SENIOR ASSEMBLY PROPOSAL NO. 37

INTRODUCED BY SENIOR ASSEMBLY MEMBER TUCKER

(PRINCIPAL COAUTHORS: SENIOR ASSEMBLY MEMBERS HARTSCHEN AND ROLFE)

(COAUTHOR: SENIOR SENATOR KIM-SELBY)

LEGISLATIVE COUNSEL'S DIGEST

AP 37: LONG-TERM CARE OMBUDSMAN FUNDING

EXISTING LAW, THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, ESTABLISHES THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN IN THE CALIFORNIA DEPARTMENT OF AGING. EXISTING LAW REQUIRES THE DEPARTMENT TO ALLOCATE ALL FEDERAL AND STATE FUNDS FOR LOCAL OMBUDSMAN PROGRAMS ACCORDING TO A SPECIFIED SCHEDULE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD SECURE FUNDING FOR LONG-TERM CARE OMBUDSMAN PROGRAMS THROUGH AN ANNUAL FEE CHARGED TO CARE FACILITIES, AND IN ACCORDANCE WITH PRESCRIBED REQUIREMENTS.

VOTE: MAJORITY.

AP 37: RELATING TO LONG-TERM CARE OMBUDSMAN PROGRAMS

WHEREAS, VULNERABLE RESIDENTS OF LONG-TERM CARE FACILITIES RELY ON OMBUDSMEN TO ADVOCATE FOR THEIR NEEDS, BOTH IN THE FACILITIES AND AT THE STATE AND FEDERAL LEVELS OF GOVERNMENT; AND

WHEREAS, CALIFORNIA LAW REQUIRES THAT NEGLECT AND ABUSE TAKING PLACE IN SKILLED NURSING FACILITIES AND IN ASSISTED LIVING CARE HOMES BE REPORTED, AND THE MOST PROMINENT CONTACT FOR THAT REPORTING, AND RESOLUTION OF THE PROBLEM, IS THE LONG-TERM CARE OMBUDSMAN PROGRAM, WHICH SUPPLEMENTS STATE OVERSIGHT; AND

WHEREAS, THE LONG-TERM CARE OMBUDSMAN PROGRAM IS CURRENTLY UNABLE TO EFFECTIVELY ADVOCATE FOR THE NEEDS OF THE GROWING NUMBER OF RESIDENTS OF LONG-TERM CARE FACILITIES IN CALIFORNIA BECAUSE OF FLUCTUATING BUDGET CONSTRAINTS AT THE STATE AND LOCAL GOVERNMENT LEVELS, MAKING IT DIFFICULT TO ADEQUATELY STAFF THE PROGRAM AT THE LOCAL LEVEL AS IT EXISTED IN THE 2007–08 FISCAL YEAR; 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 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE METHOD OF FUNDING FOR THE LONG-TERM CARE OMBUDSMAN PROGRAM BE CHANGED FROM STATE GOVERNMENT GENERAL FUND APPROPRIATIONS TO AN ANNUAL FEE CHARGED TO EACH CARE FACILITY DETERMINED ON THE FUNDING AVAILABLE FOR THE PROGRAM IN THE 2007–08 FISCAL YEAR AS A BASE AND ADJUSTED FOR INFLATION FROM THE DATE OF ENACTMENT OF LEGISLATION THAT ESTABLISHES THIS FEE, ON A STATEWIDE BASIS; AND BE IT FURTHER

RESOLVED, THAT THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN IN THE CALIFORNIA DEPARTMENT OF AGING SHALL DETERMINE THE FEE TO BE ASSESSED TO ALL CARE FACILITIES WITHIN ITS JURISDICTION BASED UPON THE NUMBER OF BEDS OR THE NUMBER OF FACILITIES OR SOME COMBINATION THEREOF; AND BE IT FURTHER

RESOLVED, THAT THE STATE LONG-TERM CARE OMBUDSMAN SHALL ANNUALLY ADVISE THE STATE DEPARTMENT OF PUBLIC HEALTH AND THE STATE DEPARTMENT OF SOCIAL SERVICES OF THE AMOUNT OF THIS FEE, TO BE COLLECTED TOGETHER WITH THE ANNUAL LICENSING FEES ALREADY BEING CHARGED BY THESE DEPARTMENTS, AND THAT THIS FEE, WHEN COLLECTED, SHALL BE REMITTED BY THE STATE OMBUDSMAN OFFICE TO EACH COUNTY SOCIAL SERVICES AGENCY WITHOUT THE NEED FOR APPROPRIATION; 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 12 16494