SENIOR ASSEMBLY PROPOSAL NO. 29

INTRODUCED BY SENIOR ASSEMBLY MEMBER TUCKER

LEGISLATIVE COUNSEL'S DIGEST

AP 29: OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN: DESIGNATION OF FUNCTIONS AND AUTHORITY.

UNDER EXISTING LAW, THE FEDERAL OLDER AMERICANS ACT AND THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM, UNDER THE DIRECTION OF THE STATE LONG-TERM CARE OMBUDSMAN, INVESTIGATES AND ATTEMPTS TO RESOLVE COMPLAINTS MADE BY, OR ON BEHALF OF, INDIVIDUAL RESIDENTS IN LONG-TERM CARE FACILITIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AMEND THE MELLO-GRANLUND OLDER CALIFORNIANS ACT TO INCORPORATE THE DETAILED FUNCTIONS OF THE STATE LONG-TERM CARE OMBUDSMAN THAT ARE ENUMERATED IN FEDERAL LAW AND TO AUTHORIZE THE STATE OMBUDSMAN TO INDEPENDENTLY DETERMINE WHAT TESTIMONY OR INFORMATION SHOULD BE PROVIDED TO THE STATE LEGISLATURE.

VOTE: MAJORITY.

AP 29: RELATING TO THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN

WHEREAS, THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM WAS ESTABLISHED PURSUANT TO THE FEDERAL OLDER AMERICANS ACT (42 U.S.C. SEC. 3001 ET SEQ.) AND THE MELLO-GRANLUND OLDER CALIFORNIANS ACT (SEC. 9000 ET SEQ., W.& I.C.) TO PROTECT THE HEALTH, SAFETY, WELFARE, AND RIGHTS OF INDIVIDUAL RESIDENTS IN LONG-TERM CARE FACILITIES; AND

WHEREAS, VULNERABLE RESIDENTS OF LONG-TERM CARE FACILITIES RELY ON THE STATE LONG-TERM CARE OMBUDSMAN TO ADVOCATE ON THEIR BEHALF WITHIN THE LONG-TERM CARE SYSTEM AND AT STATE AND FEDERAL LEVELS OF GOVERNMENT; AND

WHEREAS, THE FEDERAL OLDER AMERICANS ACT REQUIRES THE STATE LONG-TERM CARE OMBUDSMAN TO REPRESENT THE INTERESTS OF LONG-TERM CARE FACILITY RESIDENTS BEFORE GOVERNMENTAL AGENCIES AND CARE FACILITY MANAGEMENT, AND TO SEEK ADMINISTRATIVE, LEGAL, AND OTHER REMEDIES TO PROTECT THE HEALTH, SAFETY, WELFARE, AND THE RIGHTS OF THE RESIDENTS; AND

WHEREAS, THERE HAS BEEN GROWING CONCERN REGARDING THE STATE LONG-TERM CARE OMBUDSMAN’S LEGAL ABILITY TO EFFECTIVELY AND INDEPENDENTLY ADVOCATE FOR THE NEEDS OF RESIDENTS OF LONG-TERM CARE FACILITIES IN CALIFORNIA ON ALL MATTERS RELATING TO THEIR CARE AND WELL-BEING, DUE TO THE FACT THAT THE STATE LONG-TERM CARE OMBUDSMAN REPORTS TO THE CALIFORNIA DEPARTMENT OF AGING WITHIN THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY; AND

WHEREAS, THE STATE LONG-TERM CARE OMBUDSMAN SHOULD, FREE OF RESTRAINT, BE ABLE TO ADVOCATE FOR CHANGES IN POLICY, LEGISLATION, OR FUNDING THAT DIRECTLY IMPACT RESIDENTS OF LONG-TERM CARE FACILITIES; AND

WHEREAS, STATE LAW SHOULD PROVIDE A CLEAR LIST OF DETAILED FUNCTIONS OF THE STATE LONG-TERM CARE OMBUDSMAN, BY INCORPORATING THE LIST PROVIDED UNDER FEDERAL LAW IN SECTION 3058g(a)(3) OF TITLE 42 OF THE UNITED STATES CODE; 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 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE OF CALIFORNIA INCORPORATE INTO STATE LAW THE DESCRIPTION OF THE DUTIES AND RESPONSIBILITIES OF THE STATE LONG-TERM CARE OMBUDSMAN, AS PROVIDED IN THE FEDERAL OLDER AMERICANS ACT, AND TO ADD THE DUTY TO DETERMINE, ON AN INDEPENDENT BASIS, WHAT TESTIMONY OR INFORMATION SHOULD BE PROVIDED TO THE STATE LEGISLATURE; 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.

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RN 11 17664