AMENDED IN SENIOR ASSEMBLY OCTOBER 16, 2006
SENIOR ASSEMBLY PROPOSAL NO.28
INTRODUCED BY SENIOR ASSEMBLY MEMBER MONCK AND SENIOR
SENATOR LEVY
LEGISLATIVE COUNSEL’S DIGEST
AP 28: LONG-TERM CARE OPTIONS.
EXISTING LAW ESTABLISHES AND FUNDS VARIOUS STATE PROGRAMS AND SERVICES FOR DISABLED INDIVIDUALS AND OLDER ADULTS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ESTABLISH THE RIGHT OF ANY PERSON IN NEED OF LONG-TERM CARE SERVICES THAT ARE AVAILABLE IN AN INSTITUTIONAL SETTING TO RECEIVE THOSE SERVICES IN THE COMMUNITY AND TO MAKE CHANGES IN PROGRAMS AND AGENCIES TO IMPLEMENT THAT RIGHT.
VOTE: MAJORITY
AP 28: RELATING TO LONG-TERM CARE OPTIONS
WHEREAS, THE STATE OF CALIFORNIA HAS MORE PEOPLE OVER 65 YEARS OF AGE THAN ANY OTHER STATE; AND
WHEREAS, BY THE YEAR 2020, THE PRESENT POPULATION OVER 65 YEARS OF AGE IN THE STATE OF CALIFORNIA WILL DOUBLE TO 6.5 MILLION PEOPLE; AND
WHEREAS, BY THE YEAR 2030 FULLY ONE-FIFTH OF CALIFORNIA’S POPULATION WILL BE OVER 85 YEARS OF AGE; AND
WHEREAS, THE INCIDENCE OF DISABILITY AMONG PEOPLE 65 YEARS OF AGE AND OVER IS ROUGHLY 17.5 PERCENT AND THE INCIDENCE OF DISABILITY AMONG THOSE OVER 85 YEARS OF AGE IS 47 PERCENT FOR MEN AND 57 PERCENT FOR WOMEN; AND
WHEREAS, THE DECISION OF THE UNITED STATES SUPREME COURT IN OLMSTEAD V. L.C. BY ZIMR1NG (1999)(527 US 581) REJECTED THE STATE OF GEORGIA’S APPEAL TO ENFORCE THE INSTITUTIONALIZATION OF INDIVIDUALS WITH DISABILITIES, AND AFFIRMED THE RIGHT OF INDIVIDUALS WITH DISABILITIES TO LIVE IN THEIR COMMUNITY; AND
WHEREAS, PRESENT FUNDING INCENTIVES ENCOURAGE INSTITUTIONALIZATION OF INDIVIDUALS WITH DISABILITIES IN PREFERENCE TO COMMUNITY-BASED SERVICE SETTINGS; AND
WHEREAS, HOSPITAL DISCHARGE PLANNING TENDS TO FAVOR INSTITUTIONALIZATION OF DISABLED INDIVIDUALS OVER COMMUNITY-BASED CASE MANAGEMENT; AND
WHEREAS, MULTIPLE FUNDING SOURCES FOR CALIFORNIA’S ARRAY OF COMMUNITY-BASED LONG-TERM CARE SERVICES HAVE CREATED “SILOS” OF SERVICE MAKING IT DIFFICULT FOR CONSUMERS TO MOVE WITH EASE FROM ONE SERVICE OR PROGRAM TO ANOTHER; AND
WHEREAS, THE DELIVERY OF HOME AND COMMUNITY-BASED SERVICES NEEDS TO BE VASTLY IMPROVED IN ORDER TO COORDINATE SERVICES THAT ARE APPROPRIATE TO EACH INDIVIDUAL’S FUNCTIONAL SITUATION; AND WHEREAS,
THE NEED FOR A WELL DEVELOPED COMMUNITY-BASED LONG-TERM CARE SYSTEM IS WELL KNOWN AND WELL DOCUMENTED; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE CALIFORNIA LEGISLATURE ESTABLISH IN STATUTE THAT ANY PERSON IN NEED OF LONG-TERM CARE SERVICES THAT ARE AVAILABLE IN AN INSTITUTIONAL SETTING SHALL HAVE THE RIGHT TO RECEIVE THOSE SERVICES IN THE COMMUNITY; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE REQUESTS THE CALIFORNIA LEGISLATURE TO ESTABLISH A PREADMISSION SCREENING SYSTEM AND PROCESS TO PREVENT UNNECESSARY NURSING HOME UTILIZATION; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE REQUESTS THE CALIFORNIA LEGISLATURE TO DEVELOP AND IMPLEMENT A UNIFORM ASSESSMENT TOOL FOR ALL HOME AND COMMUNITY-BASED SERVICES FOR OLDER ADULTS AND ADULTS WITH DISABILITIES TO REDUCE THE DUPLICATION AND FRAGMENTATION AS CONSUMERS UTILIZE MULTIPLE SERVICES AND PROGRAMS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE REQUESTS THE CALIFORNIA LEGISLATURE TO RESTRUCTURE THE ADMINISTRATION OF LONG-TERM CARE PROGRAMS AT THE STATE LEVEL, UTILIZING AN ORGANIZATIONAL PLAN THAT INCORPORATES SOUND BUSINESS PRACTICES WITH BROAD GOVERNMENT OVERSIGHT AND CONSOLIDATES HOME AND COMMUNITY-BASED SERVICES FOR OLDER ADULTS AND PEOPLE WITH DISABILITIES UNDER ONE ADMINISTRATIVE UMBRELLA; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
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