AMENDED IN SENIOR ASSEMBLY OCTOBER 27, 2010

AMENDED IN SENIOR SENATE OCTOBER 26, 2010

 

SENIOR SENATE PROPOSAL NO. 11

INTRODUCED BY SENIOR SENATOR LEVY

 

LEGISLATIVE COUNSEL'S DIGEST

SP 11: COMMUNITY-BASED SERVICES.

UNDER EXISTING LAW, THE STATE FUNDS VARIOUS COMMUNITY-BASED PROGRAMS FOR SENIORS, INCLUDING ADULT DAY HEALTH CARE, MULTIPURPOSE SENIOR SERVICES, LINKAGES, AND MEALS-ON-WHEELS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO AFFIRM ITS COMMITMENT TO DEVELOP A LONG-TERM STRATEGIC CARE PLAN AND CONSIDER ENACTING A BOND MEASURE TO PROVIDE THE CASH FLOW NEEDED TO RESTORE COMMUNITY-BASED PROGRAMS FOR A LIMITED TIME FRAME.

VOTE: MAJORITY.

 

SP 11: RELATING TO COMMUNITY-BASED SERVICES FOR SENIORS

WHEREAS, THE STATE OF CALIFORNIA HAS MORE INDIVIDUALS OVER 65 YEARS OF AGE THAN ANY OTHER STATE; AND

WHEREAS, BY THE YEAR 2030, THE PRESENT POPULATION AGE 65 YEARS AND OLDER IS PROJECTED TO INCREASE TO 8.3 MILLION, OR 17.8 PERCENT OF ALL CALIFORNIANS; AND

WHEREAS, PRESENT FUNDING INCENTIVES ENCOURAGE INSTITUTIONALIZATION OF OLDER CALIFORNIANS AS OPPOSED TO FUNDING HCBS (HOME AND COMMUNITY-BASED SERVICES); AND

WHEREAS, UNNECESSARY INSTITUTIONAL PLACEMENT OF OLDER CALIFORNIANS ADVERSELY AFFECTS THE EVERYDAY LIFE ACTIVITIES OF THOSE INSTITUTIONALIZED PERSONS; AND

WHEREAS, THE UNITED STATES SUPREME COURT ISSUED, ON JUNE 22, 1999, A DECISION IN THE CASE 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 ET SEQ.); AND

WHEREAS, THE UNITED STATES SUPREME COURT’S 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 65 YEARS OF AGE AND OLDER WHO REMAIN IN THEIR HOMES AND COMMUNITIES HAVE BEEN EITHER TOTALLY ELIMINATED OR RADICALLY CUT; AND

WHEREAS, PROVIDING LONG-TERM CARE IN INSTITUTIONS IS MUCH MORE COSTLY THAN FUNDING PROGRAMS THAT ALLOW PEOPLE TO REMAIN IN THEIR COMMUNITIES; AND

WHEREAS, THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY’S FINAL REPORT (HEREAFTER REPORT) DATED NOVEMBER 2009 ON A FIVE-YEAR STUDY DEVELOPED UNDER A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR MEDICARE AND MEDICAID, CLEARLY STATES THAT CALIFORNIA LACKS A STRATEGIC PLAN THAT WOULD SET PRIORITIES FOR SERVICES IN THE FUTURE TO MAXIMIZE THE USE OF FINITE RESOURCES; AND

WHEREAS, CALIFORNIA SPENDS MORE THAN $10 BILLION ANNUALLY ON LONG-TERM CARE; AND

WHEREAS, THE REPORT DID NOT REVEAL THAT KEEPING PEOPLE IN THEIR COMMUNITIES AS LONG AS POSSIBLE AND TRANSITIONING MEDI-CAL BENEFICIARIES FROM INSTITUTIONS TO COMMUNITIES UTILIZING INCREASED FUNDING TO HOME AND COMMUNITY-BASED SERVICES (HCBS) WOULD, IN FUTURE YEARS, RESULT IN THE REDUCTION OF STATE EXPENDITURE BY MILLIONS OF DOLLARS; AND

WHEREAS, IT COSTS THE STATE APPROXIMATELY $1,000 PER PERSON PER MONTH PROVIDING HCBS IN A COMMUNITY SETTING, IT COSTS THE STATE $4,000 PER PERSON PER MONTH IN AN INSTITUTIONAL SETTING - A DIFFERENCE OF $3,000 PER PERSON PER MONTH OR $36,000 ANNUALLY; AND

WHEREAS, THERE WOULD BE A COST REDUCTION OF $180 MILLION ANNUALLY BY TRANSITIONING 5% OF THE 100,000 RESIDENTS RECEIVING STATE FUNDED INSTITUTIONAL CARE; AND

WHEREAS, A BOND MEASURE APPROVED BY THE VOTERS WOULD PROVIDE THE CASHFLOW NEEDED FOR A LIMITED TIME FRAME TO RESTORE THE PROGRAMS THAT HAVE BEEN DECIMATED BY RECENT BUDGET CUTS AND, ADDITIONALLY, WILL SET INTO MOTION SIGNIFICANT COST REDUCTIONS FOR LONG-TERM CARE IN THE FUTURE; AND

WHEREAS, IMPLEMENTATION OF THIS PROPOSAL WILL HAVE A POSITIVE EFFECT ON BOTH THE QUALIFIED INDIVIDUALS WHO REQUIRE LONG-TERM CARE IN THE LEAST RESTRICTIVE SETTING AND THE STATE’S GENERAL FUND; 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 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE CALIFORNIA LEGISLATURE AFFIRM ITS COMMITMENT TO DEVELOP A LONG-TERM STRATEGIC CARE PLAN THAT IDENTIFIES THE GOALS FOR THE STATE'S LONG-TERM CARE SYSTEM, CHANGES THAT WILL BE NEEDED TO REACH THE GOALS, ACTIONS THAT WILL BE TAKEN, AND THE AGENCY, STAFF, AND TIMELINES RESPONSIBLE FOR MANAGING THE PROCESS THAT WILL GUIDE DECISIONS ABOUT THE FUTURE OF LONG-TERM CARE SERVICES AND SUPPORTS THAT MAKE IT POSSIBLE FOR INDIVIDUALS WITH ADVANCED AGE OR DISABILITIES TO REMAIN IN THEIR COMMUNITIES AND AVOID UNNECESSARY INSTITUTIONALIZATION; AND BE IT FURTHER

RESOLVED, THAT THE LEGISLATURE SET PRIORITIES FOR RESTORING NEEDED SERVICES FOR PEOPLE 65 YEARS OF AGE AND OLDER BY ESTABLISHING SHORT TERM, MEDIUM RANGE, AND LONG TERM PROGRAMS RECOMMENDED BY THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY AND CALIFORNIA CHOICE'S FINAL REPORT TO IMPROVE ACCESS FOR CALIFORNIANS; AND BE IT FURTHER

RESOLVED, THAT THE LEGISLATURE CONSIDER ENACTING A BOND MEASURE TO PROVIDE THE CASH FLOW NEEDED FOR A LIMITED TIME FRAME TO RESTORE THE PROGRAMS THAT HAVE BEEN DECIMATED BY RECENT BUDGET CUTS, RECOGNIZING THAT VOTER APPROVAL OF THIS MEASURE WILL SOLVE THE IMMEDIATE PROBLEM, AND SET INTO MOTION SIGNIFICANT COST REDUCTIONS FOR LONG-TERM CARE IN THE FUTURE; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13567

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