BILL ANALYSIS �
SB 345
Page 1
SENATE THIRD READING
SB 345 (Wolk)
As Amended August 21, 2012
Majority vote
SENATE VOTE : 26-9
AGING 6-0 APPROPRIATIONS 17-0
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|Ayes:|Yamada, Halderman, Pan, |Ayes:|Fuentes, Harkey, |
| |V. Manuel P�rez, Torres, | |Blumenfield, Bradford, |
| |Wagner | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Conforms various provisions of the codes authorizing
the Office of State Long-Term Care Ombudsman (OSLTCO) to federal
statutes. Specifically, this bill :
1)Adds legislative findings and declarations and conforms
existing codes with regard to the OSLTCO and the State
Long-Term Care Ombudsman's (SLTCO) roles and responsibilities,
to federal law.
2)Establishes recruitment guidelines when the position of SLTCO
becomes vacant to assure the SLTCO has experience and
expertise in the fields of long-term care and advocacy.
3)Requires, rather than authorizes, the OSLTCO to hire legal
representation in the event the Attorney General is
unavailable, for litigation related to the affairs of the
office.
4)Shifts from the California Department of Aging (CDA) to the
OSLTCO, responsibility for the development of a statewide
uniform reporting system to collect and analyze data relative
to complaints and conditions in long-term care facilities.
5)Requires the SLTCO to report to the Legislature and local
long-term care ombudsman programs annually on prospective
advocacy plans.
SB 345
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6)Requires the OSLTCO to maintain a Web site within the CDA's
Web site, and that the Web site be consumer driven and include
various long-term care related information, and requires the
OSLTCO to staff the 24-hour, long-term care ombudsman hotline.
7)Requires the CDA and other departments and programs involved
in regulating, monitoring, or serving long-term care facility
residents to cooperate with the OSLTCO to address concerns and
questions about care, quality of life, safety of long-term
care facility residents.
8)Allows the OSLTC to advise the public of long-term care
facility inspection reports, deficiencies, and plans of
correction; promote visitation programs, establish and assist
in the development of resident, family, and friends' councils,
and present community education programs.
EXISTING LAW :
1)Establishes the Long-Term Care Ombudsman program as a result
of the federal Older Americans Act (OAA) and places it within
the CDA in order to encourage community contact and
involvement with elderly patients or residents of long-term
care facilities or residential facilities through the use of
volunteers and volunteer programs. Federal law generally
prohibits ombudsman from making a disclosure of personal
information pertaining to an ombudsman program client, unless
the client provides written consent.
2)Allocates funds 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.
3)Provides for the appointment of a SLTCO by the Governor, and
specifies requirements of the person filling that position.
4)Requires the CDA to establish an 11-member advisory council
for the SLTCO to provide advice and consultation on issues
affecting the provision of ombudsman services.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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1)Minor costs, not likely to exceed $50,000 annually, may be
incurred by the OSLTCO 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 SLTCO 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 : The primary responsibility of the program is to
investigate and endeavor to resolve complaints made by, or on
behalf of, individual residents in long-term care facilities.
There are about 1,000 volunteers providing about 150,000 hours
of unpaid advocacy and support to long-term care residents.
This bill is intended to, among other things; insulate the
OSLTCO from other state department's interference, and to assure
future appointees to the position of SLTCO have qualifications
consistent with the demands of the office.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990
FN: 0005231