BILL ANALYSIS �
SB 345
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 345 (Wolk) - As Amended: June 28, 2012
Policy Committee: Aging and
Long-Term CareVote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill modifies and clarifies numerous provisions governing
the duties of the State Office of the Long-Term Care (LTC)
Ombudsman (Office), in order to better align with federal law
and improve the ability of the Office to advocate on behalf of
LTC residents, including:
1)Enumerating duties of the State LTC ombudsman to conform with
federal law, including ensuring residents have timely access
to services to the extent resources allow, providing
assistance to local ombudsman programs, analyzing and
commenting on legislation and other policy without
interference from the administration, and other duties.
2)Requiring the Office to establish and post specified
information to an Internet web site.
3)Requiring the Office to prepare and disseminate an annual
advocacy report.
4)Requiring, instead of authorizing, the Office to hire outside
counsel in the case of a conflict of interest generated by
representation by the Attorney General.
5)Recasting a current-law requirement establishing a
(now-defunct) advisory council to the Office to grant
additional flexibility with respect to the size of the council
and the nominating process for members.
6)Requiring the Department of Aging and other state departments
and programs that have roles in funding, regulating,
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monitoring, or serving LTC residents, including law
enforcement agencies, to cooperate with and meet with the
Office periodically and as needed to address concerns or
questions involving the care of LTC residents.
7)Clarifying that representatives of the State LTC Ombudsman are
allowed to enter LTC facilities unhindered under specified
circumstances.
8)Enacting other conforming, clarifying, and technical changes.
FISCAL EFFECT
1)Minor costs, not likely to exceed $50,000 annually, may be
incurred by the Office to comply with certain new requirements
of this bill that are not required by federal law, including
maintenance of an internet Web site, preparation of an annual
advocacy report, requirement to hire outside counsel in the
case of a conflict of interest generated by representation by
the Attorney General, and reconstitution of an advisory
council. These costs are expected to be absorbable within
existing federal fund resources.
2)The State LTC Ombudsman indicates many other listed duties
that conform to federal law are currently being performed by
the office and will not result in increased costs.
COMMENTS
1)Rationale . According to the author, this bill furthers and
reinforces the State Ombudsman's independence from the
California Department of Aging, in order to enhance the
Ombudsman's advocacy for protection of residents. The
author's goal is to ensure that LTC residents have an
independent voice at the state level who can advocate for
systemic change to better protect their rights, safety, and
welfare.
In addition, the author indicates conformity with federal law
will provide state-level accountability for the State
Ombudsman's efforts. Although many duties enumerated in this
bill are already required by federal law, the author believes
enacting them in state law will remove any questions about the
State Ombudsman's role as an advocate for LTC residents.
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2)Background . The Older Americans Act mandates that state
long-term care ombudsman programs provide systems-level
advocacy, including "recommending any changes in laws,
regulations, policies, and actions that will further promote
the interests, well-being and rights of residents." National
studies have documented that ombudsman programs in many states
have encountered barriers to effective advocacy, including
political interference, limiting the program's ability to
effect change on behalf of residents. California's Office of
the LTC Ombudsman is located in the Department of Aging, and
in the past has been required to obtain permission from the
administration to perform certain advocacy duties required by
federal law.
Several provisions in this bill, including the requirement for
an annual advocacy plan, were provided as options to
strengthen the LTC Ombudsman's advocacy role, in a program
review conducted by the Senate Office of Research at the
author's request. This bill follows policy options outlined
in the SOR review to increase the ability of, and the
expectations for, the Office to advocate independently.
According to SOR and the author, this change would allow for
more effective protection of LTC residents while maximizing
administrative efficiency by maintaining the Office in the
Department of Aging.
3)Related Legislation . AB 2276 (Campos) appropriated $1.6
million for the 2012-13 fiscal year, and $1.6 million for the
2013-14 fiscal year, from the State Health Facilities Citation
Penalties Account to the California Department of Aging to
fund local ombudsman programs. AB 2276 was held on the
Suspense File of this committee.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081