SENIOR SENATE PROPOSAL NO. 5

INTRODUCED BY SENIOR SENATOR MESLER

LEGISLATIVE COUNSEL'S DIGEST

SP 5: LICENSED CARE FACILITIES.

UNDER EXISTING LAW, THE STATE DEPARTMENT OF SOCIAL SERVICES LICENSES AND REGULATES RESIDENTIAL CARE FACILITIES AND SKILLED NURSING FACILITIES, AS DEFINED.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROHIBIT LICENSED OPERATORS OF RESIDENTIAL CARE FACILITIES OR SKILLED NURSING FACILITIES FROM BEING DESIGNATED PAYEES TO RECEIVE BENEFITS ON BEHALF OF A RESIDENT OF THE OPERATOR’S FACILITY.

VOTE: MAJORITY.

SP 5: RELATING TO LICENSED CARE FACILITIES

WHEREAS, MANY RESIDENTS OF LICENSED RESIDENTIAL CARE FACILITIES AND SKILLED NURSING FACILITIES CANNOT MANAGE THEIR OWN FINANCES AND REQUIRE DESIGNATED PAYEES TO ACT IN THIS CAPACITY; AND

WHEREAS, THERE IS AN INHERENT CONFLICT WITH A LICENSED OPERATOR OF A CARE FACILITY OR A NURSING FACILITY ACTING ON BEHALF OF A RESIDENT IN FINANCIAL MATTERS WHEN THE OPERATOR IS THE RECIPIENT OF A SIGNIFICANT PORTION OF THOSE FUNDS; AND

WHEREAS, THE DESIGNATED PAYEE SYSTEM WAS ESTABLISHED TO PROTECT THE RECIPIENT; 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 LICENSED OPERATORS OF RESIDENTIAL CARE FACILITIES AND SKILLED NURSING FACILITIES BE PROHIBITED FROM BEING DESIGNATED PAYEES TO RECEIVE BENEFITS ON BEHALF OF A RESIDENT OF THE OPERATOR’S FACILITY; 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 16417

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