BILL NUMBER: SB 345 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Wolk
FEBRUARY 15, 2011
An act to amend Section 9710.5 of, and to repeal Article
5 (commencing with Section 9740) of Chapter 11 of Division 8.5 of,
the Welfare and An act to amend Sections 9701, 9712,
9714, 9716, 9717, 9719, 9720, 9722, 9724, 9726, and 9726.1 of, to
repeal Sections 9713 and 9714.5 of, to repeal Article 5 (commencing
with Section 9740) of Chapter 11 of Division 8.5 of, and to repeal
and add Sections 9710, 9710.5, and 9711 of, the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 345, as amended, Wolk. Long-Term Care Ombudsman Program.
Existing law, as part of the Mello-Granlund Older Californians
Act, establishes the Office of the State Long-Term Care Ombudsman
, under the direction of the State Long-Term Care Ombudsman,
in the California Department of Aging. Existing law provides
for the Long-Term Care Ombudsman Program under which funds are
allocated to local ombudsman programs to assist elderly persons in
long-term health care facilities and residential care facilities by,
among other things, investigating and seeking to resolve complaints
against these facilities.
Existing law requires the department to establish an 11-member
advisory council for the office to provide advice and consultation on
issues affecting the provision of ombudsman services.
This bill would delete the provisions relating to the advisory
council.
This bill would, instead, require the department to contract with
a qualified nonprofit organization selected by a panel established by
the department, as specified, to operate as the Office of the State
Long-Term Care Ombudsman, and would require the contracting nonprofit
organization to hire a qualified person to serve as the State
Long-Term Care Ombudsman after consulting with the department's
director and other stakeholders on the selection. This bill would
provide that the office shall carry out all the duties prescribed by
the federal Older Americans Act and would make other conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the Long-Term Care Ombudsman Program Independence and
Improvement Act of 2011.
SEC. 2. The Legislature finds and declares all of
the following:
(a) The protection of residents in California's long-term care
facilities is of paramount importance to the citizens of California.
(b) The Office of the State Long-Term Care Ombudsman was
established pursuant to the federal Older Americans Act of 1965 and
the Mello-Granlund Older Californians Act to investigate and endeavor
to resolve complaints made by, or on behalf of, individual residents
in long-term care facilities.
(c) The Office of the State Long-Term Care Ombudsman is operated
by the California Department of Aging, a division of the California
Health and Human Services Agency.
(d) The California Health and Human Services Agency also oversees
the State Department of Public Health and the State Department of
Social Services, which are the state agencies that administer the
licensing and certification of long-term care facilities in
California.
(e) To guard against conflicts of interest, the federal Older
Americans Act expressly prohibits the Office of the State Long-Term
Care Ombudsman from being operated by any state agency that is
responsible for licensing or certifying long-term care facilities.
(f) A conflict of interest currently exists with the placement of
the Office of the State Long-Term Care Ombudsman under the aegis of
the California Health and Human Services Agency.
(g) The State Long-Term Care Ombudsman is a political appointee,
constrained in his or her responsibilities to advocate for changes in
policy, legislation, or funding that directly impact residents of
long-term care facilities. Further compromising independence, the
State Long-Term Care Ombudsman is exempt from civil service and can
be dismissed without cause or notice.
(h) The vulnerable residents of long-term care facilities rely on
the State Long-Term Care Ombudsman to advocate on their behalf in the
long-term care system and at state and federal levels of government.
(i) The federal Older Americans Act requires the State Long-Term
Care Ombudsman to represent the interests of long-term care facility
residents before governmental agencies, and seek administrative,
legal, and other remedies to protect the health, safety, welfare, and
rights of the residents.
(j) The State Long-Term Care Ombudsman is unable to effectively
advocate for the needs of residents of long-term care facilities in
California.
(k) The federal Older Americans Act authorizes states to contract
with a private nonprofit organization to operate the Office of the
State Long-Term Care Ombudsman.
(l) It is, therefore, the intent of the Legislature to enact
legislation that would establish an independent state long-term care
ombudsman office within a qualified nonprofit organization, under
contract with the California Department of Aging, to operate the
office in accordance with the federal Older Americans Act of 1965 and
the Mello-Granlund Older Californians Act, with the office having
the full power and authority to advocate for residents of long-term
care facilities on all matters relating to their care and well-being.
SEC. 3. Section 9701 of the Welfare and
Institutions Code is amended to read:
9701. Unless the contrary is stated or clearly appears from the
context, the following definitions shall govern the interpretation of
this chapter:
(a) "Approved organization" means any public agency or other
appropriate organization that has been designated by the
department Office of the State Long-Term Care
Ombudsman to hear, investigate, and resolve complaints made by
or on behalf of patients, residents, or clients of long-term care
facilities relating to matters that may affect the health, safety,
welfare, and rights of these patients, residents, or clients.
(b) "Long-term care facility" means any of the following:
(1) Any nursing or skilled nursing facility, as defined in Section
1250 of the Health and Safety Code, including distinct parts of
facilities that are required to comply with licensure requirements
for skilled nursing facilities.
(2) Any residential care facility for the elderly as defined in
Section 1569.2 of the Health and Safety Code.
(c) "Medical training" or "medical records training" means the
completion of training as a physician, registered nurse, nurse
practitioner, licensed vocational nurse, pharmacist, medical social
worker, medical records technician, physician's assistant, or
discharge planner.
(c) "Nonprofit organization" means the organization that contracts
with the California Department of Aging to operate the Office of the
State-Long-Term Care Ombudsman.
(d) "Office" means the Office of the State Long-Term Care
Ombudsman, including approved organizations.
(e) "Ombudsman coordinator" means the individual selected by the
governing board or executive director of the approved organization to
manage the day-to-day operation of the ombudsman program, including
the implementation of federal and state requirements governing the
office.
(f) "Resident," "patient," or "client" means an older or elderly
individual residing in a long-term care facility.
(g) "State Ombudsman" means the State Long-Term Care Ombudsman.
SEC. 4. Section 9710 of the Welfare and
Institutions Code is repealed.
9710. There is within the department an Office of the State
Long-Term Care Ombudsman.
SEC. 5. Section 9710 is added to the
Welfare and Institutions Code , to read:
9710. (a) The Legislature finds and declares all of the
following:
(1) The Office of the State Long-Term Care Ombudsman has an
extremely important role in protecting and advocating for the rights
and health and safety of long-term care facility residents, and in
providing leadership, direction, and support to local long-term care
ombudsman programs.
(2) In order to comply with the federal Older Americans Act (42
U.S.C. Sec. 3001 et seq.) and to effectively carry out its duties,
the office must be operated by a qualified nonprofit organization
that has no conflicts of interest.
(b) The department shall do all of the following:
(1) Establish a five-member selection panel, as described in
Section 9710.5, to select a qualified private nonprofit organization
to operate the Office of the State Long-Term Care Ombudsman.
(2) (A) Contract with the qualified private nonprofit organization
selected by the selection panel to operate the office as specified
under, and consistent with, the federal Older Americans Act (42
U.S.C. Sec. 3001 et seq.) and state law.
(B) The initial contract with the selected nonprofit organization
shall take effect on July 1, 2012. The department shall provide
assistance to and fully cooperate with the nonprofit organization to
ensure a successful transition for the Office of State Long-Term Care
Ombudsman, including the transfer of the statewide uniform reporting
system and collected data described in Section 9716.
(C) The term of the contract with the nonprofit organization shall
be three years and may be extended by the selection panel at its
discretion.
(3) Provide the support necessary for the selection panel to carry
out its duties as specified in Section 9710.5.
(4) Allocate federal and state funds that are appropriated for the
Office of the State Long-Term Care Ombudsman to the office, except
that the department may reserve funds to cover reasonable, actual
administrative costs for contracting and oversight purposes.
(5) Oversee the contract with the selected nonprofit organization
to ensure that the office effectively carries out its duties under
state and federal laws. The department shall not interfere with the
Office of the State Long-Term Care Ombudsman or its parent
organization carrying out its duties under state and federal law.
(c) Nothing in this section shall be construed to change the
relationship of area agencies on aging and local long-term care
ombudsman programs. Area agencies on aging shall continue to contract
with approved organizations to operate local long-term care
ombudsman programs using funds designated for this purpose.
SEC. 6. Section 9710.5 of the Welfare
and Institutions Code is repealed.
9710.5. (a) The Legislature finds and declares as follows:
(1) The position of State Ombudsman is extremely important to the
successful coordination of ombudsman services at the local level.
(2) The position of State Ombudsman requires both an extensive
background in social or health services programs, and an ability to
manage and motivate individuals and groups.
(3) Remuneration for the position of State Ombudsman should be
commensurate with the demands of the position.
(b) The Legislature, therefore, encourages the Director of the
California Department of Aging, to do all of the following:
(1) Provide widespread notification of the availability of the
position of State Long-Term Care Ombudsman in order to reach the
greatest number of qualified candidates and hire the most capable
individual for the position.
(2) Within 10 days of the occurrence of a vacancy, publicly
announce the vacancy and solicit candidates for the position.
(3) Within 30 days of the occurrence of a vacancy, convene a
meeting with the advisory council established by Section 9740, for
the purpose of obtaining the advice, consultation, and
recommendations of the council regarding the selection of a
candidate.
SEC. 7. Section 9710.5 is added to the
Welfare and Institutions Code , to read:
9710.5. (a) (1) The five-member selection panel established by
the department pursuant to subdivision (b) of Section 9710 shall be
chaired by the President of the California Long-Term Care Ombudsman
Association or member designee.
(2) Additional members of the selection panel shall include the
Director of the California Department of Aging or his or her
designee, the Director of the California Association of Area Agencies
on Aging or his or her designee, a representative of the California
Senior Legislature, and a long-term care ombudsman coordinator
selected by the other members of the panel.
(3) Selection panel participation shall be voluntary and members
of the panel shall serve without compensation.
(b) The selection panel shall do both of the following:
(1) Identify the qualifications of the nonprofit organization
consistent with Section 9711 and the federal Older Americans Act (42
U.S.C. Sec. 3001 et seq.).
(2) Notwithstanding any other provision of law, establish a
bidding process to facilitate the selection of the nonprofit
organization, solicit applications from nonprofit organizations
consistent with that process, and select the most qualified applicant
to operate the office.
(c) The selection panel may consult with other stakeholders in
making the selection of the nonprofit organization to operate the
office.
(d) The initial selection panel shall be established by January
31, 2012. Subsequent selection panels shall be convened in a timely
manner as needed to make determinations about the selection or
continuation of a nonprofit organization to operate the Office of the
State Long-Term Care Ombudsman.
SEC. 8. Section 9711 of the Welfare and
Institutions Code is repealed.
9711. (a) The office shall be under the direction of a chief
executive officer who shall be known as the State Long-Term Care
Ombudsman. The State Ombudsman shall be appointed by the director and
shall report directly to the director. He or she shall devote his or
her entire time to the duties of his or her position, and shall
receive the salary otherwise provided by law.
(b) Any vacancy occurring in the position of State Ombudsman shall
be filled in the same manner as the original appointment. Whenever
the State Ombudsman dies, resigns, becomes ineligible to serve for
any reason, or is removed from office, the director shall appoint an
acting State Ombudsman within 30 days, who shall serve until the
appointment and qualification of the State Ombudsman's successor, but
in no event longer than four months from the occurrence of the
vacancy. The acting State Ombudsman shall exercise during this period
all the powers and duties of the State Ombudsman pursuant to this
chapter.
SEC. 9. Section 9711 is added to the
Welfare and Institutions Code , to read:
9711. A nonprofit organization shall meet the following
qualifications to operate as the Office of the State Long-Term Care
Ombudsman:
(a) Have not less than five years of successful operation as a
nonprofit organization.
(b) Have relevant experience in some or all of the following:
(1) Service to persons who are aged and individuals with
disabilities.
(2) Advocacy.
(3) Long-term care ombudsman services.
(4) Legal services to persons who are aged and individuals with
disabilities.
(5) Leadership to a network of advocacy, aging, or human service
organizations.
(c) Be free of conflicts of interest consistent with the
requirements of this chapter and the federal Older Americans Act (42
U.S.C. Sec. 3001 et seq.).
(d) Be able and willing to carry out all of the duties of the
office established by this chapter and the federal Older Americans
Act (42 U.S.C. Sec. 3001 et seq.), including, but not limited to, the
duties to engage in legislative advocacy on behalf of long-term care
facility residents and to provide or arrange necessary legal support
to local long-term care ombudsman programs.
(e) Be in compliance with state and federal laws governing
nonprofit organizations.
(f) Have adequate resources and be of sound financial status to
operate the office.
SEC. 10. Section 9712 of the Welfare
and Institutions Code is amended to read:
9712. (a) The office shall be headed by an individual, to be
known as the State Long-Term Care Ombudsman, who shall be a
certified ombudsman, meet the qualifications established by the
federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), and be
selected from among individuals with expertise and experience in the
fields of long-term care and advocacy.
(b) The nonprofit organization shall hire a qualified person to
serve as the State Ombudsman after consulting with the department's
director and other stakeholders on the selection.
(c) The State Ombudsman shall be located in Sacramento. Other
staff employed by the office may be located elsewhere in the state.
(d) The State Ombudsman may employ technical experts and other
employees who, in his or her judgment, are necessary to conduct the
business of the office.
(e) The State Ombudsman shall establish an advisory council to
obtain advice and consultation on operation of the ombudsman program
and on issues of concern to long-term care facility residents and
local long-term care ombudsman programs.
(a)
(f) (1) The State Ombudsman shall possess at least a
bachelor's degree, and have a minimum of five years' professional
experience that shall include at least three
all of the following four areas:
(A) Gerontology, long-term care, or other relevant social services
or health services programs.
(B) The legal system and the legislative process.
(C) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation.
(D) Organizational management and program administration.
(2) The professional experience described in paragraph (1)
requires any reasonable combination of the fields described in
subparagraphs (A) to (D), inclusive, of that paragraph for a total of
five years, and does not require five years' experience in each
area. At the discretion of the director
nonprofit organization , a master's or doctorate
doctoral degree relevant to a field described in
paragraph (1) may be substituted for one or two years, respectively,
of professional experience. However, the applicant's professional
experience and field of study leading to the master's or
doctorate doctoral degree shall, nevertheless,
include all of the fields described in paragraph (1).
(b)
(g) The State Ombudsman may not have been employed by
any long-term care facility within the three-year period immediately
preceding his or her appointment.
(c)
(h) Neither the State Ombudsman nor any member of his
or her immediate family may have, or have had within the past three
years, any pecuniary interest in long-term health care facilities.
SEC. 11. Section 9713 of the Welfare
and Institutions Code is repealed.
9713. (a) Upon request of the office, the Attorney General shall
represent the office or the department and the state in litigation
concerning affairs of the office, unless the Attorney General
represents another state agency, in which case the agency or the
office shall be authorized to employ other counsel.
(b) The State Ombudsman may employ technical experts and other
employees that, in his or her judgment, are necessary for the conduct
of the business of the office.
SEC. 12. Section 9714 of the Welfare
and Institutions Code is amended to read:
9714. The office may shall solicit
and receive funds, gifts, and contributions to support the operations
and programs of the office. The office may form a
foundation eligible to receive tax-deductible contributions to
support the operations and programs of the office. The
office shall not solicit or receive any funds, gifts, or
contributions where the solicitation or receipt would jeopardize the
independence and objectivity of the office.
SEC. 13. Section 9714.5 of the Welfare
and Institutions Code is repealed.
9714.5. (a) The foundation formed pursuant to Section 9714 shall
be under the direction and management of a five-member board of
directors. One member shall be appointed by the Speaker of the
Assembly, one member shall be appointed by the Senate Committee on
Rules, and three members shall be appointed by the Governor. The
members of the board shall each be experienced in the management,
promotion, and funding of nonprofit charitable organizations.
(b) The board shall select from among its members a chair, a vice
chair, and any other officers as it deems necessary.
(c) The members of the board shall serve without compensation, but
shall be reimbursed for all necessary expenses actually incurred in
the performance of their duties as directors.
(d) Three members of the board shall constitute a quorum for the
purpose of conducting the board's business.
(e) By July 1 of each year, the board shall determine the amount
of funds to be appropriated from the foundation to the office for the
support of its operations and programs. Foundation funds may only be
appropriated for the support of the operations and programs of the
office.
SEC. 14. Section 9716 of the Welfare
and Institutions Code is amended to read:
9716. The department office shall
be responsible for activities that promote the development,
coordination, and utilization of resources to meet the long-term care
needs of older individuals, consistent with its mission. These
responsibilities shall include establishing a statewide uniform
reporting system to collect and analyze data relative to complaints
and conditions in long-term care facilities for the purpose of
identifying and resolving significant problems. The
department office shall submit the data to the
state agency responsible for licensing or certifying long-term care
facilities and to the federal agency on aging.
SEC. 15. Section 9717 of the Welfare
and Institutions Code is amended to read:
9717. (a) All advocacy programs and any programs similar in
nature to the Long-Term Care Ombudsman Program that receive funding
or official designation from the state shall cooperate with the
office, where appropriate. These programs include, but are not
limited to, the Patients' Rights Advocacy Program within the State
Department of Mental Health, Protection and Advocacy, Inc.
Disability Rights California , and Department of
Rehabilitation Client Assistance Program.
(b) The office shall maintain a close working relationship with
the Legal Services Development Program for the Elderly within the
department.
(c) In order to ensure the provision of counsel for patients,
residents, and clients of long-term care facilities, the
department office shall seek to establish
effective coordination between the office and
with programs that provide legal services for the elderly,
including, but not limited to, programs that are funded by the
federal Legal Services Corporation or under the federal Older
Americans Act (42 U.S.C. Sec. 3001 et
seq.) , as amended.
(d) The department and other state departments and programs that
have roles in funding, regulating, monitoring, or serving long-term
care facility residents, including law enforcement agencies, shall
cooperate with and meet with the office periodically and as needed to
address concerns or questions involving the care, quality of life,
safety, rights, health, and well-being of long-term care facility
residents.
SEC. 16. Section 9719 of the Welfare
and Institutions Code is amended to read:
9719. (a) (1) The office shall sponsor a meeting
training of representatives of approved
organizations at least twice each year. The office shall provide
training to these representatives as appropriate. Prior to the
certification of an ombudsman by the office, individuals shall meet
both of the following requirements:
(A) Have a criminal offender record clearance conducted by the
State Department of Social Services. A clearance pursuant to Section
1569.17 of the Health and Safety Code shall constitute clearances for
the purpose of entry to any long-term care facility.
(B) Have received a minimum of 36 hours of classroom
certification training approved by the office.
(2) Upon receipt of an applicant's criminal record clearance and
acceptance by the office, the California Department of Aging
office shall issue a card identifying the
bearer as a certified ombudsman. Each ombudsman shall receive a
minimum of 12 hours of additional training annually.
(b) (1) Beginning July 1, 2007, the California Department
of Aging The department shall
contract with the State Department of Social Services to conduct a
criminal offender record information search, pursuant to Section
1569.17 of the Health and Safety Code, for each applicant seeking
certification as an ombudsman. The State Department of Social
Services shall notify the individual and the office of the individual'
s clearance or denial.
(2) Within a reasonable time after July 1, 2007, the office shall
seek the clearance of each ombudsman already certified or designated
as of July 1, 2007.
(3)
(2) An applicant for certification as an ombudsman
and any currently certified or designated ombudsman
shall not be responsible for any costs associated with
transmitting the fingerprint images and related information or
conducting criminal record clearances.
(c) Nothing in this section shall be construed to prohibit the
Department of Justice from assessing a fee pursuant to Section 11105
of the Penal Code to cover the cost of searching for or furnishing
summary criminal offender record information.
SEC. 17. Section 9720 of the Welfare
and Institutions Code is amended to read:
9720. (a) The office shall identify, investigate
, and seek to resolve complaints and concerns communicated by,
or on behalf of, patients, residents, or clients of any long-term
care facility. This requirement shall not preclude the referral of
other individuals' complaints and concerns that a representative
becomes aware are occurring in the facility to the appropriate
governmental agency. Complaint investigation shall be done in an
objective manner to ascertain the pertinent facts.
(b) At the conclusion of any investigation of a complaint, the
findings shall be reported to the complainant. If the office does not
investigate a complaint, the complainant shall be notified in
writing of the decision not to
investigate and the reasons for the decision.
SEC. 18. Section 9722 of the Welfare
and Institutions Code is amended to read:
9722. (a) Representatives of the office shall have the right of
entry to long-term care facilities for the purpose of
monitoring, identifying, hearing, investigating, and resolving
complaints by, or on behalf of, and rendering advice to,
elderly individuals who are patients or residents of the
facilities at any time deemed necessary and reasonable by the State
Ombudsman to effectively carry out this chapter.
(b) Nothing in this chapter shall be construed to restrict, limit,
or increase any existing right of any organizations or individuals
not described in subdivision (a) to enter, or provide assistance to
patients or residents of, long-term care facilities.
(c) Nothing in this chapter shall restrict any right or privilege
of any patient or resident of a long-term care facility to receive
visitors of his or her choice.
SEC. 19. Section 9724 of the Welfare
and Institutions Code is amended to read:
9724. Notwithstanding Section 56 of the Civil Code, in order for
the office to carry out its responsibilities under this chapter, the
office shall have access to the medical or personal records of a
patient or resident of a long-term care facility that are retained by
the facility, under the following conditions:
(a) If the patient or resident has the ability to write, access
may only be obtained by the written consent of the patient or
resident.
(b) If the patient or resident is unable to write, oral consent
may be given in the presence of a third party as witness.
(c) If the patient or resident is under a California guardianship
or conservatorship of the person that provides the guardian or
conservator with the authority to approve review of records, the
office shall obtain the permission of the guardian or conservator for
review of the records, unless any of the following apply:
(1) The existence of the guardianship or conservatorship is
unknown to the office or the facility.
(2) The guardian or conservator cannot be reached within three
working days.
(3) The office has reason to believe the guardian or conservator
is not acting in the best interests of the ward or the conservatee.
(d) If the patient or resident is unable to express written or
oral consent and there is no guardian or conservator
, conservator, or legal representative, or the
notification of the guardian or conservator ,
conservator, or legal representative is not applicable for
reasons set forth in subdivision (c), inspection of records may be
made by full-time state employees of the office ombudsman
coordinator, and by ombudsmen qualified by medical
training and with the approval of the ombudsman coordinator or the
State Ombudsman, when there is sufficient cause for the
inspection. The licensee may, at his or her discretion, permit other
representatives of the office to inspect records in the performance
of their official duties. Copies may be reproduced by the office. The
licensee and facility personnel who disclose records pursuant to
this subdivision shall not be liable for the disclosure. If
investigation of records is sought pursuant to this subdivision, the
ombudsman shall, upon request, produce a statement signed by the
ombudsman coordinator authorizing the ombudsman to review the
records.
(e) Facilities providing copies of records pursuant to this
section may charge the actual copying cost for each page copied.
(f) Upon request by the office, a long-term care facility shall
provide to the office , within 24 hours, the name,
address, and telephone number of the conservator, legal
representative, or next-of-kin of any patient or resident.
SEC. 20. Section 9726 of the Welfare
and Institutions Code is amended to read:
9726. (a) The office shall establish a toll-free telephone
hotline , in Sacramento, to receive telephone
calls concerning any crises discovered by any person in a long-term
care facility, as defined in subdivision (b) of Section 9701. The
telephone hotline established under this section shall be operated to
include at least all of the following:
(1) The telephone hotline shall be available 24 hours a day, seven
days a week.
(2) The operator shall respond to a crisis call by contacting the
appropriate office, agency, or individual in the local community in
which the crisis occurred.
(3) The toll-free hotline telephone number shall be posted
conspicuously in either the facility foyer, lobby, residents'
activity room, or other conspicuous location easily accessible to
residents in each licensed facility by the licensee. The office shall
issue, in conjunction with the State Department of Social Services
and the State Department of Health Services
Public Health , guidelines concerning the posting of the
toll-free number. The posting shall, at a minimum, include the
purpose of the hotline number.
(b) The office shall respond to hotline telephone calls.
(c) The toll-free telephone hotline shall be staffed in a manner
consistent with available resources in the department. The
department office. The office may contract for
the services of individuals to staff the telephone hotline. The
department office shall seek to provide
opportunities for older individuals to be employed to staff the
hotline. The State Department of Health Services
Public Health and the State Department of Social Services,
and other appropriate departments, shall make available to the
department and the office training and technical assistance as
needed.
SEC. 21. Section 9726.1 of the Welfare
and Institutions Code is amended to read:
9726.1. The (a) The
office shall carry out all of the duties prescribed by the federal
Older Americans Act in Section 3058g of Title 42 of the United States
Code, including, but not limited to, all of the following:
(1) Represent the interests of long-term care facility residents
before governmental agencies and seek administrative, legal, and
other remedies to protect the health, safety, welfare, and rights of
the residents.
(2) (A) Analyze, comment on, and monitor the development and
implementation of federal, state, and local laws, regulations, and
other governmental policies and actions, that pertain to the health,
safety, welfare, and rights of the residents, with respect to the
adequacy of long-term care facilities and services in the state.
(B) Recommend any changes in the applicable laws, regulations,
policies, and governmental actions as the office determines to be
appropriate.
(C) Facilitate public comment on the applicable laws, regulations,
policies, and governmental actions.
(b) The office may do any
or all of the following:
(a)
(1) Advise the public of any inspection report,
statements of deficiency, and plans of correction, for any long-term
health care facilities within its service area.
(b)
(2) Promote visitation programs to long-term health
care facilities within its service area.
(c)
(3) Establish and assist in the development of
resident, family, and friends' councils.
(d)
(4) Sponsor other community involvement in long-term
health care facilities.
(e)
(5) Present community education and training programs
, to long-term health care facilities, human
service workers, families, and the general public, about long-term
care and residents' rights issues.
(f)
(6) Those programs created under this section that are
held in a facility shall be developed in consultation with the
facility. If the facility and the ombudsman cannot agree on these
programs, the State Ombudsman may assist in resolving the dispute.
SEC. 22. Article 5 (commencing with Section 9740)
of Chapter 11 of Division 8.5 of the Welfare and
Institutions Code is repealed.
SECTION 1. Section 9710.5 of the Welfare and
Institutions Code is amended to read:
9710.5. (a) The Legislature finds and declares as follows:
(1) The position of State Ombudsman is extremely important to the
successful coordination of ombudsman services at the local level.
(2) The position of State Ombudsman requires both an extensive
background in social or health services programs, and an ability to
manage and motivate individuals and groups.
(3) Remuneration for the position of State Ombudsman should be
commensurate with the demands of the position.
(b) The Legislature, therefore, encourages the Director of the
California Department of Aging, to do all of the following:
(1) Provide widespread notification of the availability of the
position of State Long-Term Care Ombudsman in order to reach the
greatest number of qualified candidates and hire the most capable
individual for the position.
(2) Within 10 days of the occurrence of a vacancy, publicly
announce the vacancy and solicit candidates for the position.
SEC. 2. Article 5 (commencing with Section
9740) of Chapter 11 of Division 8.5 of the Welfare and Institutions
Code is repealed.