Senior Citizens' Issues

Seniors' Legislation

Seniors' Legislation

SB 211 (Dunn-D) Residential care facilities for the elderly

Specifies requirements for the form and content of admission agreements for residential care facilities for the elderly and requires a facility to conspicuously post a copy of its agreement within the facility. Requires the admission agreement to include, among other things, a comprehensive fee schedule, an explanation of third-party services, information relating to residents' rights, and information relating to billing and payment, term of contract, refunds, and termination of the agreement.

Chapter 409, Statutes of 2003

SB 226 (Cedillo-D) Firearms: elder and dependent adult abuse

Adds persons subject to a protective order involving "elder or dependent adult" abuse to the existing prohibitions and penalties for persons who are the subject of a protective or restraining order and are prohibited from purchasing, owning, receiving, or possessing firearms, and makes a variety of other related changes to law pertaining to firearms and protective orders, as specified.

Chapter 498, Statutes of 2003

SB 230* (Morrow-R) Sales and use taxes: exemption: senior citizens

Exempts from the Sales and Use Tax Law tangible personal property that is purchased, stored, used, or consumed by a person aged 65 years or older. Also provides that this exemption does not apply to local sales or transactions and use tax rates and certain state rates imposed for the funding of locally provided services.

(In Senate Revenue and Taxation Committee)

SB 343 (Florez-D) Elder and dependent adult abuse: civil actions: damages

Provides an exception for actions brought under the Elder Abuse and Dependent Adult Civil Protection Act from the provision relating to claims for punitive damages. Applies this exception retroactively to civil actions pending on January 1, 2004, to the extent permitted by law.

(In Senate Judiciary Committee)

SB 540 (Soto-D) Residential care facilities for the elderly

Requires a licensee of a residential care facility for the elderly that advertises or promotes special care, programming, or services for persons with a health related condition, except as prescribed, to provide to each prospective resident prior to admission an accurate, written narrative description of these programs and services.

Chapter 322, Statutes of 2003

SB 620 (Scott-D) Annuities: life insurance

Increases the restrictions on the marketing of life insurance and annuities to senior citizens. Specifically, (1) creates new training requirements for insurance agents and brokers, (2) requires additional disclosures for life insurance and annuity products, and (3) imposes restrictions on the sale of life insurance and annuities in the home of a senior.

Chapter 547, Statutes of 2003

SB 1076 (Senate Health And Human Services Committee) Continuing care: elder residents

Requires continuing care providers to conduct a resident satisfaction survey biennially, rather than biannually.

Chapter 324, Statutes of 2003

AB 1* (Berg-D) Area agencies on aging: funding

Establishes a continuous appropriation from the Federal Trust Fund to the California Department of Aging for the area agencies on aging in any year in which the state budget is not enacted by July 1 and authorizes the State Department of Finance to reduce the applicable Budget Act allocations by the amount paid out pursuant to this bill.

(In Assembly Appropriations Committee)

AB 41* (Daucher-R) Area agencies on aging: funding

Creates the Senior Citizens Interim Payment Fund, which would be continuously appropriated for up to $22 million in Federal Trust Funds in any year in which the state budget is not enacted by July 1 and provides funding to pay for local administration of services to the elderly provided through the California Department of Aging's area agencies on aging in the absence of an enacted state budget.

(In Assembly Appropriations Committee)

AB 43 (Daucher-R) Chronic Care Integration program and pilot project

Renames the existing Long-Term Care Integration program, administered by the State Department of Health Services, the Chronic Care Integration (CCI) program, and establishes CCI as an ongoing program. Makes various changes to the program with respect to eligible participating entities, financing, site requirements, selection criteria for programs, and service requirements.

Vetoed by the Governor

AB 137 (Correa-D) Income taxes: designated contributions: senior citizens

Extends the sunset date on the California Fund for Senior Citizens tax checkoff to January 1, 2010, provided the fund receives at least a specified, minimum level of contributions annually.

Chapter 376, Statutes of 2003

AB 180* (Shirley Horton-R) Area agencies on aging

Requires the California Department of Aging, in conjunction with the State Controller's Office, to develop and implement a system for a monthly electronic funds transfer to the 33 area agencies on aging by August 1, 2004.

(In Assembly Appropriations Committee)

AB 211* (Maze-R) Homeowners' property tax exemption

Increases the homeowners' property tax exemption for senior citizens for assessment years beginning on or after January 1, 2004.

(In Assembly Revenue and Taxation Committee)

AB 412 (Chan-D) Insurance: consumer protection

Requires the State Insurance Commissioner to convene a task force and on-going work group on insurance fraud as it relates to senior citizens.

(In Assembly Appropriations Committee)

AB 414 (Nakano-D) Residential care facilities for the elderly

Modifies the continuing education training for administrators of a residential care facility for the elderly.

Chapter 305, Statutes of 2003

AB 634 (Steinberg-D) Elder abuse actions: confidentiality

Establishes state policy disfavoring confidential settlement agreements in any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) such as financial abuse, neglect, or physical abuse, and requires a showing, as specified, before a confidentiality agreement in an EADACPA proceeding may be recognized or enforced by the court.

Also provides that in any civil action the factual foundation for which establishes a cause of action for a violation of the EADACPA, any information acquired through discovery and is protected from disclosure by a stipulated protective order shall remain subject to the protective order, except for information that is evidence of abuse of an elder or dependent adult. For that information, establishes a process for submitting that information to the court for the court's review and determination as to whether it should remain confidential or be subject to disclosure, as specified.

Chapter 242, Statutes of 2003

AB 784 (Daucher-R) California Department of Aging

Renames the California Department of Aging the "California Department of Adult and Aging Services" and combines services currently administered by a variety of state agencies into this umbrella agency.

(In Assembly Appropriations Committee)

AB 785 (Daucher-R) Long-term care service delivery models

Requires the board of supervisors of each county to adopt one of three specified service delivery models for long-term care. Identifies the service delivery models as (1) the coordinated system of care, described as a network of service providers that communicate through established protocols, under the administration of a lead agency or coordinating council designated by the board of supervisors; (2) the integrated service delivery system, which streamlines and consolidates the delivery of long-term care services under the administration of a single service agency designated by the board of supervisors; and (3) the capitated service delivery system, which integrates the financing and administration of long-term care and medical care services under the administration of a single service agency designated by the board of supervisors.

(In Assembly Aging and Long Term Care Committee)

AB 798 (Assembly Aging And Long Term Care Committee) Medi-Cal: all-inclusive care for the elderly

Establishes the Programs of All-Inclusive Care for the Elderly as a Medi-Cal optional benefit.

Chapter 112, Statutes of 2003

AB 799 (Shirley Horton-R) Aging programs: competitive bidding

Allows area agencies on aging to continue a contract with a direct services contractor of an Alzheimer's Day Care Resource Center Program or the Linkages Program without using the competitive bidding process, unless the area agency on aging deems it in the best interest of the state to do so.

Vetoed by the Governor

AB 1295 (Calderon-D) Elder and dependent adult abuse

Establishes a pilot program in the counties of Los Angeles, San Diego and San Francisco to develop training materials for employees of financial institutions to recognize and report financial abuse of elderly adults.

(In Assembly Appropriations Committee)

AB 1298 (Daucher-R) Continuing care contracts: retirement communities

Makes several changes to continuing care contracts (CCC) utilized by community care retirement communities, residential providers of services to the elderly. Specifically, (1) requires a CCC to describe the provider monitoring methodology used for occupants of certain residential living units; and (2) specifies the requirements for observing or monitoring a resident's status.

(In Senate Health and Human Services Committee)

AB 1369 (Pavley-D) Residential care facilities for the elderly

Requires all residential care facilities for the elderly (RCFEs) with more than 60 beds to purchase automatic external defibrillators and train their staff in the use of these defibrillators. Also contains provisions to protect the rights of those who have completed a Do Not Resuscitate form and live in RCFEs.

(In Senate Appropriations Committee)

AB 1373 (Daucher-R) California Senior Legislature: executive director

Requires the California Senior Legislature to hire an executive director to make day-to-day operational decisions on its behalf to the California Senior Legislature.

In Senate Health and Human Services Committee)

AB 1396 (Simitian-D) Long-term care ombudsman: funding

Requires the California Department of Aging to impose a $3 per bed annual fee on long-term care facilities for the support of local ombudsman programs.

(In Assembly Aging and Long Term Care Committee)

AB 1448 (Liu-D) Elder and dependent adult abuse

Notwithstanding existing law, prohibits a long-term care facility from requesting, prior to the existence of a dispute, a resident or applicant to agree to arbitrate or otherwise waive any rights or procedures related to the Elder Abuse and Dependent Adult Civil Protection Act. Specifies that it shall not prohibit a long-term care facility and a resident or applicant from knowingly and voluntarily agreeing to binding arbitration after a dispute arises. Prohibits a long-term care facility from taking specified retaliatory action against a resident or applicant because he or she refuses to waive rights and procedures available under the act, or because he/she refuses to sign or comply with an arbitration agreement that violates the bill.

(On Assembly Inactive File)

AB 1523* (Garcia-R) Personal income taxes: long-term care insurance

Authorizes a nonrefundable 25 percent credit for the purchase of long-term care insurance.

(In Assembly Revenue and Taxation Committee)

AB 1752* (Assembly Budget Committee) Human services

The omnibus human services trailer bill which, among others, increases licensing fees required from community care facilities, residential care facilities for the elderly, residential care facilities for the chronically ill and adult day care by 25 percent, makes various changes to State Department of Social Services requirement to visit community care facilities, residential care facilities for elderly and residential care facilities for the chronically ill, and makes implementation of the Senior Companion Program, the Fostergrandparent Program and the Respite Registry Program contingent on an appropriation.

Chapter 225, Statutes of 2003

ACR 28 (Garcia-R) Elder Abuse Prevention Month

Proclaims May 2003 as Elder Abuse Prevention Month and urges all Californians to be aware of elder abuse and educate themselves on ways to prevent the mistreatment of vulnerable, older adults.

Resolution Chapter 44, Statutes of 2003

ACR 94 (Berg-D) Older Americans Month

Proclaims the month of May 2003 as Older Americans Month and encourages all Californians to honor elder adults and promote and participate in activities and services that contribute to the health, welfare, and independence of elder citizens.

Resolution Chapter 47, Statutes of 2003

ACR 100 (Lowenthal-D) California Senior Mobility Awareness Week

Proclaims the week of May 4 through May 10, 2003, as California Senior Mobility Awareness Week.

Resolution Chapter 48, Statutes of 2003

ACR 136 (Berg-D) Assisted Living Week

Declares September 7 to 13, 2003, as Assisted Living Week and encourages all citizens to visit friends and loved ones who reside in assisted living communities and to learn more about this valuable service.

Resolution Chapter 151, Statutes of 2003

Index (in Bill Order)