make complaints to the
appropriate regulatory agency fearing retaliation by the
facility staff. Supporters further state that residents
depend on ombudsmen to provide a voice for them when their
rights have been violated, and that ombudsman presence,
advocacy, and intervention are crucial to the safety and
well-being of facility residents.
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuller,
Furutani, Galgiani, Garrick, Gilmore, Hagman, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Silva, Skinner, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada
NO VOTE RECORDED: Ammiano, DeVore, Fuentes, Gaines, Hall,
Saldana, Smyth, Bass
CTW:mw 7/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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