2011-2012 Legislation

Signed

AB 40 (Yamada) Elder Abuse Reporting
Opposition Removed
This bill requires reports of suspected elder physical abuse to be made to law enforcement in addition to the ombudsman in some cases. CALA successfully obtained amendments that avoid inappropriate reports to the police for common resident-to-resident dementia-driven behaviors that do not result in significant injury. Look for more compliance detail in future CALA Updates.

 

AB 999 (Yamada) LTC Insurance
Support
This bill requires reports of suspected elder physical abuse to be made to law enforcement in addition to the ombudsman in some cases. CALA successfully obtained amendments that avoid inappropriate reports to the police for common resident-to-resident dementia-driven behaviors that do not result in significant injury. Look for more compliance detail in future CALA Updates.

 

AB 2066 (Monning) RCFE License Revocation Process
Support
This bill modifies a law enacted last year that establishes protections for residents during a license revocation, including allowing for a 60-day notice that the license has been revoked and the community may close. AB 2066 provides a process by which a community may continue to operate under the management of a qualified licensee during the 60 days prior to license revocation. This will help avoid a situation where DSS would order an entire community of residents to relocate in a matter of days and at the same time help ensure that a qualified licensee is responsible for care and supervision during the 60-day closure period. CALA worked closely with Assemblymember Monning on this valuable legislation.

 

SB 135 (Hernandez) Hospice Facility Licensure
Neutral
This bill creates a new licensure category for hospice facilities. California will be joining 35 other states that already have a separate hospice facility licensing category.

 

SB 345 (Wolk) Long-Term Care Ombudsman Program
Neutral
This bill gives the ombudsmen access to a list of RCFE resident names and room numbers upon request, among other things. This resolves an ongoing conflict between the ombudsman program and CCLD over whether this information can be shared without consent. State law currently provides for access to this information in nursing homes, but not RCFEs. SB 345 also specifies that the ombudsmen have the right to unescorted, unhindered access to the facility. Look for more compliance detail in future CALA Updates.

 

SB 1047 (Alquist) Silver Alert
Support
This bill establishes a “Silver Alert” notification system to issue and coordinate alerts informing the public when a person who is 65 years or older is missing. This program will remain in effect until January 1, 2016. CALA supported this bill.

 

SB 1170 (Leno) Senior Insurance
Neutral
This bill expands consumer protections governing the sale of insurance to seniors and adds specific protections for senior veterans. It prevents inappropriate charges for “assisting” veterans in the application for, or appeal of the denial of, veterans’ benefits, and prohibits misleading information in educational seminars and marketing materials that are aimed at senior veterans, among other things.

 

SB 1329 (Simitian) Drug Collection and Distribution Programs
Support
This bill allows RCFEs meeting certain criteria and other care settings to donate unused, untampered medications to county-approved pharmacies for redistribution to the medically indigent. CALA strongly advocated for RCFEs to be included in this process and worked to settle concerns from the Board of Pharmacy. Thank you to CALA Members who wrote letters to the Governor urging him to sign this bill as a way to increase access to prescription drugs and reduce pharmaceutical waste. CALA appreciates the successful effort and support of Senator Simitian and his staff!


Vetoed

AB 889 (Amiano) Domestic Work Employees
Neutral
This bill would have required the Department of Industrial Relations to adopt regulations governing the working conditions of domestic employees, including overtime and meal and rest breaks, by January 1, 2014. The Governor raised many concerns in his veto message including potential negative impacts on the elderly and disabled, enforcement challenges, and drafting errors.

 

SB 411 (Price) Home Care Services Licensure and Certification
Neutral
This SEIU-sponsored bill would have required licensure of home care agencies and certification for home care workers, managed by DSS. CALA had secured an exemption for RCFEs earlier in the process. In his veto message, the Governor cited “economic stressors and uncertainty” among the reasons for his veto.


Defeated

AB 1062 (Dickinson) – previously SB 558 (Simitian)
Oppose
This bill would have required the Department of Industrial Relations to adopt regulations governing the working conditions of domestic employees, including overtime and meal and rest breaks, by January 1, 2014. The Governor raised many concerns in his veto message including potential negative impacts on the elderly and disabled, enforcement challenges, and drafting errors.

 

SB 1528 (Steinberg) Damages for Medical Services
Oppose
This bill would have overturned a recent California Supreme Court case which ruled that a plaintiff can collect only the amount actually paid by insurers for medical treatment, not what was billed. CALA was part of a large coalition opposing this bill.