BILL ANALYSIS
AB 935
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 935 (Feuer) - As Amended: April 16, 2009
Policy Committee: Health Vote:14-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires at least half of the funds in the California
Department of Public Health (DPH) State Health Facilities
Citation Penalties Account (state account) and the Federal
Health Facilities Citation Penalties Account (federal account)
be used to support local long-term care (LTC) ombudsman programs
administered by the California Department of Aging (CDA). In
addition, this bill requires any remaining funds to be used to
protect the health and safety of nursing home residents.
FISCAL EFFECT
1)An annual shift of special funds to support the LTC ombudsman
program. If based on 2008-09 account balances, this bill would
shift $5.4 million (special fund) to the LTC ombudsman
program. The revenues into these two special fund accounts are
provided by citations levied by DPH and the federal Centers
for Medicare and Medicaid against nursing homes for violations
of health and safety standards.
2)This bill reprioritizes current DPH and CDA health and safety
efforts by requiring a specific focus on LTC ombudsman
programming and placing other activities as lesser priorities.
The special funds addressed in this bill are used, upon
appropriation, to support activities protecting the health and
safety of residents in LTC facilities.
3)This bill will likely deplete both the state and federal
special funds addressed in the bill and current programming
supported by these funds. While the current balance, combined,
of these special funds is more than $10 million, the combined
revenues into the fund in the past year is less than $2
AB 935
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million, meaning the fund may not be able to support
substantial activities, per this bill or current law
priorities.
COMMENTS
1)Rationale . This bill is a companion measure to AB 392 (Feuer),
pending on the floor of the Assembly, which appropriates $1.6
million, on a one-time basis, from the federal citation
account to support the LTC ombudsman programs administered by
CDA. Together, these two bills are intended to reverse budget
reductions associated with a $3.8 million (GF) funding
reduction in 2008 and provide more stable funding. As a result
of recent budget cuts, LTC ombudsman services were reduced and
staff was laid-off.
2)The LTC Ombudsman Program supports some of California's most
at-risk and vulnerable elderly who live in residential care
facilities for the elderly and nursing homes. The local
programs are supported by a combination of volunteer and paid
staff. The LTC ombudsman programs investigate complaints made
by and on behalf of nursing home residents. Local program
staff makes unannounced visits to residential facilities to
investigate complaints.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081