Senior Citizens' Issues

Seniors' Legislation

Seniors' Legislation

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

Requires the State Department of Social Services (DSS) 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 DSS to establish a code of conduct for referral agencies, and authorizes the establishment of a consumer complaint process. Authorizes DSS to charge an annual fee of up to $750 to cover the costs of certification and regulation.

(Died in Assembly Appropriations Committee)

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 (DHS) to license and regulate nurses' registries, other than those providing private duty nursing employment services. Authorizes DHS to assess nurses' registries a fee for licensure and renewal, not to exceed the actual cost of drafting and amending the regulations adopted by DHS for purposes of the bill. Requires DHS to suspend or revoke the license of any nurses' registry that fails to comply with the adopted regulations.

(Died in Senate Business and Professions Committee)

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

Requires the State Department of Social Services (DSS) to retain any complaint made against a residential care facility for the elderly in both a confidential and public file, if the complaint is determined to be substantiated, and requires DSS to retain any complaint determined to be inconclusive or unfounded in a confidential file.

(Died 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.

(Died in Senate Health and Human Services Committee)

SB 288* (Peace-D) In-home Supportive Services: administration

Specifies the composition of county in-home supportive services advisory committees.

Chapter 445, Statutes of 2000

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

Enacts the Brandi Mitock Safe Drivers Act to, among other things, require the State Department of Motor Vehicles to test drivers reported to it by a physician, a traffic officer, or a relative under specified circumstances.

Chapter 985, Statutes of 2000

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

Authorizes the State Department of Social Services (DSS) 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 DSS.

(Died in Senate Health and Human Services Committee)

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 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.

(Died in Senate Appropriations Committee)

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.

Chapter 812, Statutes of 2000

SB 909 (Murray-D) State supplementary program

Establishes a cost-based payment rate under the State Supplementary Program for the Aged, Blind and Disabled for non-medical or out-of-home facilities.

(Died in Senate Appropriations Committee)

SB 1113 (Haynes-R) Residential care facilities for the elderly

Permits the State Department of Social Services to impose special requirements on residential care facilities for the elderly that accept or retain residents who require protective supervision.

Vetoed by the Governor

SB 1382 (Haynes-R) Housing: senior citizens

Makes numerous changes to senior housing law, including exempting accommodations constructed prior to February 8, 1982 from senior housing design requirements, establishing provisions for when a disabling condition ends and providing that a senior housing development may evict a qualified permanent resident if it is found that, based on credible evidence, the person is likely to pose a significant threat to the health or safety of others and that such eviction requires first notice and hearing.

Vetoed by the Governor

SB 1461 (Escutia-D) Multipurpose Senior Services Program

Directs the State Department of Health Services (DHS) to seek an expansion of the federal Medicaid waiver for 36,000 additional slots in the Multipurpose Senior Services Program (MSSP) and directs the State Department of Aging, in consultation with specified entities, to produce a strategic plan for MSSP expansion, and authorizes DHS to implement any recommendations made pursuant to the plan that are consistent with the MSSP.

(Died in Senate Appropriations Committee)

SB 1481* (Mountjoy-R) Income taxes: exemption credit: seniors

Increases the senior exemption credit for taxable years beginning on or after January 1, 2000, as specified.

(Died in Senate Revenue and Taxation Committee)

SB 1531 (Morrow-R) Senior housing

Adds to provisions in current law requiring entities that provide a declaration, governing documents, or deed to any person, to place a cover page of the document or a stamp on the first page of the document containing a specified statement with respect to prohibited restrictive convenants, a specified statement regarding senior housing or housing for older persons that provides that lawful restrictions on the age of occupants in the housing development shall not be construed as restrictions based on familial status.

(Died in Assembly Housing and Community Development Committee)

SB 1551 (Dunn-D) Long-term care facilities: family councils

Strengthens the rights of the family council in skilled nursing facilities and intermediate care facilities and imposes penalties for violation of those rights.

Chapter 448, Statutes of 2000

SB 1742 (Hughes-D) Adult abuse

Provides new authority to public guardians to reduce financial abuse perpetrated against mentally impaired elders.

Chapter 813, Statutes of 2000

SB 1793 (Ortiz-D) Seniors: legal services

Establishes a task force to explore a statewide legal hotline and other legal services for senior citizens.

(Died in Assembly Appropriations Committee)

SB 1862 (Vasconcellos-D) Health facilities

Establishes goals for direct care staffing in skilled nursing facilities (SNFs), revises the calculation for determining nursing hours in SNFs and intermediate care facilities, requires specified disclosure of licensee information, increases penalties for violation of laws and regulations, and makes several other changes to existing law impacting nursing homes.

(Died in Conference Committee)

SB 1869 (Solis-D) Power of attorney

Requires notice to a principal and to the attorney-in-fact under a power of attorney concerning conditions on the transfer of the principal's property to, or the acceptance of a gift of the principal's property by, the attorney-in-fact.

Chapter 999, Statutes of 2000

SB 1981 (Leslie-R) Nursing home administrators

Requires the nursing home administrator licensing exam to be offered four times a year, rather than once, authorizes provisional licenses to be granted to out-of-state administrators that meet certain criteria, and increases the amount collected for national and state examination fees, as specified.

(Died on Senate Inactive File)

SB 2011 (Escutia-D) Senior housing

Makes numerous changes to senior housing law, including requiring all developments applying for senior development status to issue a public report specifying the limitations on occupancy applicable to the development, deleting the January 1, 2001, expiration date on the exemption from senior housing design requirements for housing constructed before February 8, 1982, establishing provisions for when a disabling condition ends, and providing that a senior housing development may evict a qualified permanent resident if it is found that, based on credible evidence, the person is likely to pose a significant threat to the health or safety of others and that such eviction requires first notice and hearing.

Chapter 1004, Statutes of 2000

SB 2077 (Ortiz-D) Continuing care contracts: retirement communities

Revises and recasts provisions related to continuing care contracts and continuing care community rights.

Chapter 820, Statutes of 2000

SB 2111* (Dunn-D) Long-term care insurance: rate guide

Requires that the long-term care consumer rate guide, produced by the State Department of Insurance, include a rate history section for all policies issued in the United States since January 1, 1990, and a policy comparison section for all policies currently issued in California. Requires the premium section of long-term care insurance personal worksheets to include a reference to the consumer rate guide and where a copy may be obtained.

Chapter 560, Statutes of 2000

SB 2194 (Soto-D) Medi-Cal: eligibility

Makes changes to state Medi-Cal eligibility law governing the transfer of assets to make state law consistent with federal law and state regulation.

Chapter 435, Statutes of 2000

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.

(Died in Assembly Water, Parks and Wildlife Committee)

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

Appropriates an unspecified amount from the General Fund to the Peace Officers' Training Fund to (1) fund continuing education programs for law enforcement relating to elder abuse, and (2) establish separate units within the police or sheriffs' department to handle elder abuse cases and to sponsor elder abuse prevention.

(Died in Assembly Appropriations Committee)

AB 511* (Alquist-D) Caregiver tax credit

Allows a personal tax credit of $500 for each individual when the taxpayer is a caregiver. Sunsets January 1, 2005.

Chapter 107, Statutes of 2000

Similar legislation was AB 408* (Correa-D), which died in Assembly Revenue and Taxation Committee, AB 864* (Battin-R), which died in Assembly Revenue and Taxation Committee, and AB 2871 (Correa-D), Chapter 105, Statutes of 2000.

AB 559 (Nakano-D) Elder abuse: punishment

Increases the misdemeanor fine for criminal negligence involving the abuse of elders or dependent adults, as specified.

Chapter 214, Statutes of 2000

AB 629 (Vincent-D) Elderly and dependent adults: abuse prevention

Requires the State Department of Social Services to establish, maintain, and publicize a toll-free number for reports of suspected abuse of elders and dependent adults.

(Died in Senate Health and Human Services Committee)

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. Requires the county to submit a report on the appropriateness of statewide implementation of the program by January 1, 2003.

(Died 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 license nurse, as appropriate, to perform certain training and consultation. 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.

(Died in Assembly Aging and Long-Term Care Committee)

AB 1138 (Strom-Martin-D) Estate planning services

Prohibits the unauthorized practice of law in connection with living trusts and other estate planning services.

(Assembly refused to concur in Senate amendments)

AB 1199 (Firebaugh-D) Aging programs

Eliminates the requirements of a competitive bidding process for contract renewals of Multipurpose Senior Services Program Sites, unless it is in the state's best interest to do so.

Chapter 558, Statutes of 2000

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

Requires, subject to funding in the Budget Act of 2000, 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.

(Died in Senate Appropriations Committee)

AB 1445 (Wright-D) Care facilities: staff

Changes the type of training required by every direct care staff person employed in a community care facility serving developmentally disabled persons.

Vetoed by the Governor

AB 1731 (Shelley-D) Long-term health care facilities

Consists of a major reform package for skilled nursing facilities and intermediate care facilities, including provisions relating to the following items:

1. Creates provisional licenses and authorizes temporary managers and court-appointed receivers.
2. Expands citations and penalties.
3. Increases information relating to the State Ombudsman, complaints and resident appeals.
4. Requires federal compliance and creates a Financial Solvency Board.
5. Initiates a Quality Awards Program.
6. Expands disclosure requirements and increases inspections.

Chapter 451, Statutes of 2000

Similar legislation was SB 1862 (Vasconcellos-D), which died in Conference Committee.

AB 1753 (Romero-D) Alzheimer's disease and related disorders

Requires a Residential Care Facility for the Elderly (RCEF), which advertises as specializing in Alzheimer's disease and dementia care, to meet (1) minimum training requirements on how to care for these residents, and (2) specified disclosure requirements.

Chapter 434, Statutes of 2000

AB 1818* (Villaraigosa-D) Villaraigosa Senior Center Bond Act of 2000

Proposes that a $225 million general obligation bond for acquiring, constructing and renovating senior centers be submitted for voter approval on the November 2000 general election ballot.

(Died in Assembly Appropriations Committee)

AB 1819 (Shelley-D) Elder abuse

Requires peace officer elder abuse training to include the subjects of physical and psychological abuse of elders and dependent adults.

Chapter 559, Statutes of 2000

AB 1820 (Wright-D) Geriatric medicine

Establishes the Geriatric Medical Training Act of 2000, which places certain licensing requirements on physicians and the Medical Board of California, and makes certain requests of the University of California Regents, in an effort to increase the geriatric competency of California's physicians.

Chapter 440, Statutes of 2000

AB 1831 (Bates-R) Housing: older persons

Requires additional language to the cover page disclaiming discriminatory restrictive covenants, which is attached to a deed, specifying that senior communities are authorized to enforce restrictive covenants based on age or familial status.

(Died in Senate Judiciary Committee)

AB 1846 (Lowenthal-D) Senior housing

Establishes a Senior Housing and Information and Support Center within the State Department of Aging (DOA) to serve as an information clearinghouse for seniors and their families. Requires the DOA, in consultation with the State Commission on Aging, to develop and distribute information on "aging in place."

Chapter 797, Statutes of 2000

Similar legislation was AB 2035 (Lowenthal-D), which died in Assembly Aging and Long-Term Care Committee.

AB 1875 (Davis-D) Multipurpose Senior Services Program

Requires the State Department of Health Services to seek an expansion of the existing federal waiver that limits the number of clients that can be served under the Multipurpose Senior Services program (MSSP), to cover an additional 15,000 individuals. Requires the State Department of Aging, which administers MSSP, to submit a report to the Legislature evaluating the cost effectiveness of MSSP by March 1, 2002.

(Died in Senate Appropriations Committee)

AB 1896 (Jackson-D) Long-term care

Establishes a Long-Term Care Options Pilot Project to provide information and assessments to assist seniors and functionally impaired adults in long-term care decisions.

Vetoed by the Governor

AB 2063 (Zettel-R) Elder abuse: evidence

Seeks to protect elders and dependent adults against abuse by permitting, in appropriate circumstances, the admission of "prior bad acts" evidence of abuse of an elder or a dependent adult.

Chapter 97, Statutes of 2000

AB 2107 (Scott-D) Elder abuse

Strengthens the law with respect to selling insurance and financial products to elders and clarifies the definition of financial abuse for the purpose of the Elder Abuse and Dependent Civil Protection Act.

Chapter 442, Statutes of 2000

AB 2136 (Maldonado-R) Respite care

Requires the Long-Term Care Council to establish a uniform definition for respite care and develop information, as specified.

Vetoed by the Governor

AB 2253 (Jackson-D) Elder and dependent financial abuse: reporting

Authorizes employees or agents of financial institutions to report suspected financial abuse against an elder or dependent adult.

(Died on Assembly Inactive File)

AB 2281* (Alquist-D) Income taxes: deduction: long-term care insurance

Allows a deduction, in computing adjusted gross income, for each taxable year beginning on or after January 1, 2002, in an amount equal to the applicable percentage of the amount paid or incurred for the cost of long-term care insurance for the taxpayer and his/her spouse and dependents. Requires the State Franchise Tax Board to report annually to the Legislature regarding utilization of the deduction.

(Died in Assembly Revenue and Taxation Committee)

AB 2326 (Mazzoni-D) Survivors of brain injury: care

Requires the State Department of Health Services (DHS) to adopt procedures and make payment for the provision of specified supportive and rehabilitative services to functionally impaired adults to the extent permitted by federal law. Limits, initially, the number of people who can receive services to 200, but authorizes expansion in the future, as specified. Requires DHS to seek necessary federal waivers for the provision of these services and makes implementation subject to approval of the waivers.

Vetoed by the Governor

AB 2399 (Longville-D) Long-term health care facilities: inspections

Revises the criteria for the inspection of long-term health care facilities, to reduce the predictability of annual inspections, by varying (1) the order of inspection within a geographical area, and (2) the time of day, day of week, and time of month in which the facilities are inspected each year. Requires that inspection hours be extended to include inspection times before 8:00 a.m. and 6:00 p.m. and weekend days.

(Died in Assembly Health Committee)

AB 2416* (Machado-D) Budget augmentation: tax assistance

Augments the 2000 Budget Act by appropriating $60 million, as follows: $13,186,000 for Senior Citizen Property Tax Assistance Program and $46,819,000 for Senior Citizen Renters' Tax Assistance Program.

Chapter 615, Statutes of 2000

AB 2424 (Migden-D) Health care providers: private duty nursing agencies

Establishes a new licensure category for private duty nursing agencies, specifies requirements for licensure, and imposes an annual licensing fee.

Vetoed by the Governor

AB 2558 (Hertzberg-D) Senior Volunteer Pilot Program

Establishes a three-year neighborhood-based pilot program to promote senior volunteers to work with children and school staff.

Chapter 597, Statutes of 2000 - Item Vetoed

AB 2641 (Calderon-D) Residential care facilities

Requires the State Department of Social Services to review and consider information submitted by a city or county prior to licensing a residential care facility.

(Failed passage in Senate Health and Human Services Committee)

AB 2786 (Bates-R) Escheated funds: affordable housing: elderly persons

Requires that all unclaimed money, including unclaimed money from a deceased person's estate, that is currently escheated to the state be, instead, deposited in the Housing Rehabilitation Loan Fund. (The fund is to be used for the construction, rehabilitation, or acquisition and rehabilitation of multifamily rental housing developments for elderly persons or households.)

Vetoed by the Governor

AB 2834 (Alquist-D) Geriatric specialist training

Requires the Office of Statewide Health Planning and Development to (1) administer grants to California postsecondary educational institutions that establish fee-waiver programs for students who enroll in a program leading to bachelor of science or masters degrees in gerontology, and (2) provide $60,000, as specified, to medical residents who complete a fellowship in geriatrics and practice as geriatricians.

Vetoed by the Governor

AB 2871* (Correa-D) Income taxes: credit: long-term care

Authorizes a nonrefundable $500 credit for taxpayers who require long-term care or for their caregivers effective for 2000 through 2004 tax years. Specifies that individuals who claim credits must have adjusted gross incomes of less than $100,000 (married filing jointly) or $50,000 (all other taxpayers).

Chapter 105, Statutes of 2000

Similar legislation was AB 511 (Alquist-D), which became Chapter 107, Statutes of 2000.

AB 2876* (Aroner-D) Health and welfare programs

The omnibus social services Budget trailer bill which, among others, (1) allows grants to adult day health centers to be awarded to existing centers to expand their operations, rather than limiting grants to the establishment of new centers or the stabilization of existing centers that meet certain criteria, and increases the grant amount available for a single project from $100,000 to $125,000, (2) permits adult day health center planning and development grants to be awarded to public and private nonprofit entities that request assistance in conducting feasibility and needs analysis, if the applicants meet certain requirements, (3) establishes the Caregiver Training Initiative to develop and implement proposals designed to recruit, train, and retain health care providers such as certified nurse assistants, certified nurses, registered nurses, licensed vocational nurses, and other types of nursing and direct-care staff, (4) specifies contracts are to be awarded to regional collaborative programs selected through a competitive process, (5) requires Area Agencies on Aging to maintain contracts funded from appropriations in the Budget Act of 2000 until July 1, 2004, and (6) eliminates the statement of intent that General Fund monies shall not be used to support the California Senior Legislature.

Chapter 108, Statutes of 2000

AB 2877* (Thomson-D) Public health programs: Budget Act implementation

The omnibus trailer bill for health and human services implementing policy in the 2000-2001 Budget Act which, among others, (1) implements a 7.5 percent wage pass through for direct and nondirect care staff of nursing homes, (2) requires nursing facilities to sign, under penalty or perjury, that they will comply with the 3:2 staffing ratio, (3) requires the nursing home Fiscal Solvency Review Board to have, as a member, a representative of a collective bargaining agent for nursing home workers, (4) requires the State Department of Health Services to work with stakeholders and industry representatives to establish criteria for nursing home quality awards, (5) requires the State Department of Mental Health (DMH) to develop a state-level plan for a streamlined and consolidated evaluation and monitoring program for the review of skilled nursing facilities with special treatment programs, and (6) requires DMH to establish and administer an Older Adults System of Care Demonstration Project, subject to funds appropriated for this purpose.

Chapter 93, Statutes of 2000

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

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

(Died in Assembly Rules Committee)

AJR 60 (House-R) Social Security

Requests that the President and Congress of the United States take appropriate action to terminate the use of Social Security Trust Fund for general tax purposes and requests that all monies borrowed from the Social Security Trust Fund be restored, as specified.

(Died in Senate Rules Committee)

HR 34 (Steinberg-D) Social Security Program

Requests the federal government to take appropriate steps to encourage workers and their employees 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.

(Died on Assembly Inactive File)

Index (in Bill Order)