SENIOR ASSEMBLY PROPOSAL NO. 4
INTRODUCED BY SENIOR ASSEMBLY MEMBER WOLFE
(COAUTHER: SENIOR ASSEMBLY MEMBER WEINTRAUB)
LEGISLATIVE COUNSEL'S DIGEST
AP 4: PROPOSAL TO CREATE A LETTER GRADING SYSTEM FOR LONG TERM HEALTH CARE FACILITIES.
EXISTING LAW GIVES THE STATE DEPARTMENT OF PUBLIC HEALTH AUTHORITY TO LICENSE AND REGULATE HEALTH FACILITIES, INCLUDING LONG-TERM HEALTH CARE FACILITIES. VIOLATION OF THESE PROVISIONS IS A MISDEMEANOR.
EXISTING LAW ESTABLISHES AN INSPECTION AND REPORTING SYSTEM TO ENSURE THAT LONG-TERM HEALTH CARE FACILITIES ARE IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS PERTAINING TO PATIENT CARE AND A CITATION SYSTEM FOR THE IMPOSITION OF CIVIL SANCTIONS AGAINST LONG-TERM HEALTH CARE FACILITIES IN VIOLATION OF THOSE LAWS.
EXISTING LAW REQUIRES THE STATE DEPARTMENT OF PUBLIC HEALTH TO DEVELOP AND ESTABLISH A CONSUMER INFORMATION SERVICE SYSTEM AND POST UPDATED AND ACCURATE INFORMATION TO THE PUBLIC AND CONSUMERS REGARDING COMPLIANCE OF LONG-TERM HEALTH CARE FACILITIES WITH FEDERAL AND STATE LAW.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION DIRECTING THE STATE DEPARTMENT OF PUBLIC HEALTH TO DEVELOP A LETTER GRADING SYSTEM TO RATE ALL LONG-TERM HEALTH CARE FACILITIES COMPLIANCE WITH STATE AND FEDERAL LAWS, AND CREATE A LIST OF DEFINITIONS USED IN STATE AND FEDERAL LAW TO ENSURE THAT MORE USER FRIENDLY, ACCESSIBLE INFORMATION IS AVAILABLE TO INDIVIDUALS REQUIRED TO MAKE PLACEMENT DECISIONS.
VOTE: MAJORITY.
AP 4: RELATING TO A GRADING SYSTEM FOR LONG-TERM HEALTH CARE FACILITIES
WHEREAS, INFORMATION AVAILABLE TO BE PUBLIC INDICATING A LONG-TERM HEALTH CARE FACILITY’S COMPLIANCE WITH STATE AND FEDERAL REGULATORY REQUIREMENTS IS VERY LIMITED; AND
WHEREAS, IN THE STATE OF CALIFORNIA, THERE ARE ABOUT SIX MILLION SENIORS, APPROXIMATELY 26 PERCENT OF WHOM ARE BESET BY CHRONIC HEALTH CARE ISSUES AND DISABILITIES, FREQUENTLY REQUIRING LONG-TERM CARE; AND
WHEREAS, ONLY APPROXIMATELY 33 PERCENT OF THE SENIOR POPULATION IN CALIFORNIA HAS ACCESS TO A COMPUTER AND MANY LACK THE SKILLS TO PROPERLY OBTAIN RELIABLE INFORMATION REGARDING THE COMPLIANCE OF A LONG-TERM HEALTH CARE FACILITY WITH STATE AND FEDERAL LAW; AND
WHEREAS, INFORMATION AVAILABLE ON THE STATE DEPARTMENT OF PUBLIC HEALTH’S INTERNET WEB SITE, PATTERNED AFTER A RECENTLY IMPLEMENTED FEDERAL RATING PROGRAM KNOWN AS THE FIVE STAR RATING PROGRAM, CAN BE EASILY MISUNDERSTOOD BY SENIORS AND OTHERS; AND
WHEREAS, THIS INFORMATION FAILS TO MEANINGFULLY DEFINE WORDS USED IN STATE AND FEDERAL LAW THAT GOVERN LONG-TERM HEALTH CARE FACILITIES, LEAVING THE PUBLIC CONFUSED AS TO EACH FACILITY’S COMPLIANCE WITH STATE AND FEDERAL LAW; AND
WHEREAS, A SIGNIFICANT AMOUNT OF INFORMATION REGARDING A FACILITY’S COMPLIANCE WITH STATE AND FEDERAL LAW IS COMMUNICATED THROUGH THE MEDIA, INCLUDING LOCAL NEWSPAPERS, ONLY AFTER AN UNLAWFUL EVENT HAS OCCURRED AT THAT FACILITY; AND
WHEREAS, MANY INDIVIDUALS, ORGANIZATIONAL REPRESENTATIVES, AND FAMILY MEMBERS ARE REQUIRED TO MAKE QUICK DECISIONS REGARDING PLACEMENT OR DISCHARGE OF THEIR ELDERLY LOVED ONES INTO, OR OUT OF, LONG-TERM HEALTH CARE FACILITIES. IN THESE INSTANCES, RESPONSIBLE PARTIES OFTEN BASE DECISIONS ON PERSONAL RECOMMENDATIONS RATHER THAN AN EXISTING RATING SYSTEM; AND
WHEREAS, MAKING RECOMMENDATIONS FOR PLACEMENT OR DISCHARGE OF THE ELDERLY, DISCHARGE PLANNERS, PHYSICIANS, AND OTHER AGENCIES GENERALLY HAVE LIMITED INFORMATION AS TO A PARTICULAR LONG-TERM HEALTH CARE FACILITY’S COMPLIANCE WITH STATE AND FEDERAL LAW; AND
WHEREAS, CURRENTLY THERE ARE AT LEAST 12 OTHER STATES THAT PROVIDE THE PUBLIC WITH A LETTER GRADING SYSTEM FOR LONG-TERM HEALTH CARE FACILITIES; AND
WHEREAS, LONG-TERM HEALTH CARE FACILITIES SHOULD BE SURVEYED, INSPECTED, AND GIVEN A LETTER GRADE BY THE STATE DEPARTMENT OF PUBLIC HEALTH BASED ON THE FACILITY’S COMPLIANCE WITH STATE AND FEDERAL LAW, AND THE GRADING SYSTEM SHOULD DO ALL OF THE FOLLOWING:
(1) BE POSTED ON THE STATE DEPARTMENT OF PUBLIC HEALTH’S INTERNET WEB SITE.
(2) PROVIDE DEFINITIONS OF TERMS USED IN THE REPORT THAT CAN BE EASILY UNDERSTOOD BY THE PUBLIC.
(3) INCLUDE CONTACT INFORMATION SO THAT THE PUBLIC CAN INQUIRE AS TO WHY A PARTICULAR LETTER GRADE WAS ISSUED.
(4) CREATE A PROCEDURE SO THAT LONG-TERM HEALTH CARE FACILITIES CAN APPEAL A LETTER GRADE WITHIN 10 DAYS OF THE INITIAL GRADE POSTING.
(5) MAINTAIN A REGISTRY OF ALL LETTER GRADES AND MAKE THE REGISTRY AVAILABLE TO THE PUBLIC DURING NORMAL BUSINESS HOURS; NOW, THEREFOR, BE IT
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND THE GOVERNOR ENACT LEGISLATION DIRECTING THE STATE DEPARTMENT OF PUBLIC HEALTH TO DEVELOP A LETTER GRADING SYSTEM TO RATE ALL CALIFORNIA LONG-TERM HEALTH CARE FACILITIES COMPLIANCE WITH STATE AND FEDERAL LAW, AND TO CREATE A LIST OF DEFINITIONS USED IN STATE AND FEDERAL LAW THAT GOVERNS LONG-TERM HEALTH CARE FACILITIES TO ENSURE THAT MORE USER FRIENDLY, EASILY ACCESSIBLE INFORMATION IS AVAILABLE TO INDIVIDUALS REQUIRED TO MAKE PLACEMENT AND DISCHARGE DECISIONS; 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 09 16497
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