AMENDED IN SENIOR ASSEMBLY OCTOBER 21, 2008
AMENDED IN SENIOR SENATE OCTOBER 20, 2008
SENIOR SENATE PROPOSAL NO. 10
INTRODUCED BY SENIOR SENATOR LEVY
(COAUTHORS: SENIOR SENATORS LUNDIN AND JAFFEE)
(COAUTHORS: SENIOR ASSEMBLY MEMBERS LUCERO AND YOUNG)
LEGISLATIVE COUNSEL'S DIGEST
SP 10: INCREASED ACCESS TO COMMUNITY-BASED SERVICES.
UNDER EXISTING LAW, VARIOUS FEDERAL AND STATE PROGRAMS CURRENTLY FUND COMMUNITY-BASED PROGRAMS FOR SENIOR CITIZENS IN THIS STATE.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROVIDE SENIOR CITIZENS AND INDIVIDUALS WITH DISABILITIES WITH INCREASED ACCESS TO SERVICES IN THE MOST INTEGRATED SETTINGS, AND TO ADOPT AND ADHERE TO POLICIES AND PRACTICES THAT MAKE IT POSSIBLE FOR PERSONS WITH DISABILITIES TO REMAIN IN THEIR COMMUNITIES AND AVOID UNNECESSARY INSTITUTIONALIZATION.
VOTE: MAJORITY.
SP 10: RELATING TO INCREASED ACCESS TO COMMUNITY-BASED SERVICES FOR QUALIFIED INDIVIDUALS
WHEREAS, THE STATE OF CALIFORNIA HAS MORE PERSONS OVER 60 YEARS OF AGE, AND PERSONS WITH DISABILITIES, THAN ANY OTHER STATE; AND
WHEREAS, BY THE YEAR 2020, THE PRESENT POPULATION OF PERSONS OVER 60 YEARS OF AGE IN THE STATE OF CALIFORNIA WILL DOUBLE TO 6.5 MILLION PEOPLE; AND
WHEREAS, THE OPPORTUNITIES TO DIRECT ONE’S OWN AFFAIRS, LIVE INDEPENDENTLY, AND ATTAIN ECONOMIC SELF-SUFFICIENCY ARE ESSENTIAL COMPONENTS OF DEVELOPING SELF-WORTH AND PERSONAL RESPONSIBILITY; AND
WHEREAS, PRESENT FUNDING INCENTIVES ENCOURAGE THE INSTITUTIONALIZATION OF SENIOR CITIZENS AND INDIVIDUALS WITH DISABILITIES IN PREFERENCE TO COMMUNITY-BASED SERVICE SETTINGS; AND
WHEREAS, UNNECESSARY PLACEMENT IN INSTITUTIONS, SUCH AS NURSING HOMES, STATE HOSPITALS, AND OTHER NONHOME SETTINGS, OF SENIOR CITIZENS AND INDIVIDUALS WITH DISABILITIES ADVERSELY AFFECTS EVERYDAY LIFE ACTIVITIES, FAMILY RELATIONS, SOCIAL CONTACTS, WORK OPTIONS, ECONOMIC INDEPENDENCE, AND CULTURAL ENRICHMENT OF THOSE INSTITUTIONALIZED PERSONS; AND
WHEREAS, ON JUNE 22, 1999, THE UNITED STATES SUPREME COURT ISSUED A DECISION IN THE CASE OF OLMSTEAD V.L.C., FINDING THAT THE UNJUSTIFIED INSTITUTIONAL ISOLATION OF PEOPLE WITH DISABILITIES IS A VIOLATION OF THE AMERICANS WITH DISABILITIES ACT; AND
WHEREAS, THE OLMSTEAD DECISION CHALLENGED FEDERAL, STATE, AND LOCAL GOVERNMENTS TO DEVELOP COST-EFFECTIVE COMMUNITY-BASED SERVICES TO PREVENT OR DELAY INSTITUTIONALIZATION; AND
WHEREAS, ON SEPTEMBER 27, 2004, GOVERNOR SCHWARZENEGGER ISSUED EXECUTIVE ORDER S-18-04, AFFIRMING HIS ADMINISTRATION’S COMMITMENT TO “PROVIDE SERVICES TO PEOPLE WITH DISABILITIES IN THE MOST INTEGRATED SETTING, AND TO ADOPT AND ADHERE TO POLICIES AND PRACTICES THAT MAKE IT POSSIBLE FOR PERSONS WITH DISABILITIES TO REMAIN IN THEIR COMMUNITIES AND AVOID UNNECESSARY INSTITUTIONALIZATION”; AND
WHEREAS, ON SEPTEMBER 30, 2006, THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY (CHHSA) RECEIVED A $5,000,000 REAL CHOICES SYSTEMS TRANSFORMATION GRANT TO DEVELOP A PLAN AND INFRASTRUCTURE TO INCREASE ACCESS TO HOME AND COMMUNITY-BASED SERVICES AND TO HELP DIVERT PERSONS WITH DISABILITIES AND OLDER ADULTS FROM UNNECESSARY INSTITUTIONALIZATION; AND
WHEREAS, THE REAL CHOICES SYSTEMS TRANSFORMATION GRANT IS NOT SCHEDULED TO BE FULLY IMPLEMENTED UNTIL SEPTEMBER 2011; AND
WHEREAS, THE STATE OF CALIFORNIA CANNOT WAIT FOR ANOTHER THREE YEARS TO FIND MEANS TO SIGNIFICANTLY REDUCE BUDGET EXPENDITURES; AND
WHEREAS, ADULT CARE DAY CARE HEALTH SERVICES (ADHC), WHICH PROVIDES EVERYTHING FROM PROFESSIONAL CARE TO NUTRITIONAL AND SOCIAL SERVICE SUPPORT FOR SENIORS, ARE FAR MORE COST EFFCIENT THAN NURSING HOMES, AND
WHEREAS, ALTHOUGH IN A REPORT COMMISSIONED BY THE CALIFORNIA ASSOCIATION FOR ADULT DAY SERVICES (CAADS) IN 2007 FOUND THAT THE AVERAGE RATE FOR ADULT DAY HEALTH CARE ($914) WAS "FIVE TIMES LESS EXPENSIVE" THAN NURSING HOME CARE ($4,526), THERE WERE MORE CALIFORNIA MEDI-CAL BENEFIT RECIPIENTS (100,300) THAN IN ADULT DAY HEALTH CARE ENTERS (34,500); AND
WHEREAS THE SAVING COULD RISE TO "200 MILLION A MONTH" IF THE STATE FOCUSED RESOURCES AND EDUCATION ON ADULT DAY HEALTH CARE; AND
WHEREAS, THE COST OF PROVIDING OTHER COMMUNITY-BASED SERVICES THROUGH PROGRAMS SUCH AS MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) AND LINKAGES IS SUBSTANTIALLY LOWER THAN NURSING HOMES, AS SHOWN BELOW:
MSSP AVERAGE MONTHLY COST PER PERSON IS $263;
NURSING HOME AVERAGE MONTHLY COST PER PERSON IS $4,526; AND
WHEREAS, BY SIGNIFICANTLY INCREASING FUNDING FOR MSSP, LINKAGES, AND OTHER COMMUNITY-BASED SERVICE PROGRAMS, THE STATE OF CALIFORNIA WILL BE ABLE TO PROVIDE LONG-TERM CARE TO PEOPLE WITH DISABILITIES AND SENIOR CITIZENS AT A HIGHLY REDUCED EXPENDITURE RATE, WHILE SIMULTANEOUSLY PROVIDING THESE INDIVIDUALS WITH A MEANINGFUL CHOICE TO RECEIVE LONG-TERM SERVICES AND SUPPORT IN THE MOST INTEGRATED SETTING APPROPRIATE TO THEIR INDIVIDUAL NEEDS, AND TO RECEIVE THE GREATEST POSSIBLE QUALITY SERVICES THAT MAXIMIZE INDEPENDENCE IN THE HOME AND COMMUNITY IN COMPLIANCE WITH THE 1999 OLMSTEAD DECISION; AND
WHEREAS, IMPLEMENTATION OF THIS PROPOSAL WILL HAVE A POSITIVE EFFECT ON THE STATE OF CALIFORNIA AND FOR THOSE QUALIFIED INDIVIDUALS WHO REQUIRE LONG-TERM CARE SERVICES; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, 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 CALIFORNIA LEGISLATURE AFFIRM ITS COMMITMENT TO PROVIDE SERVICES TO SENIOR CITIZENS AND INDIVIDUALS WITH DISABILITIES IN THE MOST INTEGRATED SETTINGS, AND TO ADOPT AND ADHERE TO POLICIES AND PRACTICES THAT MAKE IT POSSIBLE FOR PERSONS WITH DISABILITIES TO REMAIN IN THEIR COMMUNITIES AND AVOID UNNECESSARY INSTITUTIONALIZATION; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE REQUESTS THE CALIFORNIA LEGISLATURE TO SIGNIFICANTLY EXPAND FUNDING FOR THE STATE’S ADULT DAY HEALTH CARE SERVICE PROGRAM, THE MULTIPURPOSE SENIOR SERVICES PROGRAM, LINKAGES, MEALS-ON-WHEELS, AND OTHER COMMUNITY-BASED PROGRAMS, MAKING THESE SERVICES AVAILABLE TO ALL SENIOR CITIZENS IN THIS STATE AND INDIVIDUALS WITH DISABILITIES WHO QUALIFY FOR THEM; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN 08 22024
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