Seniors' Legislation
SB 411 (Peace-D) Residential care
Revises the recertification process for administrators of adult residential care facilities or residential care facilities for the elderly.
Chapter 36, Statutes of 1998
SB 478 (Haynes-R) Residential care facilities for the elderly
Requires an individual designated to continue the operation of a residential care facility for the elderly (RCFE) after the death of the licensee to notify the State Department of Social Services (DSS) of the licensee's death by the close of business on DSS's next business day. Deletes the requirement that DSS be informed of the designee's intent to continue operating the facility as an RCFE.
Chapter 179, Statutes of 1998
SB 493* (Thompson-D) Parks and recreation: appropriation
Appropriates $250,000 from the Public Resources Account of the Cigarette and Tobacco Products Surtax Fund to construct a senior center in the City of Clearlake.
(Died on Assembly Inactive File)
SB 588 (Hughes-D) Elder abuse
States legislative intent to implement an omnibus elder abuse reform effort, in coordination with the California Commission on Aging, for the prevention of elder abuse. Requires the commission to prepare guidelines establishing standard procedures that may be followed by law enforcement in the investigation and response to cases of elder or dependent adult abuse or neglect. Authorizes certain peace officers to issue a certification to a financial institution or escrow company that a person is substantially unable to manage his/her financial resources or to resist fraud, is in imminent danger of losing his/her property as a result of fraud or misrepresentation, and he/she suffers from that inability as a result of deficits in one or more mental functions.
Requires the State Department of Social Services to implement procedures to ensure that the prevention of elder abuse, intervention, and treatment services become a very high priority for the state, to pursue the establishment of a 24-hour emergency shelter for victims of elder abuse in each county and develop minimum standards for the protection of victims and potential victims of elder abuse. Requires specified state agencies to jointly implement a pilot program of elder abuse prevention, protection and education for a period of five years.
(Died in Senate Judiciary Committee)
SB 620 (Peace-D) Care facilities
Caps fees charged for criminal background checks for persons seeking to operate or work at community care facilities or residential care facilities for the elderly.
(Died in Senate Appropriations Committee)
SB 942 (Solis-D) Long-term care reimbursement rates
Requires the State Department of Health Services to increase rate payments for long-term health care facilities under the Medi-Cal program to maintain reasonable wage differentials for employees earning wages above minimum wage levels, and appropriates $12.2 million from the General Fund to the department for that purpose.
(Died in Senate Appropriations Committee)
SB 1098 (Kopp-I) Employment: age discrimination
Amends the state's age discrimination statute to expressly provide that it is an unlawful employment practice to discriminate against an employee over the age of 40 in compensation or other "terms, conditions or privileges" of employment, absent a "business necessity," and invalidates a recent controversial appellate case.
Vetoed by the Governor
Similar legislation was SB 2192 (Vasconcellos-D), which died at Assembly Desk; and AB 1643 (Escutia-D) which was vetoed by the Governor.
SB 1361 (Alpert-D) Adult day care centers
Permits facilities that serve adults with Alzheimer's disease and other dementia to install egress control devices or secured perimeter fences.
Chapter 729, Statutes of 1998
SB 1479 (Lewis-R) Life insurance: disclosures
Allows the special highlighted disclosure notice regarding illustrations which is provided to seniors who are offered individual life insurance policies or individual annuity contracts to be on an attached cover sheet, or in the form of a contrasting color sticker placed on the front of the illustration.
Chapter 379, Statutes of 1998
SB 1537 (Rosenthal-D) Long-term care insurance
Makes various changes to the laws regulating federally tax qualified and non-tax qualified long-term care insurance policies, including a provision to allow policyholders to switch between the two types of policies if specified federal action is taken.
Chapter 1067, Statutes of 1998
SB 1542 (Knight-R) Brown Bag Program
Expands eligibility for the Brown Bag Program to the extent that surplus food exists and within the limit of available funding.
Chapter 383, Statutes of 1998
SB 1606 (Lewis-R) Pharmacy: automated drug delivery systems
Establishes procedures for the use of Automated Drug Delivery Systems in long-term care facilities.
Chapter 778, Statutes of 1998
SB 1630 (Rosenthal-D) Residential care facilities for the elderly
Requires residential care facilities for the elderly to make available to consumers their most recent inspection reports.
Chapter 306, Statutes of 1998
SB 1715 (Calderon-D) Elder and dependent adult abuse
- Pevents a person from inheriting from, or acting in a fiduciary capacity for, an elder or dependent adult if the person is either convicted of specified acts of abuse or it is proven that the person is liable for physical abuse, neglect, or fiduciary abuse and the elder or dependent adult is found to have been substantially unable to manage his or her financial resources or to resist fraud or undue influence.
- Allows the court, in determining whether to authorize specified financial transactions for a conservatee, to consider whether a beneficiary has committed physical abuse, neglect, false imprisonment, or fiduciary abuse against the conservatee after the conservatee has been determined unable to manage his or her own financial resources.
- Enhances the penalty for false imprisonment of a person over 65 by use of violence, menace, fraud, or deceit to be two, three, or four years in state prison.
Chapter 935, Statutes of 1998
SB 1724* (Johannessen-R) Elderly and disabled adults: long-term care plan
Requires additional information to be included in a forthcoming Health and Welfare Agency report on community long-term care programs, and specifies a timetable be included for implementing various program "options" should the Legislature so choose.
Vetoed by the Governor
SB 1791 (McPherson-R) State Ombudsman: account
Annually appropriates $145,000 from the General Fund to support the Long-Term Care Ombudsman Program and deposits it into a special account created by the bill.
Vetoed by the Governor
SB 1808 (Hughes-D) Elder abuse
Requires the State Department of Aging, the State Department of Social Services, and the State Department of Health Services to jointly implement a comprehensive elder abuse prevention, protection, and education pilot program for a period of five years and report to the appropriate committees of the Legislature by January 1, 2005.
(Died in Senate Health and Human Services Committee)
SB 1809 (Hughes-D) Ombudsman programs: funding
Broadens the scope of current law regarding the intimidation of witnesses and victims, and creates a straight felony for persons who retaliate or intimidate a victim of elder or dependent adult abuse. Also allows local long-term care ombudspersons who verify elder abuse or determine if the health or safety of an incapacitated resident is endangered, to report the abuse to a law enforcement agency.
Authorizes ombudspersons to make such reports without a victim's consent if the victim is incapacitated, provided the provision is permissible under federal law.
(Died in Assembly Appropriations Committee)
SB 1810 (Hughes-D) Elder abuse
Requires the State Department of Social Services (DSS) to implement procedures to ensure that the prevention of elder abuse, and intervention and treatment services for the protection of abused, neglected, and exploited elders, shall become very high priorities for the state. Requires DSS to pursue legislative support for a comprehensive adult protective services program and pursue the establishment and funding of a 24-hour emergency shelter for victims of elder abuse in each county. Also requires DSS to develop minimum standards for the protection of victims and potential victims of elder or dependent adult abuse with outcome measures to ensure that the protective services system effectively provides victims and potential victims with opportunities for normal development, well-being, and the capacity for independence.
(Died in Senate Health and Human Services Committee)
SB 1868 (Hughes-D) Elder abuse
Creates a three-year pilot program in Los Angeles County, upon request, to be administered by the State Department of Social Services to reduce financial abuse of mentally impaired seniors. Authorizes the Counties of Riverside, San Francisco and Ventura, upon request, to participate if funds are appropriated by the Legislature.
Vetoed by the Governor
SB 1911 (Vasconcellos-D) Aging: strategic planning
Directs the Health and Welfare Agency to develop a comprehensive strategic plan to address impending changes related to California's aging population. Appropriates $125,000 from the General Fund.
Vetoed by the Governor
SB 2031* (Lockyer-D) Crimes against children and the elderly
Appropriates $5 million to the State Department of Justice to be used for grants to counties to be spent in support of prosecution of crimes against children, and $5 million to be used in support of prosecution of crimes against the elderly and dependent adults.
Vetoed by the Governor
SB 2194 (Wright-R) Residential care facilities: home health care
Provides that a patient's information which is shared between home health service providers who provide patient services within a residential care facility is subject to the Confidentiality of Medical Information Act.
Also clarifies that a Certified Nurses Assistant (CNA) or Certified Home Health Aide (CHHA) need only receive clearance under the criminal background checks required of CNAs and CHHAs in order to be certified to provide in-home care by the State Department of Health Services.
Chapter 831, Statutes of 1998
SB 2199 (Lockyer-D) Elder and dependent adult abuse
Commencing May 1, 1999, expands and redefines reporting requirements regarding elder or dependent adult abuse, and creates various adult protective services programs in all counties contingent upon funding.
Chapter 946, Statutes of 1998
AB 72 (Knox-D) Citizenship assistance: immigrants
Provides for citizenship assistance to elderly, blind, and disabled and other legal immigrants receiving public social services.
(Died in Senate Appropriations Committee)
AB 190 (Napolitano-D) Elder abuse: statute of limitations
Extends the statute of limitations to 5 years for elder abuse crimes, and provides that the statute of limitations for elder abuse financial crimes does not begin to run until the date of discovery of the offense.
Chapter 944, Statutes of 1998
AB 324 (Baldwin-R) Veterans Alzheimer's Disease and related dementia
Authorizes the Veterans' Home of California, Barstow, to use up to 250 of its beds for skilled nursing care.
Chapter 976, Statutes of 1998
AB 779 (Woods-R) Aging
Amends, reorders, renumbers and makes various other changes, primarily non-substantive in nature, to current statutes governing the State Department of Aging's Office of the Long-Term Care Ombudsman Program, to eliminate obsolete, redundant and overly prescriptive provisions of the Older Californians Act.
(Died on Assembly Inactive File)
AB 880 (Hertzberg-D) Elder abuse
Expands criminal sanctions for offenses pertaining to financial abuse of the elderly and dependent adults so as to apply to all persons, not just caretakers.
Chapter 934, Statutes of 1998
AB 1032 (Frusetta-R) Long-term health care facilities: employees
Prohibits a person from providing direct patient care in a long-term care facility if that person has been convicted of a violation of certain provisions of the Penal Code, with certain exceptions.
(Died in Assembly Health Committee)
AB 1069* (Cardoza-D) Housing for elderly relatives
Allows the Legislature to grant a property tax exemption of up to $50,000 of new construction to an owner-occupied home for the purpose of creating living quarters for an elderly relative.
(Died in Senate Revenue and Taxation Committee)
Its companion measure, ACA 6 (Cardoza-D), also died in the Senate Revenue and Taxation Committee.
AB 1087 (Aguiar-R) Nursing facilities
Requires the State Department of Health Services (DHS) to conduct a pilot project, in a selected licensing district, to test the viability of using a Joint Commission on the Accreditation of Health Care Organizations review process in lieu of the existing Medicare and Medicaid certification survey enforcement process for the oversight of nursing facilities. Requires DHS to seek any necessary federal waivers after the federal government indicates its willingness to entertain these waivers, and to implement the project immediately upon approval of the waivers, for a period of 30 months. Requires DHS to report the results to the Legislature upon completion of the pilot project.
(Died in Senate Appropriations Committee)
AB 1133 (Gallegos-D) Long-term health care facilities
- Requires the State Department of Health Services to promote the quality of long term care services by evaluating innovative care models, providing statewide training on facility practices, and providing facilities with technical assistance.
- Removes the director's option to waive penalties on "B" citations.
- Permits a nursing home operator to contest a "B" citation through binding arbitration.
- Increases from 50% to 65% the minimum portion of a fine that must be forwarded to the department within 15 days of the issuance of an uncontested citation.
Chapter 650, Statutes of 1998
AB 1147 (Shelley-D) Elderly and dependent adults: abuse: civil actions
Provides that health care providers, such as skilled nursing facilities, are subject to civil remedies provided by the Elder Abuse and Dependent Adult Civil Protection Act when the remedies are authorized by that Act. Declares its provisions declaratory of existing law.
(Died on Senate Inactive File)
AB 1249 (Davis-D) Aging: respite care program and registry
Requires the State Department of Aging to establish a statewide respite care program and registry to provide services to individuals providing care to the elderly and the disabled. Requires the department to conduct a criminal background check on each respite care provider.
(Died in Assembly Human Services Committee)
AB 1338 (Alquist-D) Residential care facilities for the elderly
Requires residential care facilities for the elderly to provide each resident, upon admission, with written information on advance directives.
Chapter 578, Statutes of 1998
Similar legislation was AB 1627 (Alquist-D), which died in Assembly Health Committee.
AB 1618* (Morrissey-R) Personal income taxes: seniors
Grants a $20,000 deduction from the gross income of resident individual taxpayers who are at least 65 years of age. Limits the deduction to taxpayers with adjusted gross incomes of $127,000 for the 1998 tax year and indexed thereafter.
(Failed passage in Assembly Revenue and Taxation Committee)
AB 1627 (Alquist-D) Residential care facilities for the elderly
Requires a residential care facility for the elderly to comply with various provisions relating to advanced directives.
(Died in Assembly Health Committee)
AB 1661 (Alquist-D) Long-term care facilities: consumer information
Requires the State Department of Aging to develop a consumer resource guide on skilled nursing facilities and residential care facilities for the elderly.
(Died in Assembly Health Committee)
AB 1716 (Murray-D) Lawyers: financial services
Specifies the circumstances under which an attorney may sell financial products to a client who is an elder or dependent adult with whom the lawyer has or has had, within the preceding three years, an attorney-client relationship.
Vetoed by the Governor
AB 1780 (Murray-D) Elder abuse: reporting requirements
Adds "neglect, financial abuse, abandonment, and isolation" to the list of incidents that constitute a reportable elder abuse or dependent abuse condition. Expands the definition of "mandated reporter." Provides that any mandated reporter who willfully fails to report physical abuse, isolation, financial abuse or neglect of an elder or dependent adult where that abuse results in death or great bodily injury, is punishable by an increased penalty of not more than one year in a county jail or by a fine of not more than $5,000, or imprisonment in the state prison (a new felony).
Chapter 980, Statutes of 1998
AB 1931 (Murray-D) Referral agencies
Requires any agency that makes referrals to a residential care facility for the elderly to be certified annually by the State Department of Social Services, Division of Community Care Licensing.
Vetoed by the Governor
AB 1952 (Cedillo-D) Elder or dependent adults: abuse
Sets forth procedures under which an elder or dependent adult who has suffered abuse may seek protective orders.
(Died in Senate Judiciary Committee)
AB 1955 (Woods-R) Criminal neglect: elders and dependent adults
Creates an exception for being prosecuted for elder abuse, providing for a defense where there is treatment by spiritual means, as defined. Revises and recasts elder abuse provisions, and applies the provisions to situations where the person having care or custody of an elder or dependent adult willfully causes neglect through a failure to prevent malnutrition, provide medical care or other remedial care, assist with personal hygiene, or furnish food, clothing or shelter.
(Died at Senate Desk)
AB 1987 (Aroner-D) Community and residential care facilities
Requires that security bars on windows in sleeping rooms of licensed community care facilities have safety release mechanisms that meet state and local requirements when all windows are barred.
Chapter 343, Statutes of 1998
AB 2141 (Hertzberg-D) Long-term health care facilities: bankruptcy
Provides for appropriate levels of communication among all parties and protects patients against inappropriate transfer or discharge when the licensee of a long-term health care facility files bankruptcy.
Chapter 474, Statutes of 1998
AB 2155 (Keeley-D) Residential care facilities for the elderly: health care
Requires resident participation in developing a written record regarding care and services in residential care facilities for the elderly.
Chapter 660, Statutes of 1998
AB 2186 (Mazzoni-D) Elder and dependent adult abuse
Revises requirements and procedures for the reporting of suspected incidents of elder or dependent abuse.
(Died in Assembly Human Services Committee)
AB 2418 (Olberg-R) Volunteers: seniors
Prohibits state and local agencies from discriminating against individuals 60 years or older who are interested in providing volunteer services, as specified.
Chapter 188, Statutes of 1988
AB 2559 (Gallegos-D) Residential care facilities for the elderly: accessibility
Requires licensed elderly residential care facilities, with 75 or more beds, to meet long-term care facilities' accessibility regulations (Group I Occupancy), except bedrooms and toilets, which must comply with specified requirements.
Also requires the State Architect to develop and submit to the Building Standards Commission for adoption into the California Building Standards Code all necessary accessibility regulations for elderly residential care facilities as required for other public use long-term care facilities.
Allows the State Architect to recover all costs to develop disabled access regulations from the State Department of General Services' Access for Handicapped Account.
(Died in Senate Local Government Committee)
AB 2583 (Shelley-D) Elderly: demonstration projects
Increases the number of demonstration projects to develop risk-based long-term care pilot programs from five to ten.
Chapter 483, Statutes of 1998
AB 2686 (Mazzoni-D) Community care facilities
Enables low-income housing providers that are regulated by the U.S. Department of Housing and Urban Development to actively assist their residents in accessing services that enable them to age-in-place.
Chapter 945, Statutes of 1998
AB 2705 (Mazzoni-D) Long-Term Care Ombudsman Program
Sets forth provisions to ensure that the position of State Long-Term Care Ombudsman has the appropriate qualifications to constructively manage the statewide program.
Vetoed by the Governor
AB 2782 (Keeley-D) Budget trailer bill, senior citizens
Among other provisions, appropriates $350,000 for the Cloverdale Senior Citizens Center.
Chapter 953, Statutes of 1998
AB 2797* (Cardoza-D) Senior Citizens' Property Tax Assistance Program
Applies inflation adjustment factors to the household income amounts that determine the amount of assistance a claimant receives in the Senior Citizens' Property Tax Assistance and Renters' Assistance Program.
Chapter 322, Statutes of 1998
ACR 88 (Mazzoni-D) Long-term care awareness
Proclaims that, henceforth, the month of May will be designated as Long-Term Awareness Month and 1998 will be designated as The Year of Long-Term Care Awareness.
Resolution Chapter 10, Statutes of 1998
ACR 123 (Havice-D) Older Workers Employment Week
Designates the week of April 19-25, 1998, as Older Workers Employment Week.
(Died in Assembly Rules Committee)
ACR 140 (Wayne-D) Older Californians Month
Declares the month of May 1998 as Older Californians Month.
