SENIOR ASSEMBLY PROPOSAL NO. 29
INTRODUCED BY ASSEMBLY MEMBER TIPTON
LEGISLATIVE COUNSEL'S DIGEST
AP 29: LONG-TERM
CARE OMBUDSMAN.
UNDER EXISTING LAW, THE CALIFORNIA DEPARTMENT OF AGING IS
RESPONSIBLE FOR THE DEVELOPMENT, COORDINATION, AND UTILIZATION OF RESOURCES TO
MEET THE LONG-TERM CARE NEEDS OF OLDER INDIVIDUALS.
THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN, WHICH IS A PART OF THE
DEPARTMENT, IS RESPONSIBLE FOR INVESTIGATING AND RESOLVING COMPLAINTS AND
CONCERNS COMMUNICATED BY, OR ON BEHALF OF, PATIENTS, RESIDENTS, OR CLIENTS OF
LONG-TERM CARE FACILITIES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE
GOVERNOR TO ENACT LEGISLATION WHICH WOULD REQUIRE THE OFFICE OF THE STATE
LONG-TERM CARE OMBUDSMAN TO IMPOSE A $3 PER-BED YEARLY FEE ON LONG-TERM CARE
NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES LICENSED TO CARE FOR THE
ELDERLY FOR THE SUPPORT OF LOCAL OMBUDSMAN PROGRAMS.
VOTE: MAJORITY.
AP 29:
RELATING TO LONG-TERM CARE OMBUDSMAN
WHEREAS, THERE ARE APPROXIMATELY 7,600 LONG-TERM CARE
NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES FOR THE ELDERLY LICENSED TO
OPERATE IN THIS STATE, YET THERE ARE ONLY 34 LOCAL OMBUDSMAN PROGRAMS THROUGHOUT
THE STATE THAT ARE REQUIRED TO INSPECT AND REPORT VIOLATIONS AFFECTING THE
HEALTH AND SAFETY OF RESIDENTS IN THESE FACILITIES TO THE STATE DEPARTMENT OF
HEALTH SERVICES AND THE STATE DEPARTMENT OF SOCIAL SERVICES; AND
WHEREAS, THERE IS WITHIN THE CALIFORNIA DEPARTMENT OF
AGING, THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN WHICH IS RESPONSIBLE FOR
INVESTIGATING AND RESOLVING COMPLAINTS AND CONCERNS COMMUNICATED BY, OR ON
BEHALF OF, PATIENTS, RESIDENTS, OR CLIENTS OF LONG-TERM CARE FACILITIES; AND
WHEREAS, THERE WERE APPROXIMATELY 275,000 BEDS AVAILABLE
AT LONG-TERM CARE NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES IN THIS
STATE IN 2001-02 AND THESE NUMBERS CONTINUE TO INCREASE; AND
WHEREAS, THERE ARE ONLY AROUND 100 PAID OMBUDSMAN STAFF
PERSONS THROUGHOUT THE STATE, AND THEY COORDINATE APPROXIMATELY 1,250 VOLUNTEERS
WHO ARE TRAINED TO INSPECT LONG-TERM CARE AND RESIDENTIAL CARE FACILITIES FOR
VIOLATIONS OF STATE AND LOCAL LAWS; AND
WHEREAS, THE DUTIES OF THOSE STAFF PERSONS AND VOLUNTEERS
HAVE INCREASED SIGNIFICANTLY DUE TO THE INCREASING RECOGNITION AND REPORTING OF
VARIOUS FORMS OF ELDER ABUSE, SUCH AS FINANCIAL AND PSYCHOLOGICAL ABUSE; AND
WHEREAS, THE FUNDING ALLOCATED TO THE OMBUDSMAN PROGRAM
IS STILL INADEQUATE; 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 2002
REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES A $3
PER BED YEARLY FEE ON LONG-TERM CARE FACILITIES AND RESIDENTIAL CARE FACILITIES
THAT CARE FOR THE ELDERLY, TO BE DIRECTED TO THE OFFICE OF THE STATE LONG-TERM
CARE OMBUDSMAN TO BE USED FOR THE PURPOSE OF FUNDING LOCAL OMBUDSMAN PROGRAMS,
AND THAT THESE FUNDS SHALL BE DISTRIBUTED TO THE LOCAL PROGRAMS IN PROPORTION TO
THE NUMBER OF FACILITIES IN EACH PROGRAM AREA, EXCEPT THAT 5 PERCENT SHALL BE
RETAINED BY THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN TO COVER
ADMINISTRATIVE COSTS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF
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.
PU
RN0214991
- 0 -