Senior Citizens' Issues

Seniors' Legislation

Seniors' Legislation

SB 70 (Murray-D) Residential care facilities for the elderly

Requires the State Department of Social Services to establish a certification process for agencies that refer, for a fee, individuals to residential care facilities for the elderly. Establishes standards for referral agencies, including that their employees may not refuse criminal background checks, directs the department to establish a code of conduct for referral agencies, and authorizes the establishment of a consumer complaint process. Authorizes the department to charge an annual fee of up to $750 to cover the costs of certification and regulation.

(In Assembly Appropriations Committee)

SB 114 (Escutia-D) Health care plans

Requires health care service plans and disability insurers to offer Medicare supplement contracts to Medicare beneficiaries, regardless of age or disability, whose coverage has been terminated by a managed care plan. Specifically, requires health plans and health insurers that offer Medicare supplement coverage on a guaranteed basis to Medicare patients who have been terminated by a managed care plan to also offer contracts to terminated patients who are eligible for Medicare by reason of disability, provided no other managed care plan is available in the patient's geographic area. Requires that premium rates for such contracts for disabled patients under 65 shall not exceed the highest rate for patients who are 65 years of age under the same contract.

Vetoed by the Governor

SB 163 (Hughes-D) Adult abuse

Creates a three-year pilot program in three counties (one urban, one suburban, and one rural), to be administered by the State Department of Social Services, to reduce the incidences of financial abuse against mentally impaired elders by utilizing peace officers and expanding the authority of public guardians.

Vetoed by the Governor

SB 224 (Baca-D) Health Care Protection Act

Establishes the Seniors', Veterans', and Disabled Health Care Protection Act of 1999, to require the State Department of Health Services to license and regulate nurses' registries, other than those providing private duty nursing employment services. Authorizes the department to assess nurses' registries a fee for licensure and renewal, not to exceed the actual cost of drafting and amending the regulations adopted by the department for purposes of the bill. Further requires the department to suspend or revoke the license of any nurses' registry that fails to comply with the adopted regulations.

(In Senate Business and Professions Committee)

SB 261 (Haynes-R) Residential care facilities: complaints

Requires the State Department of Social Services to remove any complaint against a residential care facility for the elderly that has been determined to be and remains unfounded or, when the investigation of the complaint is inconclusive, on the date that is six months after its investigation is completed.

(In Senate Judiciary Committee)

SB 268 (Rainey-R) Residential care facilities for the elderly

Eliminates the exemption for residential care homes for the elderly from the requirement that the State Department of Social Services deny a license application for a new residential care facility if its location would be within 300 feet of an existing residential care facility.

(Failed passage in Senate Health and Human Services Committee; reconsideration granted)

SB 286 (Wright-R) Residential care facilities for the elderly

Modifies requirements for criminal background checks for residential care facilities for the elderly.

Chapter 359, Statutes of 1999

SB 335 (Hayden-D) Driver's license: age: fees

Requires the State Department of Motor Vehicles to adopt and administer regulations to require behind-the-wheel tests of "at-risk" drivers. Defines an "at-risk" driver as a person who has a higher than average propensity for causing or being involved in traffic collisions.

(On Assembly Inactive File)

SB 370 (Solis-D) Elder abuse

Defines types of conduct that constitute elder abuse. Specifies the circumstances when it is not a failure to provide medical care to an elder.

(In Assembly Public Safety Committee)

SB 382 (Haynes-R) Housing: older persons

Extends the sunset provision for one year on the exemption enjoyed by certain senior housing complexes from senior housing design requirements from January 1, 2000 to January 1, 2001, excluding Riverside County. Allows adult dependent children of senior residents to be "qualified permanent residents" of senior housing, as specified. Allows persons without an ownership interest, such as a renter, to live in senior housing if they are otherwise qualifying persons.

Chapter 324, Statutes of 1999

SB 461 (Wright-R) Residential care facilities: fingerprinting

Authorizes the State Department of Social Services to charge a fee sufficient to cover its reasonable cost relating to the requirement that various individuals providing services to the elderly in residential care facilities submit fingerprints to the department.

(In Senate Health and Human Services Committee)

SB 475 (Dunn-D) Long-term care insurance

Requires the Insurance Commissioner, in consultation with representatives of the Health Insurance Counseling and Advocacy Program, to annually prepare a consumer rate guide for long-term care insurance. Specifies the methods for distributing the consumer rate guide.

Chapter 669, Statutes of 1999

SB 657* (Ortiz-D) Area agencies on aging: funding

Provides that, in the absence of the enactment of the annual Budget Act by July 1, an amount be continuously appropriated from the Federal Trust Fund to the State Department of Aging to continue the programs operated by the local area agencies on aging. Authorizes the Director of the State Department of Finance, once the Budget is enacted, to reduce the amounts appropriated in the Budget by the amount advanced under the bill.

(In Senate Appropriations Committee)

SB 738 (Speier-D) Long-term care program

Extends until January 1, 2005 eligibility for the asset protections provided by long-term care policies purchased under the terms of the California Partnership for Long-Term Care Pilot Program. Provides, in addition to the existing requirement that the State Department of Health Services certify long-term care policies and health care service plan contracts under the program, that the State Department of Insurance approve these policies and contracts.

Chapter 802, Statutes of 1999

SB 898 (Dunn-D) Long-term care renewal provisions

Requires long-term care insurance premiums and specified policy conditions to be guaranteed renewable or non-cancelable, and requires prior approval of the State Department of Insurance before the insurance can be offered or the rate increased.

(In Assembly Insurance Committee)

SB 909 (Murray-D) State supplementary program

Establishes a cost-based payment rate for non-medical out-of-home care facilities.

(In Senate Appropriates Committee)

SB 910 (Vasconcellos-D) Aging: strategic planning

Requires the University of California to compile information that addresses the impending demographic, economic, and social changes triggered by California's aging society.

Chapter 948, Statutes of 1999

SB 1003 (Vasconcellos-D) Adult protective services program

Amends current statute related to Adult Protective Services to specify that "an immediate in-person response is not required when the county, based on an evaluation of imminent danger to the elder person or dependent adult, determines that an immediate in-person response is not appropriate."

Chapter 670, Statutes of 1999

SB 1082 (Ortiz-D) Continuing care contracts

Provides residents of continuing care retirement communities (CCRC) with access to financial information regarding the operation of CCRC and additional state oversight.

Chapter 949, Statutes of 1999

SB 1248* (Johannessen-R) Residential care facilities for the elderly

Deletes one of seven requirements that must be met before a residential care facility for the elderly is permitted to allow a resident who has been diagnosed as terminally ill to remain in the facility. This is the requirement that the resident has resided in the facility for at least six months prior to the diagnosis ("physician's authorization for hospice services").

Chapter 114, Statutes of 1999

SJR 10 (Dunn-D) Federal Older Americans Act of 1965

Urges the President and Congress to enact legislation reauthorizing the federal Older Americans Act of 1965.

Resolution Chapter 57, Statutes of 1999

AB 27 (Nakano-D) Long-term care infrastructure blueprint

Requires the California Health and Human Services Agency to: (1) develop a long-term care infrastructure blueprint to analyze how information technology could be used for specified purposes, (2) contract with a consulting firm for a technical analysis of long-term care infrastructure development costs, and (3) report its findings to the Legislature by January 1, 2001.

Chapter 950, Statutes of 1999

AB 59 (Cedillo-D) Elder or dependent adults: abuse

Establishes procedures for elderly and dependent care adults to seek and obtain emergency protective orders against unrelated roommates or live-in caregivers, and makes related changes.

Chapter 561, Statutes of 1999

AB 408* (Correa-D) Personal income taxes: credits: senior care

Authorizes a $500 credit for taxpayers who house family members over age 65 within their own homes and do not receive monetary compensation from the seniors.

(In Assembly Revenue and Taxation Committee)

AB 445 (Ashburn-R) Sport fishing license fees

Eliminates the resident sport fishing license fee, the sport ocean fishing license, and the sport ocean fin fishing license for those individuals over the age of 55 years. Eliminates the lifetime sport fishing license fee for those individuals over the age of 55 years.

(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)

AB 447 (Washington-D) Peace officer training: elder abuse

Requires civil penalties collected by the State Department of Health Services for nursing facilities violations to be deposited in the Peace Officers' Training Fund for the following purposes: 1) to fund continuing education programs for law enforcement relating to elder abuse; and 2) to fund a separate unit within the police or sheriff's department to handle elder abuse cases and to sponsor elder abuse prevention programs.

(In Assembly Aging and Long-Term Care Committee)

AB 452 (Mazzoni-D) Long-term care programs

Establishes a Long-Term Care Council within the California Health and Human Services Agency to, among other things, coordinate long-term care policy development and program operations and develop a strategic plan for long-term care policy.

Chapter 895, Statutes of 1999

AB 559 (Nakano-D) Elder abuse: punishment

Increases the penalties for criminal negligence involving the "abuse" of elders or dependent adults, as follows: 1) misdemeanor fine for violations in circumstances or conditions likely to produce great bodily harm or death from up to $1,000 to up to $6,000; and 2) misdemeanor penalty for violations in circumstances or conditions not likely to produce great bodily harm or death by increasing the punishment in a county jail from up to six months to up to one year.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 582 (Firebaugh-D) Multipurpose Senior Services Program

Revises the criteria required for approval and designation of local Multipurpose Senior Services Program sites.

Chapter 859, Statutes of 1999

AB 629 (Vincent-D) Elderly and disabled persons: abuse prevention

Requires the State Department of Social Services to establish a procedure to prohibit the provision of services to elderly or dependent adults, including those persons receiving personal care services under the Medi-Cal program, unless the persons providing the services have a criminal background clearance. Requires the department to establish a procedure to ensure that any person receiving In-Home Supportive Services, including personal care services under the Medi-Cal program, shall be provided with a telephone number to call for help if he/she believes that he/she is subject to abuse.

(In Assembly Human Services Committee)

AB 739 (Pescetti-R) Elder abuse: reporting requirements

Limits the existing exemption in law pertaining to mandated reporters who are told by an elder or dependent adult that abuse has occurred and specified conditions exist, such as a diagnosed mental illness and no independent corroboration and the mandated reporter reasonably believes the abuse did not occur.

Chapter 236, Statutes of 1999

AB 757 (Gallegos-D) Drugs for the elderly

Requires the State Department of Health Services to provide pharmaceutical assistance education and outreach for the elderly, and to encourage eligible seniors to apply for Medi-Cal benefits. Appropriates $750,000 from the General Fund to be allocated to the Health Insurance Counseling and Advocacy Program, community-based organizations, and the department, for implementation of education and outreach services.

(In Senate Appropriations Committee)

AB 864* (Battin-R) Income taxes: credit: long-term care

Allows a tax credit for the amount paid or incurred by the taxpayer for long-term care for any family member of the taxpayer.

(In Assembly Revenue and Taxation Committee)

AB 868 (Cardoza-D) Long-Term Care Ombudsman Program

Revises training and professional experience requirements for the State Long-Term Care Ombudsman.

Chapter 943, Statutes of 1999

AB 893 (Alquist-D) Long-term care facilities: consumer information

Requires the State Department of Health Services to provide specified information on the Internet regarding long-term care facilities, and appropriates $100,000 from the General Fund for this purpose.

Chapter 430, Statutes of 1999

AB 895 (Alquist-D) Programs for the elderly and dependent adults

Requires contractors of the Linkages Program and the Multipurpose Senior Services Program in Santa Clara County to implement a model "wrap-around" program for aging and dependent adults, subject to approval by the county. Also requires the county to submit a report on the appropriateness of statewide implementation of the program by January 1, 2003.

(In Assembly Appropriations Committee)

AB 932 (Keeley-D) Residential care facilities for the elderly

Requires a residential care facility for the elderly that has at least three residents with specified medical conditions to contract with a full-time or part-time licensed nurse, as appropriate, to perform certain training and consultation. Also requires the State Department of Social Services, on or before January 1, 2001, to develop and adopt regulations to establish adequate staffing requirements, with consideration to the needs of residents with specified medical conditions.

(In Assembly Aging and Long-Term Care Committee)

AB 1108 (Assembly Human Services Committee) Adult residential care facility

Allows terminally ill residents of an adult residential facility (ARF) to remain in ARF with the services of a licensed hospice agency if certain conditions are met.

Chapter 410, Statutes of 1999

AB 1111* (Aroner-D) Social services

The Omnibus Social Services trailer bill, for the purposes of implementing the Budget Act of 1999-2000. Among other provisions:

1. Specifies that the investigation of allegations of elder and dependent abuse under the enhanced Adult Protective Services program shall be performed by county merit system civil service employees, and authorizes county agencies to use contracted telephone answering services after normal working hours, on weekends, and on holidays.
2. Specifies the use and allocation of funds appropriated in the Budget Act for various programs administered by the State Department of Aging.

Chapter 147, Statutes of 1999

AB 1138 (Strom-Martin-D) State Department of Justice: study: senior citizens

Requires the State Department of Justice to conduct a study and report to the Legislature regarding advertising and sales practices employed in the sale of estate and financial planning services and financial planning products to senior citizens.

(On Assembly Inactive File)

AB 1140 (Villaraigosa-D) Income taxes: returns: filing requirements

Increases the number of people required to file personal income tax returns by increasing the filing threshold of several hundred thousand individuals. Specifically, allows each taxpayer to include the effect of up to two dependent exemption credits and the senior exemption credit when calculating the filing thresholds to which he/she is subject.

Chapter 196, Statutes of 1999

AB 1160 (Shelley-D) Long-term health care facilities: skilled nursing facilities

1. Establishes minimum goals for direct care staffing in skilled nursing facilities (SNFs) to be implemented by April 1, 2000.
2. Requires the State Department of Health Services (DHS) to report any case of known or suspected criminal activity to the Bureau of Medi-Cal Fraud as soon as possible and to prepare an annual report to the Legislature reporting on the nature and extent of crimes in health facilities which receive payments from Medi-Cal.
3. Requires that DHS develop an interdisciplinary SNF training program to educate and inform SNF staff, inspectors, and advocates.
4. Requires the establishment of a new Medi-Cal reimbursement system for long-term care facilities by January 1, 2001.
5. Requires that the total reimbursement to SNFs under Medi-Cal comply with the Medicaid plan and be subject to an appropriation by the Legislature.

Vetoed by the Governor

AB 1199 (Firebaugh-D) Area agencies on aging: program components

Authorizes, contingent on the enactment of a federal program, the State Department of Aging to require local area agencies on aging to establish programs to support family caregivers.

(In Senate Appropriations Committee)

AB 1339 (Shelley-D) Older individuals: screening and assessment

Subject to funding in the Budget Act of 2000, requires the Secretary of the Health and Human Services Agency to develop and implement a set of common data elements to determine eligibility, funding sources and service referral for all programs under its jurisdiction that serve older individuals and adults with disabilities, as specified.

(In Senate Appropriations Committee)

AB 1442 (Shelley-D) Residential care facilities for the elderly

Prohibits the physical or chemical restraint of residents in a residential care facility for the elderly except as specified. Sets forth certain requirements regarding the admissions agreements entered into by facilities and residents, rate increases for items or services and the transfer or eviction of residents. Also requires the State Department of Social Services to develop and establish a consumer information service system, with access by a toll-free telephone number, through the Internet and at district offices of the Community Care Licensing Division of the department, to provide updated and accurate information to the general public and consumers regarding facilities in their communities.

(In Assembly Aging and Long-Term Care Committee)

AB 1445 (Wright-D) Residential facilities: administrators

Eliminates the $100 certification renewal fee paid by administrators of adult residential facilities and residential care facilities for the elderly every two years.

(In Assembly Appropriations Committee)

AB 1499 (Lowenthal-D) Elder and dependent abuse reporting: training

Requires each long-term health care facility and community care facility, as defined, or any other nonmedical out-of-home care facility that provides care to adults, to provide training to recognize and report elder and dependent adult abuse.

Chapter 414, Statutes of 1999

AB 1697 (Assembly Aging And Long Term Care Committee) Income taxes: senior citizens

Extends the sunset date for the income tax checkoff for the California Fund for Senior Citizens from January 1, 2000 to January 1, 2005, and requires the checkoff to receive at least $250,000 in contributions annually in order to remain on the income tax form.

Chapter 228, Statutes of 1999

ACR 36 (Wayne-D) Older Californians Month

Declares the month of May 1999 as Older Californians Month.

Resolution Chapter 17, Statutes of 1999

ACR 41 (Cox-R) Older persons and healthy aging

Designates 1999 as the "International Year of the Older Person and Healthy Aging."

(In Assembly Rules Committee)

AJR 32 (Strickland-R) Medicare payments

Calls upon Congress to enact legislation to require the Medicare prospective payment system to take into account the costs associated with providing medically complex care and to provide a more accurate inflation adjuster index.

Resolution Chapter 113, Statutes of 1999

HR 34 (Steinberg-D) Social Security Program

Respectfully requests the federal government to take appropriate steps to encourage workers and their employers to save or invest for retirement to supplement the basic benefits of the Social Security Program, but not as a substitute for the core protections that are vital to American working families.

(In Assembly Public Employees, Retirement and Social Security Committee)

Index (in Bill Order)