AMENDED IN SENIOR SENATE OCTOBER 30, 2012
SENIOR SENATE PROPOSAL NO. 11
INTRODUCED BY SENIOR SENATOR LEVY
(COAUTHORS: SENIOR SENATORS JAFFEE AND YOUNG)
(COAUTHORS: SENIOR ASSEMBLY MEMBERS LUCERO, PARK, AND TOM)
LEGISLATIVE COUNSEL'S DIGEST
SP 11: LONG-TERM CARE STRATEGIC PLANNING.
UNDER EXISTING LAW, THE CALIFORNIA DEPARTMENT OF AGING ADMINISTERS VARIOUS COMMUNITY-BASED PROGRAMS FOR SENIORS, INCLUDING ADULT DAY HEALTH CARE PROGRAMS, THE MULTIPURPOSE SENIOR SERVICES PROGRAM, LINKAGES, AND HOME-DELIVERED MEALS. EXISTING LAW IDENTIFIES THE MISSION OF THE DEPARTMENT TO PROVIDE LEADERSHIP TO THE AREA AGENCIES ON AGING IN DEVELOPING SYSTEMS OF HOME- AND COMMUNITY-BASED SERVICES THAT MAINTAIN INDIVIDUALS IN THEIR OWN HOMES OR LEAST RESTRICTIVE HOMELIKE ENVIRONMENTS.
EXISTING LAW REQUIRES THE SECRETARY OF CALIFORNIA HEALTH AND HUMAN SERVICES, BASED UPON CERTAIN INFORMATION COMPILED BY THE UNIVERSITY OF CALIFORNIA AND WITH THE CONSULTATION OR ADVICE OF SPECIFIED ENTITIES, TO DEVELOP A STATEWIDE STRATEGIC PLAN ON AGING FOR LONG-TERM PLANNING PURPOSES AND SUBMIT THE PLAN TO THE LEGISLATURE BY JULY 1, 2003.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DEVELOP A LONG-TERM CARE STRATEGIC PLAN FOR THE PURPOSES OF ESTABLISHING POLICIES AND REGULATIONS THAT MAKE IT POSSIBLE FOR QUALIFIED PERSONS WITH ADVANCED AGE OR DISABILITIES TO REMAIN IN THEIR HOMES AND COMMUNITIES AND AVOID UNNECESSARY INSTITUTIONALIZATION.
VOTE: MAJORITY.
SP 11: RELATING TO LONG-TERM CARE STRATEGIC PLANNING
WHEREAS, MORE INDIVIDUALS WHO ARE 65 YEARS OF AGE AND OLDER LIVE IN CALIFORNIA THAN IN ANY OTHER STATE; AND
WHEREAS, BY THE YEAR 2030, THE PRESENT POPULATION OF INDIVIDUALS WHO ARE 65 YEARS OF AGE OR OLDER IS EXPECTED TO INCREASE TO 8.3 MILLION, OR 17.8 PERCENT OF ALL CALIFORNIANS; AND
WHEREAS, PRESENT FUNDING INCENTIVES ENCOURAGE THE LONG-TERM INSTITUTIONALIZATION OF OLDER CALIFORNIANS; AND
WHEREAS, PROVIDING LONG-TERM CARE IN INSTITUTIONS IS ENORMOUSLY MORE COSTLY THAN FUNDING PROGRAMS THAT ALLOW PEOPLE TO REMAIN IN THEIR COMMUNITIES; AND
WHEREAS, ON JUNE 22, 1999, THE UNITED STATES SUPREME COURT ISSUED THE DECISION OF OLMSTEAD V. L.C. EX REL. 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 AND FOLLOWING); AND
WHEREAS, THE OLMSTEAD DECISION CHALLENGED FEDERAL, STATE, AND LOCAL GOVERNMENTS TO DEVELOP COST-EFFECTIVE COMMUNITY-BASED SERVICES TO PREVENT OR DELAY INSTITUTIONALIZATION; AND
WHEREAS, DURING THE PAST TWO YEARS, CALIFORNIA’S PRIMARY AGENCIES AND PROGRAMS HELPING PEOPLE WHO ARE 65 YEARS OF AGE OR OLDER REMAIN IN THEIR COMMUNITIES HAVE BEEN EITHER TOTALLY ELIMINATED OR RADICALLY CUT; AND
WHEREAS, THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY’S FINAL REPORT (HEREAFTER REPORT), DATED NOVEMBER 2009, IN A FIVE-YEAR STUDY DEVELOPED UNDER A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR MEDICARE AND MEDICAID SERVICES CLEARLY STATES THAT CALIFORNIA LACKS A STRATEGIC PLAN THAT WOULD SET PRIORITIES FOR SERVICES FOR THE FUTURE TO MAXIMIZE THE USE OF FINITE RESOURCES; AND
WHEREAS, UNDER EXISTING LAW, THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY WAS REQUIRED, BY JULY 1, 2003, TO DEVELOP A STATEWIDE STRATEGIC PLAN FOR CALIFORNIA TO ADDRESS THE IMPENDING DEMOGRAPHIC, ECONOMIC, AND SOCIAL CHANGES TRIGGERED BY CALIFORNIA’S AGING AND DIVERSIFYING SOCIETY AND TO SUBMIT THIS PLAN TO THE LEGISLATURE; AND
WHEREAS, THIS STRATEGIC PLAN SHOULD BE UPDATED, CONTINGENT UPON THE RECEIPT OF FUNDS FOR THESE PURPOSES; 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 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE REQUIRE THE SECRETARY OF HEALTH AND HUMAN SERVICES, IN CONSULTATION WITH THE CALIFORNIA DEPARTMENT OF AGING, THE CALIFORNIA COUNCIL ON GERONTOLOGY AND GERIATRICS, THE CALIFORNIA COMMISSION ON AGING, THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN, CONSUMER GROUPS, AND OTHER INTERESTED PARTIES, TO UPDATE THE LONG-TERM CARE STRATEGIC PLAN IN ORDER TO PROVIDE GUIDANCE FOR COMMUNITY-BASED PROGRAMS THAT SERVE QUALIFIED PERSONS WITH ADVANCED AGE AND DISABILITIES; AND BE IT FURTHER
RESOLVED, THAT THE UPDATED STRATEGIC PLAN ADDRESS SPECIFIC STATUTORY AND PROGRAMMATIC CHANGES REQUIRED TO IMPLEMENT EXISTING STRATEGIC PLANS, DEVELOP A DELIVERY SYSTEM DESIGN PLAN THAT IDENTIFIES A SEAMLESS CONTINUUM OF SERVICES AND SUPPORTS NEEDED BY INDIVIDUALS OF ADVANCED AGE OR WITH DISABILITIES IN ORDER TO REMAIN IN THEIR COMMUNITIES, AND RECOMMEND AN APPROPRIATE AGENCY TO GUIDE IMPLEMENTATION OF THE STRATEGIC PLAN; AND BE IT FURTHER
RESOLVED, THAT THE UPDATING OF THE STRATEGIC PLAN BE MADE CONTINGENT UPON THE RECEIPT OF FEDERAL OR OTHER FUNDS, EXCEPT FOR STATE FUNDS, FOR THESE PURPOSES IN ORDER FOR THIS PROPOSAL TO REMAIN COST NEUTRAL; 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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