2013 California Legislative Update

CANHR Sponsored or Co-sponsored Bills

AB 140 (Dickinson): Undue Influence This bill would define undue influence as excessive persuasion that causes another person to act or refrain from acting in a manner that results in an unfair outcome. In determining whether the outcome was produced by undue influence, the vulnerability of the victim, the influencer’s apparent authority, the actions or tactics used by the influencer, and the equity of the result shall be considered.

AB 553 (Medina): Reverse Mortgage This bill would prohibit a lender from taking a reverse mortgage application unless at least 7 days prior to receiving counseling the applicant has received from the lender a specified disclosure notice.

SB 272 (Corbett): Advertising: military endorsements This bill would make it illegal for any nongovernmental entity to use a seal or emblem to imply any connection or endorsement of any federal or state military, veteran or Veterans Service Organization (VSO), without approval, for the purpose of financial gain. This would apply to advertising or promotion of events or products, without permission.

CANHR Oppose

AB 973 (Quirk-Silva): Long-term Health Facilities: Use of CMP Funds This bill would mandate that up to $150,000 from the State Health Facilities Citation Penalties Account and up to $250,000 from the Federal Health Facilities Citation Penalties Account be continuously appropriated each fiscal year to fund a statewide Culture Change “consultant”. Given the uncertainty of the CMP funds each year, the statutory requirement that these funds be used to reimburse residents for loss of personal funds, to protect residents in cases of facility closures and for temporary managers, and the pressing need for fully funding the long term care ombudsman program, it is poor public policy to use funds paid by facilities who violated the law to provide consulting services to those same facilities. 87% of California’s nursing homes are for-profit entities, many of them owned by real estate investment firms, If these nursing homes were truly interested in culture change and person-centered care, they would fund it.

CANHR Support

AB 322 (Yamada): Home Care Services Act of 2013 This bill would enact the Home Care Services Act of 2013 and would provide for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services.

AB 364 (Calderon): Community Care Facilities: Unannounced Visits This bill would instead require the department to visit a community care facility no less often than once every 2 years.

AB 381 (Chau): Estates and Trusts: Undue Influence and Elder Abuse. The bill will permit California seniors to recoup attorney fees and costs whenever a person in bad faith misappropriates their property or uses a power of attorney to commit elder financial abuse.

AB 471 (Atkins): Medi-Cal: Program of All-Inclusive Care for the Elderly. This bill would delete the provision that limits the number of contracts with PACE organizations to 15.

AB 581 (Ammiano): Residential Care Facilities for the Elderly: Retaliation. This bill would prohibit a adult residential facility licensee or a residential facility for the elderly licensee, or officer or employee of the licensee, from discriminating or retaliating in any manner, including, but not limited to, eviction or threat of eviction, against any person receiving the services of the facility, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department or the local or state ombudsman pursuant to prescribed provisions of law.

AB 663 (Gomez): Residential Care Facilities: Administrators: Training Requirements This bill would require the administrator training to be a total of 40 hours and would require that the training include 5 hours of training in cultural competency and sensitivity in aging lesbian, gay, bisexual, and transgender minority issues.

AB 900 (Alejo): Medi-Cal: Reimbursement: Distinct Part Nursing Facilities This bill stops the proposed budget cuts to Medi-Cal reimbursements for medical services provided by hospital based nursing facilities also known as Distinct Part/Skilled Nursing Facilities (DP/SNFs). Restoring DP/SNFs Medi-Cal reimbursement rates to adequate levels will support access to essential medical care for patients and entire communities.

AB 974 (Hall): Patient Transfer: Nonmedical Reasons: Notice to Contact Person or Next of Kin. The bill will require hospitals to obtain (upon patient consent) an emergency or next of kin contact and notify that individual prior to the patient’s transfer. If the patient is not able to respond, the hospital will make a reasonable effort to identify an emergency contact or next of kin and alert them of the transfer.

AB 1094 (Brown): CalWORKs: Eligibility This bill would expand the definition of disability-based unearned income to includes veteran’s disability compensation and help California’s veterans of the wars in Iraq and Afghanistan.

SB 60 (Wright): Victims of Crime Act: Elderly Adults. This bill would include financial abuse of an elderly or dependent adult in the definition of crimes eligible for compensation under the California Victim Compensation and Government Claims Restitution Fund. It would also provide legislative findings and declarations regarding financial crimes against elderly or dependent adults.

SB 609 (Wolk): Office of the State Long-Term Care Ombudsman. Existing law requires the office to solicit and receive funds, gifts, and contributions to support the operations and program of the office. This bill would require the office to deposit those funds into the Long-Term Care Ombudsman Program Improvement Act Fund, and would continuously appropriate those funds for the purpose of supporting the operations and programs of the office.

Page Last Modified: April 17, 2013