Below is a list of our priority bills in California for the 2011-2012 legislative session. As of October 9th, 2011, Governor Brown has acted on all bills passed to his desk. Our priority legislation is broken down below by: bills signed into law, bills vetoed, and bills remaining for the 2012 legislative session. Thank you for taking an interest in these important pieces of legislation. To read more about a specific bill, please visit the California State Legislature website.
SIGNED INTO LAW:
AB 151 (Monning) – Medicare supplement coverage
This bill will ensure all Medicare recipients in a Medicare Advantage plan facing increased costs or reduced benefits have the option to enroll in Original Medicare and purchase a supplemental plan to help cover the costs of coinsurance, copayments, and deductibles. It will also update the standardized plan choices available to Medicare recipients to reflect changes that became effective under federal law June 1, 2010.
AB 313 (Monning) – Residential care facilities for the elderly
This bill requires a licensed residential care facility for the elderly (RCFE) to provide written notification to all affected residents and their designated emergency contacts, such as family members and responsible parties, and notice copies to the local Long-Term Care Ombudsman Program, when its license is in jeopardy from serious deficiencies, revocation or suspension, or court proceedings with powers to revoke its license. AB 313 would require the RCFE to conspicuously post such notifications for easy viewing for at least 30 days or until serious deficiencies are resolved.
AB 574 (B Lowenthal) – Program of All-Inclusive Care for the Elderly
Current law authorizes the Department of Health Care Services to enter into specified contracts for implementation of the PACE program (Prog. Of All-Inclusive Care for the Elderly) with certain PACE organizations. Existing law authorizes the department to enter into separate contracts with up to 10 PACE organizations; this law would increase the number of authorized service contracts to 20.
AB 641 (Feuer) – Long-term care
This bill will better protect skilled nursing facility residents by streamlining the citation appeal process, increase the maximum fine for specific violations, and allow fines to be levied by both state and federal agencies when an incident violates both state and federal law.
AB 793 (Eng) – Insurance providers: reverse mortgages
This bill will prohibit an insurance broker from participating in, being associated with, or employing any party that participates in or is associated with the origination of a reverse mortgage.
AB 1288 (Gordon) – Public guardians and conservators: authority: property held in trust
This bill expands the authority of Public Guardian/Conservators to include assets held in a trust, in addition to property, that they may take possession or control of if the individual is deemed unable to manage their own assets. It would also expand the duration of time allowed for the guardian/conservator to locate and secure assets to 30 days. The author of the bill argues this would safeguard the vulnerable person’s assets from misuse and/or fraud while the conservatorship petition is pending in court.
SB 33 (Simitian) – Elder and dependent adult abuse
This bill eliminates the January 1, 2013 expirations date for the following provisions, and therefore continues to:
- Require that bank, savings and loan, and credit union employees report financial abuses if the abuse becomes evident in their contacts with, or review of, an elder and or dependent adult’s financial matters.
- Grant immunity to credit union and bank tellers during their first six months of employment if they have not been trained to identify and report elder and dependent adult financial abuse.
- Require that more than mere allegations of financial abuse before imposing an obligation to report. Mandated reporters would be required to report only when both reasonable belief and corroborating evidence indicate abuse exists. Reporters are not required to conduct independent investigations.
- Ensure efficient investigation and data collection by directing reports to adult protective services agency or law enforcement agency.
- Grant civil and criminal immunity to reporters reporting in good faith.
- Grant civil and criminal immunity to reporters providing information to adult protective services and law enforcement agencies.
- Allow reimbursement of court and attorney fees should an unmerited action be brought against a mandated reporter.
SB 718 (Vargas) – Elder abuse: mandated reporting
This bill authorizes mandated reporters to submit required reports to a county adult protective services agency through a confidential Internet reporting tool, if the county implements such a system, so long as the information gathered meets the existing requirements for written reports.
SB 866 (Hernandez) – Health care coverage: prescription drugs
This bill requires the Department of Managed Health Care and the Department of Insurance to, on or before July 1, 2012, develop a prior authorization form for use by every health care service plan and health insurer that provides prescription drug benefits. The bill would require every physician, when requesting prior authorization for prescription drug benefits, to submit the prior authorization form to the health care service plan or health insurer, and would require those plans and insurers to utilize and accept those prior authorization forms for prescription drug benefits. Upon a failure to accept the prior authorization form or to respond to a physician within 48 hours, the bill would deem the prior authorization request as granted, as specified. This bill contains other related provisions and other existing laws.
SB 897 (Leno) – Residential care facilities for the elderly
This bill requires RCFE operators give notice to all residents and their legal representatives of any foreclosure proceedings on their home. This would allow residents to assert whatever rights they have to contest the foreclosure and to prepare for a possible transfer to a new facility. In addition, the bill mandates residents and their legal representatives receive notice when their RCFE is subject to an unlawful detainer or bankruptcy action.
This bill will also require RCFE operators give notice to Community Care Licensing and the State Long-Term Care Ombudsman Office when the housing security of the resident is threatened by events such as foreclosure proceedings, a missed mortgage payment, or a threatened utility shut-off. CCL and the Ombudsman could then work to ensure the residents are safe and protected.
BILLS VETOED:
SB 586 (Pavley) Banks and credit unions: signature stamps
This bill would impose a series of restrictions on the issuance of signature stamps by state-chartered banks and credit unions, add the unauthorized use of a signature stamp to defraud or steal from an elder or dependent adult to the list of acts punishable by a fine and imprisonment, and increase the fines imposed on those convicted of engaging in the abuse of an elder or dependent adult.
Veto message from Governor Brown:
To the Members of the California State Senate:
This bill imposes restrictions on state chartered banks that issue signature stamps. While I appreciate the concern giving rise to this bill – the fraudulent use of stamps – this bill won’t prevent that wrong. AB 332, a measure I have already signed, more directly addresses the problem of financial abuse against elder and dependent adults by simply increasing fines for embezzlement, forgery and identify theft.
I am returning Senate Bill 586 without my signature.
BILLS REMAINING FOR 2012 LEGISLATIVE SESSION:
AB 40 (Yamada) – Elder abuse: reporting
Would alter the Elder Abuse and Dependent Adult Civil Protection Act to require mandated reporters to report known or suspected abuse to both local ombudsman and local law enforcement. AB 40 was introduced to address a conflict between Federal and State elder and dependent adult abuse reporting mandates for the long-term care Ombudsman.
AB 59 (Swanson) – Family and medical leave
Would expand circumstances under which an employee is entitled to take protected leave to include an employee’s parent-in-law and also a seriously ill grandparent, sibling, grandchild, or domestic partner.
AB 367 (Smyth) – Elder abuse: reporting
Would require a county adult protective services agency or a local law enforcement agency to accept a report by a mandated reporter, or any other person, of suspected elder or dependent adult abuse even if the agency lacks jurisdiction to investigate the report, unless the call can be immediately transferred to an agency with proper jurisdiction. This bill would also require a county adult protective services agency or a local law enforcement agency that lacks jurisdiction to immediately refer the report of suspected abuse by telephone, facsimile, or electronic transmission to an agency with proper jurisdiction.
AB 419 (Mitchell) – Community care facilities
Would increase the initial application and renewal fees for these licenses. The bill would also replace the plan of correction fee with a re-inspection fee of $100, to be assessed when an inspection of a facility is necessary to ensure that a violation has been corrected. This bill would also require the Department of Social services to conduct an unannounced inspection of a community care facility, at minimum, once each year and as often as necessary to ensure the quality of care provided.
AB 518 (Wagner) – Elder and dependent adult abuse: mandated reporters
This bill will remove the repeal date of January 1, 2013, regarding who is a mandated reporter. This bill would delete the January 1, 2013 repeal date of this clarification regarding who is a mandated reporter.
AB 533 (Yamada) –Area agencies on aging: independent living centers: funding
In the absence of enactment of the annual Budget Act by July 1 of a fiscal year, AB 533 appropriates from the Federal Trust Fund to the California Department of Aging (CDA) the amount of federal funds necessary for the administration of programs under the jurisdiction of the Area Agencies on Aging (AAA); and to the Department of Rehabilitation (DOR), the amount of federal funds necessary for the administration of programs under the jurisdiction of the Independent Living Centers (ILCs).
AB 594 (Yamada) – California Department of Aging
This bill would consolidate community based long-term care services under a single agency, led by a single mission, for the purpose of supporting Californians living with a disability, in their own home or the least restrictive homelike environment for as long as possible.
AB 899 (Yamada) Home care services
This bill would create minimum standards for the home care industry when providing private vector home care services in California, and to license home care organizations though the Department of Social Services (DSS).
AB 999 (Yamada) – Long-term care insurance
This bill would prohibit rates increases more frequently than once every 5 years for pre-stabilization policies and 10 years for post-stabilization policies.
AB 1142 (Chesbro) – Residential care facilities for the elderly
This bill strengthens admission agreement safeguards for residents living in licensed RCFEs. It clarifies the policy regarding contract termination when a resident has passed away, ensuring that a 30-day notice is not required. This bill would prohibit a residential care facility for the elderly from assessing personal care fees upon notice of the death of a resident, and prohibit the facility from assessing fees for the residential living unit of a deceased resident once it is vacated and all personal property is removed.
SB 21 (Liu) – Long-term care: assessment and planning
This bill borrows elements from the long-term care services offered in states such as Washington and Oregon to provide a case manager to persons in nursing homes. The case manager will assist individuals to return home as soon as possible. Case managers will also have the wherewithal to assist individuals with changes to their homes – such as ramps or grip bars – to accommodate needs.
This bill includes these major provisions:
- Directs the Department of Health Care Services to develop a tool for the uniform assessment of persons in need of long-term care.
- Establishes case management services through each participating county.
- Requires skilled nursing facilities to notify county long-term care case managers when a new patient or resident has been in care for 21 days.
- Provides county case managers with the authority to order renovations to homes so that individuals can return following needs for acute care or skilled nursing.
- Directs the State Department of Health Care Services and county boards of supervisors to determine which agency will house case managers: options include county departments, area agencies on aging, independent living centers, and others.
SB 135 (Hernandez) – Health facilities
This bill would allow a licensed and certified hospice program to operate a facility within its hospice license. This will expand the choices available to terminally ill patients and their families and also ensure that the care they receive is aligned with their wishes for the end of life.
SB 411 (Price) – Home Care Services Act of 2011
The Home Care Services Acts of 2011 will require private sector organizations providing home care services to be licensed by the Department of Public Health (DPH). Home care services are provided by a home care aide to a client who, because of advanced age or disability, may be institutionalized without home care services. In order to avoid institutionalization, senior and the disabled have turned to hiring home care aides individually and through agencies to assist them with activities of daily living, including bathing, dressing, and feeling.
The bill will require private home care agencies to:
- annually assess home care aide performance and effectiveness
- supervise their employees once every day 62 days
- provide consumers access to a supervisor at all times services are being provided
- document a backup staffing plan in the event that a particular home care aide is unavailable
- require a background check of all home care aides
- 8 hours of annual training.
- DPH will be responsible for investigating all complaints and making a formal list of home care service providers on the DPH website to ensure that private home care organizations are licensed.
This bill does not require individuals and family caregiver to get a license in order to provide services, and does not include the In-Home Supportive Services (IHHS) program.
SB 529 (Correa) – Seniors: community-based services: long-term care strategic plan
This bill would require the Department of Aging, in consultation with the California Commission on Aging, the area agencies on aging, and the Office of the State Long-Term Care Ombudsman, to develop a long-term care strategic plan, as specified, to provide guidance and temporary funding for community-based programs that serve seniors. The bill would require the department to submit the plan to the Legislature by July 1, 2012.
The strategic plan would address:
- Goals for the state’s long-term care system
- Services and support that will make it possible for individuals to remain in the communities and avoid institutionalization
- Feasibility of enacting a bond measure to provide necessary cash flow to restore programs that have been decimated by recent budget cuts and to facilitate establishment of a foundation for long-term care cost reductions
SB 558 (Simitian) Elder and Dependent adults: abuse or neglect: damages
This bill would help prevent physical abuse of elderly and dependent adults by providing stricter civil enforcement of the Elder and Dependent Adult Civil Protection Act. This bill allows civil cases to be enforced using a preponderance of the evidence standard, a legal standard consistent with financial abuse cases and virtually every other civil case of action.
SB 717 (Walters) – Elder or dependent abuse
This bill provides that a person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes an elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, shall be punished by imprisonment in a county jail not exceeding one year or by a fine not to exceed $6,000, or both, without regard to whether or not the violation occurred under circumstances likely to produce great bodily harm or death.
