AMENDED IN SENIOR SENATE OCTOBER 27, 2009
SENIOR SENATE PROPOSAL NO. 10
INTRODUCED BY SENIOR SENATOR LEVY
(COAUTHORS: SENIOR SENATORS AGOR, COX, JAFFEE, LUCERO, LUNDIN, AND SCHWARTZ)
LEGISLATIVE COUNSEL'S DIGEST
SP 10: COMMUNITY-BASED SERVICES.
UNDER EXISTING LAW, THE STATE FUNDS VARIOUS COMMUNITY-BASED PROGRAMS FOR SENIORS, INCLUDING ADULT DAY HEALTH CARE, MULTIPURPOSE SENIOR SERVICES, LINKAGES, AND MEALS-ON-WHEELS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD SIGNIFICANTLY EXPAND FUNDING FOR THESE COMMUNITY-BASED PROGRAMS.
VOTE: MAJORITY.
SP 10: RELATING TO COMMUNITY-BASED PROGRAMS FOR SENIORS
WHEREAS THE STATE OF CALIFORNIA HAS MORE INDIVIDUALS OVER 60 YEARS OF AGE AND PEOPLE WITH DISABILITIES THAN ANY OTHER STATE; AND
WHEREAS, BY THE YEAR 2020 THE PRESENT POPULATION OVER 60 YEARS OF AGE IN THE STATE OF CALIFORNIA WILL DOUBLE TO 6.5 MILLION PEOPLE; AND
WHEREAS THE OPPORTUNITY TO DIRECT ONE'S OWN AFFAIRS, LIVE INDEPENDENTLY AND ATTAIN ECONOMIC SELF-SUFFICIENCY IS AN ESSENTIAL COMPONENT OF DEVELOPING SELF-WORTH AND PERSONAL RESPONSIBILITIES; AND
WHEREAS PRESENT FUNDING INCENTIVES ENCOURAGE INSTITUTIONALIZATION OF OLDER CALIFORNIANS AND INDIVIDUALS WITH DISABILITIES; AND
WHEREAS, UNNECESSARY INSTITUTIONAL PLACEMENT, SUCH AS NURSING HOMES, STATE HOSPITALS, AND OTHER NONHOME-LIKE SETTINGS, OF OLDER CALIFORNIANS AND INDIVIDUALS WITH DISABILITIES ADVERSELY AFFECTS THE EVERYDAY LIFE ACTIVITIES, FAMILY RELATIONS, SOCIAL CONTACTS, WORK OPTIONS, ECONOMIC INDEPENDENCE, AND CULTURAL ENRICHMENT OF THOSE INSTITUTIONALIZED PERSONS; AND
WHEREAS, THE UNITED STATES SUPREME COURT ISSUED, ON JUNE 22, 1999, A DECISION IN THE CASE OF OLMSTEAD V.L.C. BY ZIMRING (1999) 527 U.S. 581 (HEREAFTER OLMSTEAD), FINDING THAT THE UNJUSTIFIED INSTITUTIONAL ISOLATION OF PEOPLE WITH DISABILITIES IS A VIOLATION OF THE AMERICANS WITH DISABILITIES ACT (42 U.S.C SEC. 12131 ET SEQ.); AND
WHEREAS, THE UNITED STATES SUPREME COURT 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 HEALTH AND HUMAN SERVICES AGENCY 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 TO 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 TWO YEARS TO FIND WAYS TO SIGNIFICANTLY REDUCE BUDGET EXPENDITURES; AND
WHEREAS, ADULT DAY HEALTH CARE SERVICES (ADHC), WHICH PROVIDES EVERYTHING FROM PROFESSIONAL HEALTH CARE TO NUTRITIONAL AND SOCIAL SERVICES SUPPORT FOR SENIORS, ARE FAR MORE COST EFFICIENT THAN NURSING HOMES; AND
WHEREAS, ALTHOUGH A REPORT COMMISSIONED BY THE CALIFORNIA ASSOCIATION FOR ADULT DAY SERVICES (CAADS) IN 2007 FOUND THAT THE AVERAGE MONTHLY RATE FOR ADULT DAY HEALTH CARE OF $914 WAS “FIVE TIMES LESS EXPENSIVE” THAN THE MONTHLY RATE NURSING HOME CARE OF $4,526, BUT THERE WERE 2/3 MORE CALIFORNIA MEDI-CAL BENEFIT RECIPIENTS (100,300) IN NURSING HOMES THAN IN ADULT DAY HEALTH CARE CENTERS; AND
WHEREAS, THE SAVINGS COULD RISE TO $200,000,000 A MONTH, A REDUCTION IN THE BUDGET OF $2,400,000,000 FOR EACH YEAR, IF THE STATE FOCUSED RESOURCES AND EDUCATION ON ADULT DAY HEALTH CARE; AND
WHEREAS, THE COST TO PROVIDE COMMUNITY-BASED SERVICES THROUGH PROGRAMS SUCH AS THE MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) AND LINKAGES IS SUBSTANTIALLY LOWER THAN NURSING HOMES AS SHOWN BELOW:
MSSP average monthly cost per person…………………………… $263
Nursing home average monthly cost per person……… $4,526
WHEREAS, BY SIGNIFICANTLY INCREASING FUNDING FOR ADHC, MSSP, THE LINKAGES PROGRAM, AND OTHER COMMUNITY-BASED SERVICE PROGRAMS, THE STATE OF CALIFORNIA WILL BE ABLE TO PROVIDE LONG-TERM CARE TO PEOPLE WITH DISABILITIES AND OLDER ADULTS AT A HUGE REDUCED EXPENDITURES RATE, WHILE SIMULTANEOUSLY PROVIDING THESE INDIVIDUALS WITH A MEANINGFUL CHOICE TO RECEIVE LONG-TERM SERVICES AND SUPPORTS IN THE MOST INTEGRATED SETTING APPROPRIATE TO THEIR INDIVIDUAL NEEDS, AND TO RECEIVE THE GREATEST POSSIBLE QUALITY SERVICES THAT MAXIMIZES INDEPENDENCE IN THE HOME AND COMMUNITY IN COMPLIANCE WITH THE 1999 UNITED STATES SUPREME COURT 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 2009 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 SETTING, AND TO ADOPT AND ADHERE TO POLICIES AND PRACTICES THAT MAKE IT POSSIBLE FOR PERSONS WITH DISABILITIES OR ADVANCED AGE 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 PROGRAMS, THE MULTIPURPOSE SENIOR SERVICES PROGRAM, THE LINKAGES PROGRAM, MEALS-ON-WHEELS, AND OTHER COMMUNITY-BASED PROGRAMS, MAKING THESE SERVICES AVAILABLE TO ALL QUALIFIED SENIORS 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 09 16848
- 0 -