Senior Citizens' Issues

Note: * Denotes Urgency or Tax Levy Legislation.

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.
(Died in Senate Appropriations Committee)

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

Requires the office of State Long-Term Care Ombudsman to submit an annual advocacy report to the Legislature and others in accordance with specified provisions of federal law, and requires the office to perform specified duties relating to protecting the health, safety, welfare, and rights of residents in long-term care facilities, and requires the office to maintain an Internet Web presence, as prescribed.
Chapter 649, Statutes of 2012

SB 393 (Hernandez-D) Medical homes

Establishes the Patient-Centered Medical Home Act of 2012 and defines patient-centered medical home. Provides that a physician-directed practice team shall not be construed to prohibit activities conducted pursuant to specified provisions of law regarding scope of practice. Specifies that its provisions do not alter the scope of practice of any health care provider.
Vetoed

SB 529 (Correa-D) Aging: strategic planning

Requires the California Health and Human Services Agency in cooperation with the University of California to update the Strategic Plan for an Aging California Population. Requires the Agency to submit the plan to the Legislature by 7/1/13.
(Died in Senate Appropriations 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.
(Died 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.
(Died in Senate Public Safety Committee)

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.
(Died 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.
(Died in Senate Appropriations Committee)

SB 1008 (Senate Budget And Fiscal Review Committee) Senior programs: Budget Trailer Bill

Enacts a 2012-13 Health Budget Trailer Bill which, among other provisions, requires that Medi-Cal long-term services and supports, including in-home supportive services, community-based adult services, Multipurpose Senior Services Program services, and skilled nursing facility and subacute care services, as specified, be covered services under managed care health plan contracts and will, with some exceptions, provide that these services only be available through managed care health plan contracts to beneficiaries residing in counties participating in a dual demonstration project.
Chapter 33, Statutes of 2012

SB 1036 (Senate Budget And Fiscal Review Committee) Seniors: in-home supportive services: Budget Trailer Bill

Implements the human services provisions related to the Integration of Home and Community Based and Long-Term Care Services, including In-Home Supportive Services, into Medi-Cal Managed Care, as specified, in the 2012-13 Budget Act.
Chapter 45, Statutes of 2012

SB 1170 (Leno-D) Senior insurance

Expands consumer protections governing the sale of insurance to any person 65 years of age or older, and adds specific protections for senior veterans.
Chapter 653, Statutes of 2012

SB 1184 (Corbett-D) Senior insurance: veterans benefits

Prohibits an insurance agent from providing assistance to a senior in obtaining veterans benefits through government programs, unless the agent maintains procedural safeguards designed to ensure that the agent or broker transacting insurance has no direct financial incentive to refer the policyholder or purchaser to any government benefits program.
Chapter 222, Statutes of 2012

SB 1228 (Alquist-D) Small house skilled nursing facilities

Establishes, until 1/1/20, within the Department of Public Health, the Small House Skilled Nursing Facilities (SHSNFs) Pilot Program to allow the Department to authorize the development and operation of up to 10 SHSNFs.
Chapter 671, Statutes of 2012

SB 1400 (Harman-R) Residential care facilities: video surveillance

Authorizes a residential care facility for the elderly to use video surveillance in a resident's bedroom if the facility and the resident or the resident's authorized representative consent to the use of the video surveillance. Requires that any recordings made become part of the resident's medical record, and that specified persons entering the resident's bedroom give written, informed consent with respect to the video surveillance.
(Died in Senate Human Services Committee)

SB 1438 (Alquist-D) Long-term care insurance

Requires the Insurance Commissioner to convene a task force to examine the components necessary to design a statewide long-term care insurance program and to report to the Legislature by 1/1/14.
(Died in Senate Appropriations Committee)

SB 1552* (Gaines-R) Qualified long-term care: insurance taxation

Removes the exceptions, and conforms the Personal Income Tax Law to the federal income tax law with regard to qualified long-term care insurance, taking effect immediately.
(Died in Senate Governance and Finance Committee)

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.
Chapter 659, Statutes of 2012

AB 419 (Mitchell-D) Care facilities

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

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.
(Died in Assembly Human Services Committee)

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.
(Died in Assembly Human Services Committee)

AB 784 (Yamada-D) Long-term health care facilities

Penalizes nursing facilities that do not honor state and federally required resident bed holds. Engages the licensed nursing staff at the Department of Public Health in a clinical review of a preliminary decision of the Department of Health Care Services to order the readmission of a resident to determine if readmission is appropriate. Engages the Attorney General to consider an action to defend the bed hold rights of nursing facility residents.
(Died in Assembly Health Committee)

AB 899 (Yamada-D) Seniors: Home Care Services Act of 2011

Establishes the Home Care Services Act of 2011 to license and regulate home care services for the elderly, frail, and persons with disabilities.
(Died in Assembly Appropriations 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.
Chapter 627, Statutes of 2012

AB 1062 (Dickinson-D) Elder abuse

Changes the evidentiary standard of proof for elder and dependent abuse or neglect cases from clear and convincing to preponderance of the evidence.
(Failed passage on Senate Floor)

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

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

AB 1489* (Assembly Budget Committee) Seniors: skilled nursing facilities

Reauthorizes the nursing home quality assurance fee, implements nursing home rate adjustments, and increases oversight of referrals to community-based services by nursing facilities.
Chapter 631, Statutes of 2012

AB 1525 (Allen-D) Elder or dependent adult financial abuse: training materials

Requires specified money transmission licensees to provide, on or before 4/1/13, and annually thereafter, each of their agents with training materials on recognizing elder or dependent adult financial abuse, and on the appropriate response to suspected elder or dependent adult financial abuse in a transaction.
Chapter 632, Statutes of 2012

AB 1710 (Yamada-D) Nursing home administrators: fees and fines

Revises how nursing home administrator licensing fees are to be adjusted so that fee revenue is sufficient to cover the regulatory costs to the Department of Public Health, and revises and increases the Department reporting requirements regarding the Nursing Home Administrator Program.
Chapter 672, Statutes of 2012

AB 1752 (Yamada-D) Long-term health care facilities

Requires the Department of Health Care Services, if readmission is ordered on appeal and the facility refuses to readmit the resident, to assess a specified civil penalty against the facility each day, until the resident is readmitted or a maximum penalty amount is reached.
(Died in Assembly Health Committee)

AB 1793* (Yamada-D) Long-term health facilities: public health: federal funding

Eliminates the 9/1/12 sunset date on provisions of law governing how federal funding for emergency preparedness is allocated, and adds long-term health facilities to the list of entities that can be designated to receive federal funds for emergency preparedness.
Chapter 166, Statutes of 2012

AB 2010 (Bonilla-D) Seniors: reverse mortgages: counseling

Requires a prospective borrower to receive reverse mortgage counseling in person, unless the borrower elects to receive the counseling in another manner.
Chapter 641, Statutes of 2012

AB 2066 (Monning-D) Residential care facilities for the elderly

Revises procedures used by the Department of Social Services when revoking a license for a Residential Care Facility for the Elderly (RCFE), specifies notice that must be provided to residents prior to eviction due to a revocation of license, permits a licensee who is subject to a license revocation to arrange for a third part facility manager in order to avoid closure of the facility, and establishes a refund schedule for preadmission fees paid by residents of an RCFE that is subject to closure due to a revocation of license.
Chapter 643, Statutes of 2012

AB 2149 (Butler-D) Elder and dependent adult abuse: settlement: gag order

Prohibits a settlement agreement in a civil action alleging elder or dependent adult abuse, as defined, from containing any provision that prevents any party from reporting to, cooperating with, or otherwise contacting specified persons or government agencies.
Chapter 644, Statutes of 2012

AB 2228 (Hayashi-D) Mental Health Services Act: family justice centers

Requires the county mental health programs for children and for adults and seniors to include services that address the needs of crime victims who seek services at a family justice center, if the county has a family justice center.
(Died in Assembly Health Committee)

AB 2266 (Mitchell-D) Medi-Cal: health homes for Medi-Cal enrollees

Requires the Department of Health Care Services to establish a program to provide specified health home services, with the intent of reducing avoidable hospitalization or use of emergency medical services.
(Died on Senate Inactive File)

AB 2276 (Campos-D) Office of the State Long-Term Care Ombudsman: funding

Appropriates $1.6 million for the 2012-13 fiscal year, and $1.6 million for the 2013-14 fiscal year, from the State Health Facilities Citation Penalties Account to the Department of Aging to fund local ombudsman programs.
(Died in Assembly Appropriations Committee)

AB 2550 (Carter-D) Office of the State Long-Term Care Ombudsman

Requires the State Long-Term Care Ombudsman to perform enumerated duties to provide for the health, safety, welfare, and rights of residents of long-term care facilities as described in the federal Older Americans Act, including, among other things, the duty to respond to complaints, as specified, to provide services and information to residents to help protect their health, safety, welfare, and rights, and to ensure timely access to the services provided by the office.
(Died in Assembly Aging and Long Term Care Committee)

Index (in Measure Order)

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Note: * Denotes Urgency or Tax Levy Legislation.