CANHR’s 2008 Advocacy Campaign for Quality Care
The 2008 legislative session will be a busy one, with hundreds of bills introduced that could affect nursing home care, RCFEs, elder financial abuse and the aged, blind and the disabled. We urge you to join CANHR’s 2008 Advocacy Campaign for Quality Care and to write to your state Senators and Assembly representatives regarding these bills.
Following are just some of the major bills that CANHR is sponsoring, supporting or watching during the 2008 session. Watch CANHR’s web site for updates.
SB 489 – Support!! and AB 1022 – Oppose!!
Sponsored By CANHR:
SB 535 (Kuehl): Access to Nursing Home Information
Although DPH has recently established Internet access to consumers to specific information about nursing homes, a great deal of pertinent information has not been included. This bill specifies the comprehensive information that should be made accessible electronically and through consumer information profiles to consumers.
Status: in Assembly Appropriations
SB 489 (Steinberg): CCRC Closure Protections
This bill would impose requirements on a Continuing Care Retirement Community (CCRC) provider faced with closure to ensure residents have adequate time to find new housing. Co–sponsor: California Continuing Care Residents Association (CALCRA).
Status: Assembly Inactive File.
SB 1140 (Steinberg): Elder Financial Abuse Protection Bill
This bill would reform the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) to help ensure that seniors can seek civil recourse for elder financial abuse, make certain that commercial elder financial abusers are held responsible for their actions, and provide a statute of limitations for these cases where there is none.
Status: Assembly Judiciary hearing 6/17/08.
Support:
SB 483 (Kuehl): DRA Implementation
This bill will incorporate the Department of Health Care Services’ DRA implementation provisions, including the home equity limitation, transfer of assets, and the other provisions affecting home and facility care, i.e., nursing home or Medicaid waiver programs.
Status: Assembly Health hearing 6/17/08.
SB 1170 (Alquist): Regulations for ICF/DD– Nursing
Would require the Department to promulgate regulations governing ICF/DD–Nursing facilities by January 1, 2009.
Status: Senate Appropriations.
AB 2229 (Huffman): Dental Exams for LTC Residents
This bill would restore annual dental examinations for Medi–Cal residents in long term
care facilities.
Status: Assembly Appropriations.
AB 2614 (Houston): Liability for State Hospital Costs
Would eliminate the liability of relatives for the costs of the care of a patient in a state hospital for the mentally disordered if the person has become a patient pursuant to the provisions of the penal code.
Status: Assembly Appropriations.
AB 2370 (Bass): Residential Care Facilities for the Elderly
This bill would require licensees of Residential Care Facilities for the Elderly (RCFEs) to disclose prior year rate increases.
Status: Passed the Assembly, now moves to Senate.
AB 2100 (Wolk): Elder Abuse
This bill would require local ombudsmen to report instances of known or suspected criminal abuse of a resident to their local district attorney.
Status: Senate Public Safety Committee.
AB 2150 (Berg): Elder Financial Abuse
This bill would allow insurance agents to use various marketing designations on their business cards so long as the Insurance Commissioner approved them.
Status: Senate Committee on Business, Finance and Insurance.
SB 1136 (Alquist): Elder Financial Abuse
This bill adds a new subsection to the Consumers Legal Remedies Act by making it unlawful for any person to charge or receive an unreasonable fee to aid an applicant in the procurement of public social services and would require the court to award treble damages whenever it is proven by a preponderance of the evidence that an unreasonable fee was charged for those services.
SB 1224 (Machado): Elder Financial Abuse
This bill attempts to regulate the emerging life settlement and stranger originated life insurance (STOLI) market. The bill would effect transactions involving those with insurable interests and those brokering or soliciting life insurance policies.
Status: Passed the Assembly, now moves to Senate.
Oppose:
AB 1022 (Berg): Continuing Care Contracts at Home
Establishes a category of continuing care home programs in which services are provided to elderly persons in their own residences by continuing care retirement communities (CCRC), and exempts the residences from licensing provisions applicable to residential care facilities. Note: CCRCs are already under–regulated and severely lacking in accountability to their current residents. This is a terrible bill and would do nothing but provide yet more money to already over–paid corporate entities, with no safeguards for consumers.
Status: Senate Human Services Committee hearing 6/17/08
Note: The following bills would provide major exceptions for insurance companies to continue to prey on consumers:
AB 2464 (Duvall):
This bill would create a disclosure requirement on certain types of annuities but exclude others. The bill only covers annuities those annuities containing "non–guaranteed elements". The bill would also required that a generic buyer’s guide be made available to the purchaser of annuities that contain non–guaranteed elements.
Status: Senate Committee on Banking, Finance and Insurance hearing 6/18/08.
AB 2465 (Duvall):
This bill extends an exception insurance companies have from making the disclosures required under the Insurance Replacement Act to entities which claim "corporate affiliation."
Status: Senate Committee on Banking, Finance and Insurance hearing 6/18/08.
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