BILL ANALYSIS �
AB 1534
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 1534 (Linder) - As Amended: March 17, 2014
SUBJECT : Area agencies on aging: independent living centers:
funding
SUMMARY : Establishes a continuous appropriation of federal
funds appropriated to the state for the purpose of supporting
independent living centers (ILCs) and area agencies on aging
(AAAs).
Specifically, this bill :
1)Creates a continuous appropriation from the Federal Trust Fund
to the California Department of Aging (CDA) for support of
AAAs during fiscal years in which the state Budget Act is not
enacted by July 1 and authorizes the Department of Finance to
reduce the CDA Budget Act allocation by the amount of the
payment made by the Federal Trust Fund.
2)Creates a continuous appropriation from the Federal Trust Fund
to the California Department of Rehabilitation (DOR) for
support of ILCs during fiscal years in which the state Budget
Act is not enacted by July 1 and authorizes the Department of
Finance to reduce the DOR Budget Act allocation by the amount
of the payment made by the Federal Trust Fund.
3)Provides that if the state Budget Act is not enacted by July
1, continuously appropriated payments shall be made to CDA and
DOR on July 15 and on the 15th of each month thereafter until
the state Budget Act is enacted.
4)Declares this act to be an urgency statute in order to ensure
that AAAs and ILCs will be able to prevent interruptions in
important services provided to elderly persons or persons with
disabilities if the Budget Act of 2015 is not enacted in a
timely manner.
EXISTING LAW
1)Establishes the federal Rehabilitation Act, which, among other
things, empowers individuals with disabilities to maximize
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employment, economic self-sufficiency, self-determination,
independence, inclusion and integration into society through
statewide workforce investment systems, independent living
centers and services, research, training, demonstration
projects and the guarantee of equal opportunity. (29 U.S.C.
701 et seq.)
2)Establishes the Department of Rehabilitation (DOR) within the
California Health and Human Services Agency, and designates
DOR the sole state agency charged with administration of the
state plan for vocational rehabilitation services. (WIC 19000
et seq.)
3)Requires DOR to oversee the Independent Living Services
Program and the state's 29 Independent Living Centers for the
purpose of helping people with disabilities live fuller and
freer lives outside of institutions. (WIC 19751, 19800 et
seq.)
4)Establishes the federal Older American's Act, under which a
national network of state agencies on aging and area agencies
on aging provide home- and community-based services that help
older adults remain healthy and independent. Programs include
nutrition, job training, senior centers, caregiver support,
transportation, health promotion, benefits enrollment, and
elder abuse prevention. (42 U.S.C. 3001 et seq.)
5)Establishes the Mello-Granlund Older Californians Act, which
reflects the federal Older Americans Act and provides
state-funded programs and services for older adults and people
with disabilities. (WIC 9000 et seq.)
6)Provides that AAAs are private nonprofit or public agencies
that work for the interests of older Californians within a
planning and service area and to provide a broad array of
social and nutritional services through contractual
arrangements, as specified. (WIC 9006)
7)Establishes the California Department of Aging (CDA) within
the California Health and Human Services Agency for the
purpose of providing leadership to the AAAs in developing
systems of home- and community-based services that maintain
individuals in their own homes or least restrictive, homelike
environments. (WIC 9100)
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8)Establishes continuous appropriations via the Medical
Providers Interim Payment Fund to Medi-Cal providers, AIDS
drug assistance programs, and developmental services programs
in the event the state budget is not passed by July 1. (GOV
16531.1)
FISCAL EFFECT : Unknown
COMMENTS : This bill seeks to ensure that certain services for
older adults and individuals with disabilities are continuously
provided with the use of applicable federal funds despite
delayed passage of the state Budget Act.
Department of Aging and Area Agencies on Aging : The California
Department of Aging (CDA) administers programs that serve older
and disabled adults, as well as family caregivers and residents
in long-term care facilities. These include basic nutrition
assistance, transportation services, in-home assistance,
caregiver support, health promotion, elder abuse prevention,
services that help older adults find employment, and other
services that help older and disabled individuals live
independently in the community. CDA's programs are administered
using funds allocated under the federal Older Americans Act, the
Older Californians Act, the Medi-Cal program, and public and
private grants.
CDA contracts with 33 AAAs throughout California, which are
responsible for planning, coordinating and directly managing
programs and services CDA oversees. CDA also contracts directly
with agencies that operate the Multipurpose Senior Services
Program (MSSP), which provides social and health care management
services to help frail individuals avoid or delay
institutionalization. Approximately 80% of the money for AAA
programs is appropriated to the state from the federal
government.
Department of Rehabilitation and Independent Living Centers :
The California Department of Rehabilitation (DOR) is responsible
for increasing employment opportunities and providing
employment-related services to individuals with disabilities
with the goal of helping people with disabilities live
independently and be active participants in their place of work
and in their communities.
DOR provides technical assistance and financial support to 28
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(ILCs) throughout California, which are consumer operated and
controlled, nonresidential, private nonprofit agencies that
provide services to facilitate self-determination and help
people with disabilities live and work where they choose. ILCs
are dedicated to ensuring communities are fully integrated and
provide all individuals, regardless of disability status, equal
access to opportunities without barriers. One hundred percent
of the funding for ILCs is from federal sources.
Need for this bill : While the state Budget Act has been passed
on time since the passage of Proposition 25 in 2010, which
resulted in a constitutional amendment that replaced the
two-thirds vote requirement for the state Budget Act with a
simple majority vote requirement, proponents of this bill
maintain that it is still necessary to provide safeguards for
seniors and persons with disabilities in the event passage of
the budget is delayed in the future.
According to the author, "When the state budget is late, all
funds, even those already received from the federal government
for the express purpose of supporting AAA's and ILC's, are
frozen. Federal funds should not be held back from being
distributed, especially when these programs rely on them as
their primary funding source."
Staff comments : This bill is similar or identical to several
bills that have been introduced in recent years. The Assembly
Appropriations Committee analysis for the most recent bill, AB
533 (Yamada) 2011 stated, "The proposed continuous appropriation
of Federal Trust Funds to CDA and DOR in the absence of an
enacted state budget is contrary to the general policy of this
Committee to avoid continuous appropriations." That bill and
the others listed below were held in the house of origin in
their respective Appropriations Committees.
PRIOR LEGISLATION
AB 533, Yamada, 2011, provided a continuous appropriation of
federal funds for both AAAs and ILCs in the event of a state
budget delay.
AB 885 (Nestande) 2009, provided a continuous appropriation of
federal funds for both AAAs and ILCs in the event of a state
budget delay.
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AB 2608 (Davis) 2008, provided a continuous appropriation of
federal funds for DOR in the event of a state budget delay.
AB 322 (Anderson) 2007, provided a continuous appropriation of
federal funds for both AAAs and ILCs in the event of a state
budget delay.
AB 1928 (Berg) 2006, provided a continuous appropriation of
federal funds for both AAAs and ILCs in the event of a state
budget delay.
AB 1 (Berg) 2003, provided a continuous appropriation of federal
funds to AAAs in the event of a state budget delay.
AB 2552 (Daucher) 2002, provided a continuous appropriation of
federal funds to AAAs in the event of a state budget delay.
SB 657 (Ortiz) 1999, provided a continuous appropriation of
federal funds to AAAs in the event of a state budget delay.
SECOND COMMITTEE OF REFERENCE . This bill was previously heard
in the Assembly Aging and Long Term Care Committee, on March 4,
2014 and was approved on a 5-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Area Agencies on Aging
California Communities United Institute
United Domestic Workers of America (UDW/AFSCME)
National Association of Social Workers, CA Chapter (NASW-CA)
The California Long-Term Care Ombudsman Association (CLTCOA)
15 Individuals
Opposition
None on file.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
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