BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 345|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 345
Author: Wolk (D), et al.
Amended: 8/21/12
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-2, 1/10/12
AYES: Liu, Hancock, Wright, Yee
NOES: Emmerson, Berryhill
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : 6-2, 1/17/12
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson
NO VOTE RECORDED: Runner
SENATE FLOOR : 26-9, 1/23/12
AYES: Alquist, Blakeslee, Calderon, Corbett, Correa, De
Le�n, DeSaulnier, Hancock, Hernandez, Kehoe, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Rubio, Simitian, Steinberg, Strickland, Vargas, Wolk,
Wright, Yee
NOES: Anderson, Berryhill, Dutton, Emmerson, Fuller,
Gaines, Harman, Huff, Walters
NO VOTE RECORDED: Cannella, Evans, La Malfa, Runner,
Wyland
ASSEMBLY FLOOR : 70-8, 8/23/12 - See last page for vote
SUBJECT : Office of the State Long-Term Care Ombudsman
SOURCE : Committee for an Independent State Ombudsman
CONTINUED
SB 345
Page
2
DIGEST : This bill conforms various provisions of the
codes authorizing the Office of State Long-Term Care
Ombudsman (OSLTCO) to federal statutes.
Assembly Amendments change the annual advocacy plan to an
annual advocacy report, and provide clarifying language.
ANALYSIS : Existing law:
1.Establishes the Long-Term Care Ombudsman program as a
result of the federal Older Americans Act and places it
within the California Department of Aging 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 state ombudsman and
specifies certain requirements of the person filling that
position.
4.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:
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.
CONTINUED
SB 345
Page
3
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 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.
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.
Background
California's Ombudsman program began in 1979 in response to
federal efforts to improve conditions for residents of
nursing homes and other long-term care facilities. Shoddy
conditions and poor care had prompted Congressional
CONTINUED
SB 345
Page
4
interest, and a 1978 amendment to the federal Older
Americans Act requiring states to create ombudsman programs
that could investigate and resolve complaints at nursing
homes and advocate for residents by commenting on laws and
policies, and identifying widespread problems.
Senate review of the state ombudsman. In November 2009,
the Senate Office of Oversight and Outcomes, which is part
of the Office of the President pro Tempore, prepared a
report for the Rules Committee, at the request of the
Health Committee's Subcommittee on Aging and Long-Term
Care. The report's title provides its own executive
summary: California's Elder Abuse Investigators:
Ombudsmen Shackled by Conflicting Laws and Duties .
Among the findings of the report: "Local coordinators in
California say that having a political appointee running
the state office makes it hard for the program to speak out
on issues concerning long-term care residents, one of the
original intents of the federal ombudsman program.
California's state ombudsman (in talking with the Oversight
office) said he supported steps that would give him more
flexibility and independence."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee
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.
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.
CONTINUED
SB 345
Page
5
SUPPORT : (Verified 1/18/12)(unable to reverify at time
of writing)
Committee for an Independent State Ombudsman (source)
AARP
Long Term Care Services of Ventura County
Ombudsman Services of San Mateo County
Wise & Healthy Aging
ARGUMENTS IN SUPPORT : According to the author's office,
under its present structure, the state's ombudsman program
is not advocating effectively for residents. Community
activists have informed the author that California's office
is ineffective, citing the state ombudsman's lack of public
support on legislative issues pertaining to long-term care.
As an appointee of the director of the Department on
Aging, the state ombudsman, says the author, is expected to
take the same position on legislation and other public
policy matters as the Department of Aging takes.
ASSEMBLY FLOOR : 70-8, 8/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso,
Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Donnelly, Grove, Hagman, Jones, Knight, Logue,
Mansoor, Morrell
NO VOTE RECORDED: Roger Hern�ndez, Miller
CTW:n 8/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
SB 345
Page
6
CONTINUED