Senior Citizens' Issues

Seniors' Legislation

Seniors' Legislation

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SB 434 (Romero-D) Medi-Cal: long-term care reimbursement
Requires the Department of Health Care Services (DHCS) to establish a stakeholder workgroup to ensure compliance with the intent of the Medi-Cal Long-Term Care Reimbursement Act. Requires DHCS to deliver the workgroup recommendations to the Legislature and requires DHCS to seek necessary legislative changes to implement stakeholder recommendations, as specified.
(Died in Senate Rules Committee)

SB 489 (Steinberg-D) Continuing care contracts: retirement communities: closure
Imposes patient protection requirements on continuing care retirement communities in the event of their closure.
Vetoed

SB 491 (Alquist-D) Alzheimer's disease
Expands the membership of the Alzheimer's Disease and Related Disorders Advisory Committee, and requires the Committee to update the 1987 Task Force Report on Alzheimer's and make recommendations to the Secretary of the Health and Human Services Agency and Legislature.
Chapter 339, Statutes of 2008

SB 535 (Kuehl-D) Long-term health care facilities
Requires the Department of Public Health to develop and maintain an online long-term care facility consumer information system to be available by 3/1/09. Requires the posting of all complaint data from the last three survey cycles, including outcome, nature of complaint, and date of investigation, and requires the posting of all state and federal deficiencies and enforcement sanctions from the last three survey cycles.
Vetoed

SB 573 (Scott-D) Annuity sales: seniors
Establishes a regulatory structure that requires life insurance companies and agents to determine the suitability of an annuity product for the particular senior customer before selling the policy.
(Died in Assembly Insurance Committee)

SB 977 (Correa-D) California Commission on Aging
Requires the California Commission on Aging to conduct a review of existing data, surveys, and reports related to senior center infrastructure needs.
Vetoed

SB 1140 (Steinberg-D) Elder abuse
Adds the taking or appropriation of property by undue influence to the definition of financial abuse of an elder or dependent adult. Creates a presumption that a person has taken or appropriated property of an elder or dependent adult for a wrongful use, if the person knew or should have known that his/her conduct is likely to be harmful to the elder or dependent adult. Creates a new cause of action for financial abuse against a person who takes the property of an elder or dependent adult who lacks capacity and then refuses to return the property after a demand for return of the property was made by the elder or dependent adult. Establishes that the statute of limitations for the filing of an Elder Abuse and Dependent Adult Civil Protection Act financial abuse action, including the new cause of action for property taken from an elder or dependent adult who lacks capacity, is four years from the date the plaintiff discovers, or should have discovered, the facts constituting the financial abuse. Clarifies that in an action under the Act, the court shall award attorney's fees and costs in addition to compensatory damages and all other remedies otherwise provided by law.
Chapter 475, Statutes of 2008

SB 1170* (Alquist-D) Intermediate care facilities: staff
Directs the Departments of Public Health, Developmental Services, and Health Care Services to jointly promulgate emergency regulations for training standards for intermediate care facility developmentally disabled-nursing staff.
(Died in Senate Appropriations Committee)

SB 1216 (Scott-D) Insurance: long-term care
Requires long-term care insurers to pay interest on accepted claims, accepted on or after 12/1/08, that are not paid within timeframes required by state regulations.
Chapter 171, Statutes of 2008

SB 1259 (Margett-R) Elder abuse
Adds theft by exploitation and theft by undue influence to existing elder abuse statutes and creates an enhancement for prior elder abuse convictions.
(Failed passage in Senate Public Safety Committee)

SB 1343 (Battin-R) Elder abuse
Adds specified crimes against elder and dependent adults to the list of offenses for which a prosecuting witness, who is an elder or dependent adult, may have up to two support persons during the witness' testimony.
Chapter 48, Statutes of 2008

SB 1518 (Correa-D) Multipurpose Senior Services Program sites
Requires the Department of Aging to seek to ensure that Multipurpose Senior Services Program services are provided in the most integrated setting possible and gives consideration to a prospective provider's experience in integrating medical and social services when establishing a new Program site or procuring an existing site through the competitive bidding process.
Vetoed

SB 1729 (Migden-D) Skilled nursing facilities
Requires all registered nurses, certified nurse assistants, licensed vocational nurses, and physicians working in skilled nursing facilities or congregate living health facilities to participate in a training program focused on preventing and eliminating discrimination based on sexual orientation and gender identity.
Chapter 550, Statutes of 2008

SCR 112 (Padilla-D) Services for older adults
Urges the state to fully provide culturally appropriate services in all areas of service delivery to older adults. Urges the University of California to incorporate cultural competency in its health services professional education programs addressing geriatrics and gerontology. Urges the Health and Human Services Agency to incorporate cultural competency in all programs and systems devoted to serving older Californians.
Resolution Chapter 111, Statutes of 2008

SCR 122 (Simitian-D) National Senior Games
Commends various organizations and Stanford University for determining to hold the 2009 Summer National Senior Games, encourages the residents of the state to take specified actions regarding the games, and urges the business community of the Bay Area to support the games.
Resolution Chapter 109, Statutes of 2008

SJR 12 (Simitian-D) Elder abuse awareness stamp
Requests the Congress and the President of the United States to afford the public a convenient way to contribute towards the funding of elder abuse prevention and awareness programs by authorizing the United States Postmaster General to establish a special rate of postage for first-class mail, and to issue a special postage stamp regarding elder abuse prevention and awareness.
Resolution Chapter 5, Statutes of 2008

AB 225 (Beall-D) Elder abuse: protective orders
Revises the statute governing the issuance of protective orders under the Elder Abuse and Dependent Adult Civil Protection Act.
Chapter 480, Statutes of 2008

AB 267 (Charles Calderon-D) Annuity sales: seniors
Requires the insurance producer agent or insurer when making a recommendation to a senior consumer, as defined, for the purchase or exchange of an annuity to have reasonable grounds for believing that the recommendation is suitable for the senior based on the facts disclosed by the senior relating to his/her financial situation and needs, and provides that before the purchase or exchange of an annuity, the insurance producer or insurer shall make reasonable efforts to obtain specified information to assist in making recommendations to the senior consumer. If a senior consumer refuses or fails to provide all specified relevant information, the insurance producer or insurer recommendation must be reasonable under all circumstances that were known at the time.
(Died in Assembly Insurance Committee)

AB 317* (Berg-D) Adult day health care centers: disaster declarations
Requires the Department of Health Care Services to pay for partial days of attendance at an adult day health care center resulting from a disaster for which a Governor-declared state of emergency has been declared, subject to utilization controls set by the department.
Vetoed

AB 351* (Smyth-R) Senior citizens: taxation
Increases the annual homeowners' exemption to $27,000 for persons aged 62 or older.
(Died in Assembly Revenue and Taxation Committee)

AB 378 (Benoit-R) Elder and dependent adult abuse
Makes a subsequent conviction of theft, embezzlement, forgery, or fraud, regardless of value, by a caretaker against an elderly or dependant adult punishable by two, three, or four years in state prison or by a county jail term of up to one year.
(Died in Assembly Appropriations Committee)

AB 380 (Berg-D) Multipurpose Senior Services Program
Requires the Department of Health Care Services to annually increase reimbursement rates for the Multipurpose Senior Services Program by an amount based on the Medi-Cal rate adjustment for intermediate care facilities.
(Died in Senate Appropriations Committee)

AB 411 (Emmerson-R) Residential care facilities: overconcentration
Permits a city or county to submit to the Director of the Department of Social Services information regarding the proposed location of residential care facilities with six or fewer residents. Allows the director to suggest the applicant find an alternate location for the facility if he/she finds the submitted information compelling.
(Died in Assembly Appropriations Committee)

AB 495* (Tran-R) Senior citizens: taxation
Increases the annual homeowners' exemption to $25,000 for persons aged 62 or older.
(Died in Assembly Revenue and Taxation Committee)

AB 572 (Berg-D) Adult day health care
Clarifies existing law and regulations governing adult day health care pertaining to hours of service, core staff, staff absences, and policies and procedures for dealing with natural disasters and emergencies, and provides greater flexibility to adult day health care providers in transportation and nutrition requirements.
Chapter 648, Statutes of 2008

AB 736 (Strickland-R) Senior nutrition
Allows the Department of Aging to provide an eligible senior citizen a multivitamin supplement as an addition to a meal.
(Died in Assembly Aging and Long-Term Care Committee)

AB 749 (Wolk-D) Residential care facilities: elderly
Requires, as of 3/1/09, residential care facilities for the elderly licensed by the Department of Social Services to have a specified emergency plan available to residents and local emergency responders. Requires the department to confirm during licensing visits that the plan is on file at the facility.
Chapter 477, Statutes of 2008

AB 759 (Karnette-D) Residential care facilities
Requires residential care facilities for the elderly to have an emergency plan available to residents and to local emergency responders.
Vetoed

AB 782 (Berg-D) Long-term health care facilities
Addresses a number of issues related to oversight of long-term care facilities licensed by the Department of Public Health Licensing and Certification Division.
(Died in Assembly Appropriations Committee)

AB 827 (Hancock-D) Adult day health care centers
Requires applicants for certification as an adult day care center provider to complete a pre-application process prior to submitting an application for certification.
(Died in Assembly Appropriations Committee)

AB 853 (Jones-D) Home Care Services Act
Enacts the Home Care Services Act to provide for the licensure and regulation of home care organizations by the Department of Social Services.
(Died in Assembly Appropriations Committee)

AB 978* (Benoit-R) Care facilities
Establishes standards and timelines for enforcing serious health and safety violations at community care facilities.
Chapter 291, Statutes of 2008

AB 1022 (Saldana-D) Continuing care home service
Allows licensed continuing care retirement communities to contract with, and provide services to, elderly persons in their own residences, and exempts the residences from licensing provisions applicable to residential care facilities.
Vetoed

AB 1424 (Davis-D) Elder and dependent adult abuse
Includes the crime of elder abuse to provisions of law punishing contempt of court for the willful and knowing violation of any protective or stay away order, as specified. Increases the penalty for violating a protective order to an elder abuse case from six months to one year.
Chapter 152, Statutes of 2008

AB 1558 (Soto-D) Community care facilities: license information system
Requires the Director of the Department of Social Services to maintain and update the community care facilities automated license information system, authorizes inclusion of administrative or court actions against any facility or staff, and requires the Department to make the public information available by prescribed dates, as specified.
(Died in Assembly Human Services Committee)

AB 1765 (Blakeslee-R) Elder abuse: mandated reporters
Requires mandated abuse reporters to report the abuse to both the local ombudsman and the local law enforcement agency.
(Died in Assembly Public Safety Committee)

AB 1773 (Hayashi-D) Long-term health care facilities
Requires the Director of the Department of Public Health to review and make determinations concerning the food safety and dietary services requirements for long-term health care facilities, as specified, by 1/1/10.
(Died on Senate Inactive File)

AB 1875 (Huff-R) Residential care facilities: overconcentration: licensure
Changes the definition of "overconcentration" to mean that a new license may not be issued for a residential care facility if it is located within 1,000 feet of another residential care facility. Requires that notification to a city or county planning agency, by the state or county licensing agency, of an application for a new residential care facility be provided by certified mail.
(Died in Assembly Human Services Committee)

AB 1999 (Adams-R) Residential care facilities: resident property
Prohibits any owner, employee, agent, or consultant of a residential care facility for the elderly or member of his/her immediate family, or the representative of a public agency or organization operating within the residential care facility for the elderly with state, county, or city authority, or member of his/her immediate family, from purchasing or receiving any item or property with a fair market value of more than $100 from a resident of the facility, unless the transaction is made in the presence of a representative of the Office of the State Long-Term Care Ombudsman.
(Died in Assembly Human Services Committee)

AB 2100 (Wolk-D) Elder abuse: reporting
Requires the local ombudsperson or local law enforcement to whom a case of abuse against an elder or dependant adult has been reported, in addition to existing reporting requirements, to report all cases of known or suspected physical abuse and financial abuse to the local district attorney's office in the county where the abuse occurred.
Chapter 481, Statutes of 2008

AB 2101 (Wolk-D) Elderly: residential care facilities
Requires residential care facilities for the elderly to develop emergency plans and makes specific requirements for providing notices to residents and potential residents in the event of rate increases.
(Died in Assembly Appropriations Committee)

AB 2105 (DeSaulnier-D) Elder abuse
Adds licensees under the California Finance Lenders Law and California Residential Mortgage Lending Act, and their employees, to the list of those who are mandated reporters of suspected financial abuse of elder and dependent adults, and adds financial elder and dependent adult abuse signs and reporting requirements to the electives offered to real estate licensees as part of their required continuing education requirements for licensure.
Vetoed

AB 2137 (Saldana-D) Long-term care facilities
Requires insurers to maintain a record of all policy rescissions involving long-term care contracts and to furnish specified data to the Insurance Commissioner.
Chapter 227, Statutes of 2008

AB 2149 (Berg-D) Broker-dealers and investment advisers
Prohibits an investment advisor or broker-dealer from using specific credentials or professional designations in such a way as to mislead any person.
Chapter 476, Statutes of 2008

AB 2150 (Berg-D) Insurance: sales designations
Prohibits an insurance broker or agent from using a senior designation in any oral or written communication used to sell insurance to a senior unless specified conditions have been met, defines "senior designation," establishes the conditions under which a senior designation may be used, and sets up a process for the Insurance Commissioner to approve an organization that issues senior designations.
Chapter 327, Statutes of 2008

AB 2157 (Horton-R) Skilled nursing and intermediate care facilities: licensing
Prohibits a management company from assuming operational control of a skilled nursing or intermediate care facility until the management company has applied to the Department of Public Health for a license, and the department has approved the management company's application.
(Died in Assembly Health Committee)

AB 2160 (Carter-D) Older Californians Act
Adds the California Fair Employment and Housing Act definition of disability to the Mello-Granlund Older Californians Act.
Vetoed

AB 2163 (Strickland-R) Senior nutrition: multivitamin-mineral supplement
Requires the Department of Aging to contract with private organizations to obtain multivitamin-mineral nutritional supplements to distribute to each county that implements a pilot program to provide the supplements to older adults.
(Died in Assembly Aging and Long-Term Care Committee)

AB 2172 (Cook-R) Elder abuse: registry
Requires the Department of Justice to develop an Internet web site, to be updated regularly, which makes available to the public certain information about persons convicted of violating at least one crime against an elder or dependent adult, as specified.
(Died in Assembly Public Safety Committee)

AB 2328* (Price-D) In-home supportive services: public employment
Provides that an employee organization that has been recognized as the exclusive or majority bargaining agent for in-home supportive service providers may petition for an election to rescind a modified agency shop provision, as defined, in a memorandum of understanding that is in force, as defined, and, at the same election, place in effect a new agency shop arrangement between the public agency and the recognized employee organization.
(Died in Senate Rules Committee)

AB 2370 (Bass-D) Residential care facilities: rate increases
Requires residential care facilities for the elderly to post information annually regarding the facility's recent history of rate increases and also to disclose the rate increase information to new residents and, upon request, to prospective residents.
Chapter 478, Statutes of 2008

AB 2459 (Davis-D) Senior Citizen Tax Work-Off Program
Authorizes a county board of supervisors to implement a Senior Citizen Tax Work-Off Program.
(Died in Assembly Appropriations Committee)

AB 2464 (Duvall-R) Annuity sales: disclosure
Implements the National Association of Insurance Commissioners model regulations governing annuity sales, including the provision of a disclosure document to a consumer that outlines features of the annuity contract, as well as a buyer's guide containing general information about annuities.
(Died on Assembly Inactive File)

AB 2543 (Berg-D) Geriatrics
Establishes the Geriatric and Gerontology Workforce Expansion Act which allows any geriatric service provider, as defined, to apply for grants, on or after 1/1/10, under the existing Licensed Mental Health Service Provider Education Program to be reimbursed for educational loans related to a career as a licensed marriage and family therapist or intern or licensed clinical social worker who provides geriatric services, as specified.
Vetoed

AB 2598 (Leno-D) Residential care facilities: rent control
Authorizes local government entities to impose rent controls upon residential care facilities for the elderly.
(Died on Assembly Floor)

AB 2747 (Berg-D) End-of-life care
Requires a health care provider who makes a diagnosis that a patient has a terminal illness to, upon the patients request, provide the patient with comprehensive information and counseling regarding legal end-of-life care options.
Chapter 683, Statutes of 2008

AB 2947 (Eng-D) Elder abuse: waiver of rights
Prohibits a residential care facility for the elderly from requiring, as a condition of admission, that prospective residents waive various legal rights and agree to binding arbitration, including arbitration of violations of the Elder Abuse and Dependent Adult Civil Protection Act.
Vetoed

AB 2978 (Soto-D) Residential care facilities: over concentration
Requires private hospitals to provide community benefits, as defined, to the community. Authorizes for-profit hospitals, as defined, to provide community benefits to the community. Requires private hospitals, by 1/1/10, to complete a community needs assessment and, by 4/1/10, to develop a community benefits plan, as specified. Requires for-profit hospitals, if they provide community benefits to the community and report these community benefits, to develop a community health needs assessment. Requires for-profit hospitals that provide community benefits to develop, by 4/1/11, a community benefits plan, as specified.
(Died in Assembly Human Services Committee)

AB 3000 (Wolk-D) Health care decisions
Seeks to offer and encourage use of the "Physician's Order for Life Sustaining Treatment" order, to help direct what resuscitative means, if any, a patient would like used in an emergency.
Chapter 266, Statutes of 2008

ACR 111 (Huffman-D) Senior Volunteer Month
Recognizes the month of May 2008 as Senior Volunteer Month to honor the contributions of California senior volunteers.
Resolution Chapter 34, Statutes of 2008

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