SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 6

INTRODUCED BY SENIOR ASSEMBLY MEMBER GODAGER

LEGISLATIVE COUNSEL'S DIGEST

AFP 6:  RESIDENTIAL FACILITY OPERATORS.

UNDER EXISTING LAW, THE SOCIAL SECURITY REPRESENTATIVE PAYMENT PROGRAM, THE SOCIAL SECURITY ADMINISTRATION AUTHORIZES A REPRESENTATIVE PAYEE TO MANAGE THE BENEFITS PAID TO CERTAIN INDIVIDUAL BENEFICIARIES DEEMED INCAPABLE OF MANAGING THEIR SOCIAL SECURITY OR SUPPLEMENTAL SECURITY INCOME PAYMENTS.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD PROHIBIT CARE FACILITY OPERATORS, BOARDING HOME OPERATORS, AND PROFESSIONAL CONSERVATORS WHO CONTROL OR OPERATE CARE FACILITIES FROM BEING DESIGNATED AS REPRESENTATIVE PAYEES FOR PERSONS RESIDING UNDER THEIR CARE, UNLESS THE REPRESENTATIVE PAYEE IS RELATED TO THE SOCIAL SECURITY RECIPIENT BY BLOOD OR MARRIAGE.

VOTE: MAJORITY.

AFP 6: RELATING TO RESIDENTIAL FACILITY OPERATORS

WHEREAS, CARE FACILITY OPERATORS, BOARDING HOME OPERATORS, AND PROFESSIONAL CONSERVATORS OFTEN ACT AS REPRESENTATIVE PAYEES FOR RECIPIENTS OF SOCIAL SECURITY PAYMENTS WHO RESIDE IN FACILITIES UNDER THE CONTROL OF THE OPERATORS OR CONSERVATORS; AND

WHEREAS, AS REPRESENTATIVE PAYEES, CARE FACILITY OPERATORS, BOARDING HOME OPERATORS, AND PROFESSIONAL CONSERVATORS ARE IN POSITIONS TO PAY THEMSELVES, LEADING TO POTENTIAL CONFLICTS OF INTEREST TO THE DETRIMENT OF THE SENIORS AND DISABLED RESIDENTS IN THE REPRESENTATIVE PAYEE'S CARE; AND

WHEREAS, SENIORS AND OTHER RESIDENTS OF CARE FACILITIES MAY FEEL THAT THEY ARE HELD CAPTIVE IN FACILITIES WHEN CARE FACILITY OPERATORS, BOARDING HOME OPERATORS, OR PROFESSIONAL CONSERVATORS HAVE CONTROL OVER RESIDENTS' FUNDS, RENDERING VOLUNTARY PLACEMENTS INVOLUNTARY; 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 2005 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT CARE FACILITY OPERATORS, BOARDING HOME OPERATORS, AND PROFESSIONAL CONSERVATORS WHO CONTROL OR OPERATE CARE FACILITIES BE PROHIBITED FROM BEING DESIGNATED AS REPRESENTATIVE PAYEES FOR PERSONS RESIDING UNDER THEIR CARE, UNLESS THE REPRESENTATIVE PAYEE IS RELATED TO THE SOCIAL SECURITY RECIPIENT BY BLOOD OR MARRIAGE; AND BE IT
FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT 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 PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.