Senior Citizens' Issues

Seniors' Legislation

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SB 21 (Liu-D) Long-term care: assessment and planning

Requires the Department of Health Care Services to work with stakeholders to develop or identify a long-term care assessment tool by 7/1/13, that identifies eligible individuals' long-term care needs. Requires counties to establish a long-term care case management program commencing 1/1/12, for persons who are Medi-Cal recipients or enrolled in both Medi-Cal and Medicare and residing in, applying for admission to, or at imminent risk of being placed in a long-term health care facility.
(In Senate Appropriations Committee)

SB 33 (Simitian-D) Elder and dependent adult abuse

Deletes the 1/1/13 sunset date on the Elder and Dependent Adult Financial Abuse Reporting Act, originally enacted in 2005.
Chapter 372, Statutes of 2011

SB 72* (Senate Budget And Fiscal Review Committee) Human services

Makes statutory changes necessary to implement Human Services-related portions of the 2011-12 Budget. (Refer to California Legislature's bill information Web site for details of provisions.)
Chapter 8, Statutes of 2011

SB 91 (Senate Budget And Fiscal Review Committee) Adult day health care centers

Contains necessary technical changes as a result of provisions adopted in budget trailer bill, AB 97 (Assembly Budget Committee), Chapter 3, Statutes of 2011, related to adult day health care.
Chapter 119, Statutes of 2011

SB 97 (Senate Budget And Fiscal Review Committee) Adult day health care

Contains a technical change to the date of implementation of a Medi-Cal provision contained in AB 97 (Assembly Budget Committee), Chapter 3, Statutes of 2011 (budget trailer bill, March 2011).
(On Senate Unfinished Business File)

SB 345 (Wolk-D) Long-Term Care Ombudsman Program

Requires the Department of Aging to contract with a qualified nonprofit organization selected by a panel established by the Department, as specified, to operate as the Office of the State Long-Term Care Ombudsman, and requires the contracting nonprofit organization to hire a qualified person to serve as the State Long-Term Care Ombudsman after consulting with the Department's Director and other stakeholders on the selection. Provides that the Office shall carry out all the duties prescribed by the federal Older Americans Act and makes other conforming changes.
(In Senate Human Services Committee)

SB 393 (Hernandez-D) Medical homes

Establishes the Patient-Centered Medical Home Act of 2011 to encourage licensed health care providers and patients to partner in a patient-centered medical home, as defined, promoting access to high-quality, comprehensive care, in accordance with prescribed requirements, and conforming with federal law.
(In Assembly Health Committee)

SB 558 (Simitian-D) Elder and dependent adults: abuse or neglect

Changes the evidentiary standard of proof for elder and dependent abuse or neglect cases from clear and convincing to preponderance of the evidence. Clarifies that punitive damages may not be imposed against an employer unless the requirements for other civil case exemplary damages against employers are satisfied; this requirement will not apply to the recovery of compensatory damages or attorney's fees and costs.
(In Assembly Appropriations Committee)

SB 717 (Walters-R) Elder or dependent abuse

Provides that a person who 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 by both fine and imprisonment, or by imprisonment in the state prison for two, three, or four years, without regard to whether or not the violation occurred under circumstances likely to produce great bodily harm or death. Deletes the provisions regarding elder or dependent adult abuse under circumstances or conditions other than those likely to produce great bodily harm or death.
(In Senate Public Safety Committee)

SB 718 (Vargas-D) Elder and dependent adult abuse: mandated reporting

Allows mandated reporters to report known or suspected elder abuse over the Internet, and requires an Internet report to contain the same information elements as a telephone report. Allows a written abuse report that is currently required as a follow-up to the telephone report to be submitted through a confidential Internet reporting tool, if the county or long-term care ombudsman program chooses to implement such a system. Requires that county ombudsmen who implement the Internet reporting option report to the relevant legislative policy committees on the effectiveness of this reporting tool.
Chapter 373, Statutes of 2011

SB 799 (Negrete McLeod-D) Long-term care

Requires the Department of Public Health to complete long-term care facility complaint investigations within a 90-working day period. Extends the time period from five business days to 15-working days in which a complainant will notify the Department of his/her request for an informal conference to discuss the investigation's determination, and requires additional mini-exit interview requirements.
(In Senate Appropriations Committee)

SB 840 (Evans-D) Seniors: health facilities: carbon monoxide detectors

Requires an owner of a health facility, including skilled nursing facilities, all types of intermediate care facilities, and all types of congregate living health facilities, to install carbon monoxide devices in the facility in or around areas that contain a fossil fuel burning appliance within 180 days after the Office of Statewide Health Planning and Development adopts regulations pursuant to this bill.
(In Senate Appropriations Committee)

SB 897 (Leno-D) Residential care facilities for the elderly

Requires licensees of residential care facilities for the elderly to notify the State Long-Term Care Ombudsman, residents and potential residents, and the Department of Social Services of specified events indicating financial distress.
Chapter 376, Statutes of 2011

SCR 32 (Correa-D) Senior Volunteer Month

Declares May 2011, and each May thereafter, as "Senior Volunteer Month" to honor the contributions of California's senior volunteers.
Resolution Chapter 21, Statutes of 2011

AB 40 (Yamada-D) Elder abuse: reporting

Requires mandated reporters of elder or dependent adult abuse to report suspected or known instances of elder or dependent adult abuse, which is believed to have occurred in a long-term care facility, to both the Long-Term Care Ombudsman and local law enforcement. Requires mandated reporters of suspected financial abuse of an elder or dependent adult to report known or suspected instances of financial abuse against an individual living in a long-term care facility, to both the Ombudsman and local law enforcement.
(In Senate Human Services Committee)

AB 69 (Beall-D) Senior nutrition benefits

Allows counties to identify, through the Social Security Administration benefits database, seniors who may be eligible for CalFresh benefits in order to enroll them in the program and improve their nutrition.
Chapter 502, Statutes of 2011

AB 96 (Assembly Budget Committee) Keeping Adults Free from Institutions program

Establishes the Keeping Adults Free from Institutions program, and requires the Department of Health Care Services to submit an application to the federal Centers for Medicare and Medicaid Services to implement the program.
Vetoed

AB 138 (Beall-D) Elder Economic Planning Act of 2011

Establishes the Elder Economic Security Act of 2011 and requires the Department of Aging to report the Elder Economic Security Standard Index for each service area in its state plan and use it as a reference when making decisions about allocating its existing resources. Each area agency on aging will be required to use the Index as a reference when making decisions about allocating existing resources to specify the costs in the private market of meeting the basic needs of elders in each planning and service area.
Chapter 668, Statutes of 2011

AB 313 (Monning-D) Seniors: residential care facilities

Requires each residential care facility for the elderly to provide residents, their responsible party, and the local long-term care ombudsman with a written notice when the Department of Social Services commences proceedings to suspend or revoke its license, or a criminal action relating to health or safety of the residents is brought against the facility, defines maximum penalties, and makes other changes related to these actions.
Chapter 365, Statutes of 2011

AB 332 (Butler-D) Elder abuse

Increases the fines for fraud, embezzlement, theft, etcetera, against an elder or dependent adult when the amount taken is more than $950.
Chapter 366, Statutes of 2011

AB 367 (Smyth-R) Elder abuse: reporting

Allows mandated and non-mandated reporters of elder and dependent adult abuse to report suspected elder and dependent adult abuse occurring within a community to any Adult Protective Services agency or law enforcement agency, regardless of whether the agency lacks geographical or subject matter jurisdiction or obligation to receive the report.
(In Assembly Aging and Long-Term Care Committee)

AB 419 (Mitchell-D) Care facilities

Increases the frequency of inspections at facilities licensed by the Department of Social Services, Community Care Licensing Division.
(In Assembly Appropriations Committee)

AB 518 (Wagner-R) Elder and dependent adult abuse: mandated reporters

Deletes the 1/1/13 repeal date of the Financial Elder Abuse Reporting Act of 2005, which extends mandated reporting requirements to officers and employees of financial institutions. Makes other technical and conforming changes.
(In Senate Banking and Financial Institutions Committee)

AB 533* (Yamada-D) Area agencies on aging: independent living centers: funding

Establishes a continuous appropriation from the Federal Trust Fund for two programs serving the elderly and disabled when the state budget has not been enacted by July 1.
(In Assembly Appropriations Committee)

AB 547 (Gatto-D) Seniors: voting

Makes it a misdemeanor for a care provider in a state-licensed facility to coerce an elder into voting for or against a candidate or measure contrary to the elder's intent.
Chapter 260, Statutes of 2011

AB 574 (Bonnie Lowenthal-D) Program of All-Inclusive Care for the Elderly

Requires the Department of Health Care Services (DHCS) to establish the California Program of All-Inclusive Care for the Elderly and deletes a pilot program and demonstration project requirements in these related provisions. Provides that DHCS may enter into contracts with public or private nonprofit organizations for implementation of the Program of All-Inclusive Care for the Elderly (PACE) program and increase to 15 the number of separate contracts DHCS may enter into with PACE organizations, as defined. Makes other conforming changes.
Chapter 367, Statutes of 2011

AB 594 (Yamada-D) Department of Aging and Adult Services

Enacts the Community Care Modernization Act of 2011. Establishes the Department of Adult and Aging Services in the California Health and Human Services Agency, for the purpose of maintaining individuals in their own homes, or the least restrictive homelike environments for as long as possible, by integrating services under a single agency, to establish stronger, more focused leadership for home- and community-based services for all older adults and persons with disabilities.
(In Assembly Human Services Committee)

AB 689 (Blumenfield-D) Senior insurance: annuity transactions

Requires insurance producers and insurers selling annuities to have reasonable grounds to believe their recommendations are suitable for consumers, and to adopt a regulatory process to enforce this requirement.
Chapter 295, Statutes of 2011

AB 748 (Yamada-D) Seniors: continuing care retirement communities

Transfers specified duties, powers, purposes, functions, responsibilities, and jurisdiction of the Department of Social Services to the Department of Insurance, as prescribed.
(In Assembly Human Services Committee)

AB 784* (Yamada-D) Adult day health care

Requires an adult day health care center to have a prescribed program plan, as defined. Provides the minimum staffing requirements for an adult day health care center.
(In Senate Health Committee)

AB 999 (Yamada-D) Long-term care insurance

Revises long-term care insurance oversight to enhance consumer information, revises rate calculation requirements, and restricts the timing of rate changes.
(In Senate Insurance Committee)

AB 1090 (Blumenfield-D) Senior citizens: property tax relief

Enacts the County Deferred Property Tax Program for Senior and Disabled Citizens and allows each county to participate in the Program.
Chapter 369, Statutes of 2011

AB 1142 (Chesbro-D) Seniors: residential care facilities

Prohibits residential care facilities for the elderly from charging specific fees for people who are deceased.
(In Senate Human Services Committee)

AB 1293 (Blumenfield-D) Elder abuse: theft or embezzlement: restitution

Allows the seizing and preservation of assets of a criminal defendant charged with felony elder or dependent adult financial abuse.
Chapter 371, Statutes of 2011

AB 19X1* (Blumenfield-D) Long-term care

Makes changes to Medi-Cal Program reimbursement for nursing homes for implementation of the Budget Bill for 2011-12.
Chapter 4, Statutes of 2011, First Extraordinary Session

AB 34X1 (Blumenfield-D) Seniors: State Controller: property tax postponement

Establishes the Senior Citizens and Disabled Citizens Property Tax Postponement Fund within the State Treasury and annually appropriates moneys in the Fund for the purposes of paying costs and disbursements related to the postponement of property taxes of eligible senior citizens and disabled citizens.
Vetoed

ACR 78 (Galgiani-D) California Senior Center Month

Declares the month of November 2011 as California Senior Center Month in recognition of the importance of senior centers to California's older adult population.
Resolution Chapter 116, Statutes of 2011

HR 13 (Yamada-D) Elder and Vulnerable Adult Abuse Awareness Month

Proclaims and acknowledges the month of May 2011, and every year thereafter, as the Elder and Vulnerable Adult Abuse Awareness Month.
Adopted by the Assembly

Index (in Bill Order)

Bills Author and Bill Title Reference
SB 21 Liu-D
Long-term care: assessment and planning

Seniors' Legislation

SB 33 Simitian-D
Elder and dependent adult abuse
Seniors' Legislation
SB 72* Senate Budget And Fiscal Review Committee
Human services
Seniors' Legislation
SB 91 Senate Budget And Fiscal Review Committee
Adult day health care centers
Seniors' Legislation
SB 97 Senate Budget And Fiscal Review Committee
Adult day health care
Seniors' Legislation
SB 345 Wolk-D
Long-Term Care Ombudsman Program
Seniors' Legislation
SB 393 Hernandez-D
Medical homes
Seniors' Legislation
SB 558 Simitian-D
Elder and dependent adults: abuse or neglect
Seniors' Legislation
SB 717 Walters-R
Elder or dependent abuse
Seniors' Legislation
SB 718 Vargas-D
Elder and dependent adult abuse: mandated reporting
Seniors' Legislation
SB 799 Negrete McLeod-D
Long-term care
Seniors' Legislation
SB 840 Evans-D
Seniors: health facilities: carbon monoxide detectors
Seniors' Legislation
SB 897 Leno-D
Residential care facilities for the elderly
Seniors' Legislation
SCR 32 Correa-D
Senior Volunteer Month
Seniors' Legislation
AB 40 Yamada-D
Elder abuse: reporting
Seniors' Legislation
AB 69 Beall-D
Senior nutrition benefits
Seniors' Legislation
AB 96 Assembly Budget Committee
Keeping Adults Free from Institutions program
Seniors' Legislation
AB 138 Beall-D
Elder Economic Planning Act of 2011
Seniors' Legislation
AB 313 Monning-D
Seniors: residential care facilities
Seniors' Legislation
AB 332 Butler-D
Elder abuse
Seniors' Legislation
AB 367 Smyth-R
Elder abuse: reporting
Seniors' Legislation
AB 419 Mitchell-D
Care facilities
Seniors' Legislation
AB 518 Wagner-R
Elder and dependent adult abuse: mandated reporters
Seniors' Legislation
AB 533* Yamada-D
Area agencies on aging: independent living centers: funding
Seniors' Legislation
AB 547 Gatto-D
Seniors: voting
Seniors' Legislation
AB 574 Bonnie Lowenthal-D
Program of All-Inclusive Care for the Elderly
Seniors' Legislation
AB 594 Yamada-D
Department of Aging and Adult Services
Seniors' Legislation
AB 689 Blumenfield-D
Senior insurance: annuity transactions
Seniors' Legislation
AB 748 Yamada-D
Seniors: continuing care retirement communities
Seniors' Legislation
AB 784* Yamada-D
Adult day health care

Seniors' Legislation

AB 999 Yamada-D
Long-term care insurance

Seniors' Legislation

AB 1090 Blumenfield-D
Senior citizens: property tax relief

Seniors' Legislation

AB 1142 Chesbro-D
Seniors: residential care facilities

Seniors' Legislation

AB 1293 Blumenfield-D
Elder abuse: theft or embezzlement: restitution

Seniors' Legislation

ACR 78 Galgiani-D
California Senior Center Month

Seniors' Legislation

HR 13 Yamada-D
Elder and Vulnerable Adult Abuse Awareness Month

Seniors' Legislation

AB 19X1* Blumenfield-D
Long-term care

Seniors' Legislation

AB 34X1 Blumenfield-D
Seniors: State Controller: property tax postponement

Seniors' Legislation