SENIOR ASSEMBLY PROPOSAL NO. 9

INTRODUCED BY SENIOR ASSEMBLY MEMBER LOH

LEGISLATIVE COUNSEL'S DIGEST

AP 9: NURSING HOME REFORM

UNDER EXISTING LAW, THE CALIFORNIA RESIDENTIAL CARE FACILITIES FOR THE ELDERLY ACT, THE STATE DEPARTMENT OF SOCIAL SERVICES MUST INSPECT AND LICENSE RESIDENTIAL CARE FACILITIES FOR THE ELDERLY. IN ADDITION, STATE LAW, THE LONG‑TERM CARE, HEALTH, SAFETY, AND SECURITY ACT OF 1973, ESTABLISHES A CITATION SYSTEM FOR THE IMPOSITION OF PROMPT AND EFFECTIVE CIVIL SANCTIONS AGAINST LONG-TERM HEALTH CARE FACILITIES IN VIOLATION OF STATE AND FEDERAL LAWS AND REGULATIONS AS THOSE LAWS AND REGULATIONS APPLY TO NURSING FACILITIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD IMPROVE THE STAFFING RATION IN NURSING HOMES IN THE STATE, INCREASE THE NUMBER OF NURSING STAFF WORKING IN NURSING HOMES, CONSISTENTLY ENSURE THAT THE STATE DEPARTMENT OF HEALTH CARE SERVICES FULFILLS ITS DUTY TO PROTECT NURSING HOME RESIDENTS, AND PROVIDE GUIDANCE TO THE LONG-TERM CARE INDUSTRY TO ENSURE HIGH-QUALITY CARE.

VOTE: MAJORITY.

AP 9: RELATING TO NURSING HOME REFORM

WHEREAS, IT IS IMPOSSIBLE FOR A NURSING HOME TO PROVIDE QUALITY CARE IN THE HOME WITHOUT SUFFICIENT STAFF TO PROVIDE THAT CARE; AND

WHEREAS, A 2001 STUDY ORDERED BY CONGRESS FOUND THAT, IN ORDER TO AVOID HARM TO RESIDENTS, RESIDENTS GENERALLY REQUIRE A MINIMUM OF 4.1 HOURS OF CARE PER DAY. YET, CALIFORNIA NURSING HOMES ROUTINELY FAIL TO PROVIDE EVEN 3.2 HOURS OF CARE PER DAY; AND

WHEREAS, IT IS CRUCIAL THAT NURSING HOMES EMPLOY AN ADEQUATE NUMBER OF NURSING STAFF TO PROVIDE THAT CARE; AND

WHEREAS, IN FEBRUARY 2007, THE CALIFORNIA HEALTHCARE FOUNDATION RELEASED A CALIFORNIA STATE AUDIT REPORT SHOWING THAT THE STATE DEPARTMENT OF HEALTH CARE SERVICES NURSING HOME OVERSIGHT SYSTEM SUBSTANTIATED ONLY 16 PERCENT OF NURSING HOME COMPLAINTS IN 2005, A DRASTIC DECLINE FROM 41 PERCENT IN 2000; AND

WHEREAS, THE DEPARTMENT DOES NOT TRACK COMPLAINTS EFFECTIVELY, UNDERSTATES THE SERIOUSNESS OF NURSING HOME VIOLATIONS, AND INVESTIGATES COMPLAINTS TOO SLOWLY; 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 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STAFFING RATIO IN STATE NURSING HOMES BE IMPROVED TO ENSURE THAT NURSING HOME RESIDENTS HAVE A MINIMUM OF 4.1 HOURS OF CARE PER DAY; AND BE IT FURTHER

RESOLVED, THAT THE LEGISLATURE ENACT LEGISLATION TO INCREASE THE NUMBER OF NURSING STAFF WORKING IN NURSING HOMES IN THIS STATE; AND BE IT FURTHER

RESOLVED, THAT THE LEGISLATURE ENACT LEGISLATION TO ENSURE THAT THE STATE DEPARTMENT OF HEALTH CARE SERVICES CONSISTENTLY FULFILLS ITS DUTIES TO PROTECT NURSING HOME RESIDENTS BY MAKING THE BEST INTERESTS OF THE RESIDENTS A TOP PRIORITY; AND BE IT FURTHER

RESOLVED, THAT THE LEGISLATURE PROVIDE GUIDANCE TO THE LONG-TERM CARE INDUSTRY IN ORDER TO ENSURE HIGH‑QUALITY CARE; 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.

RN 08 22171

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