AMENDED IN SENIOR ASSEMBLY OCTOBER 26, 2010

SENIOR ASSEMBLY PROPOSAL NO. 32

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

(COAUTHORS: SENIOR ASSEMBLY MEMBERS QUINCY CAMPBELL, HARTSCHEN, LUCERO, MOLNAR, ROLFE, DOROTHY SORENSON, TOM, AND GEORGE TUCKER)

(COAUTHORS: SENIOR SENATORS HARTMANN, JAFFEE, KIM-SELBY, MULHOLLAND, JOHN SORENSON, AND YOUNG)

LEGISLATIVE COUNSEL'S DIGEST

AP 32: LONG-TERM CARE OMBUDSMAN.

UNDER EXISTING LAW, THE FEDERAL OLDER AMERICANS ACT OF 1965 AND THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM PROVIDES FOR THE INVESTIGATION AND ATTEMPTED RESOLUTION OF COMPLAINTS MADE BY, OR ON BEHALF OF, INDIVIDUAL RESIDENTS IN LONG-TERM CARE FACILITIES. THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN DEVELOPS POLICY AND PROVIDES OVERSIGHT TO THE LONG-TERM CARE OMBUDSMAN PROGRAM. THE PROGRAM IS ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF AGING, A DIVISION OF THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ESTABLISH AN INDEPENDENT STATE LONG-TERM CARE OMBUDSMAN’S OFFICE WITHIN A PRIVATE NONPROFIT ORGANIZATION THAT IS CONTRACTED WITH THE STATE WITH THE OFFICE HAVING FULL POWER AND AUTHORITY TO ADVOCATE FOR RESIDENTS OF LONG-TERM CARE FACILITIES ON ALL MATTERS RELATING TO THEIR CARE AND WELL-BEING.

VOTE: MAJORITY.

AP 32: RELATING TO THE STATE LONG-TERM CARE OMBUDSMAN

WHEREAS, THE CALIFORNIA STATE LONG-TERM CARE OMBUDSMAN PROGRAM WAS ESTABLISHED PURSUANT TO THE FEDERAL OLDER AMERICANS ACT OF 1965 AND THE MELLO-GRANLUND OLDER CALIFORNIANS ACT TO INVESTIGATE AND ENDEAVOR TO RESOLVE COMPLAINTS MADE BY, OR ON BEHALF OF, INDIVIDUAL RESIDENTS IN LONG-TERM CARE FACILITIES; AND

WHEREAS, THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM IS ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF AGING, A DIVISION OF THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY; AND

WHEREAS, THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY ALSO OVERSEES THE DEPARTMENT OF PUBLIC HEALTH AND THE DEPARTMENT OF SOCIAL SERVICES, WHICH ARE STATE AGENCIES THAT ADMINISTER THE LICENSING AND CERTIFICATION OF LONG-TERM CARE FACILITIES IN CALIFORNIA; AND

WHEREAS, THE STATE LONG-TERM CARE OMBUDSMAN IS PROHIBITED FROM HAVING DIRECT INVOLVEMENT IN THE LICENSING OR CERTIFICATION OF A LONG-TERM CARE FACILITY OR OF A PROVIDER OF A LONG-TERM CARE SERVICE, AND THAT INVOLVEMENT IS DEEMED A CONFLICT OF INTEREST; AND

WHEREAS, A CONFLICT OF INTEREST CURRENTLY EXISTS WITH THE PLACEMENT OF THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN UNDER THE AEGIS OF THE HEALTH AND HUMAN SERVICES AGENCY; AND

WHEREAS, THE CALIFORNIA STATE LONG-TERM CARE OMBUDSMAN IS A POLITICAL APPOINTEE, CONSTRAINED IN HIS OR HER RESPONSIBILITIES TO ADVOCATE FOR CHANGES IN POLICY, LEGISLATION, OR FUNDING THAT DIRECTLY IMPACT RESIDENTS OF LONG-TERM CARE FACILITIES; AND

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

WHEREAS, THE FEDERAL OLDER AMERICANS ACT REQUIRES THE STATE LONG-TERM CARE OMBUDSMAN TO REPRESENT THE INTERESTS OF LONG-TERM CARE FACILITY RESIDENTS BEFORE GOVERNMENTAL AGENCIES, AND SEEK ADMINISTRATIVE, LEGAL, AND OTHER REMEDIES TO PROTECT THE HEALTH, SAFETY, WELFARE, AND RIGHTS OF THE RESIDENTS, AND

WHEREAS, THE STATE LONG-TERM CARE OMBUDSMAN IS UNABLE TO EFFECTIVELY ADVOCATE FOR THE NEEDS OF RESIDENTS OF LONG-TERM CARE FACILITIES IN CALIFORNIA; 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 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE OF CALIFORNIA ESTABLISH AN INDEPENDENT STATE LONG-TERM CARE OMBUDSMAN’S OFFICE WITHIN A PRIVATE NONPROFIT ORGANIZATION WITH WHOM THE STATE IS REQUIRED TO CONTRACT IN ACCORDANCE WITH THE FEDERAL OLDER AMERICANS ACT OF 1965 AND THE MELLO-GRANLUND OLDER CALIFORNIANS ACT, WITH THE OFFICE HAVING FULL POWER AND AUTHORITY TO ADVOCATE FOR RESIDENTS OF LONG-TERM CARE FACILITIES ON ALL MATTERS RELATING TO THEIR CARE AND WELL-BEING; 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.

RN 10 13574

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