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2016 California Legislation


CANHR is sponsoring or co-sponsoring the following bills for the 2016 legislative session.

Review the fact sheets and find sample letters of support below for each bill.

Sponsored


SB 33 (Hernandez): Medi-Cal Recovery Reform
This bill would limit Medi-Cal recovery for those who are 55+ years of age to only what is required by federal law, and eliminate optional recovery for other services; eliminate recovery on surviving spouses’ estates; allow hardship exemptions for homesteads of modest value. SB 33 is co-sponsored by Western Center on Law and Poverty.
Status:
SB 33 is pending on the Assembly floor and will be discussed in the Senate Budget & Fiscal Review Subcommittee #3 on May 12.

Please tell the Governor your support SB 33! Send your letters to:

Governor Edmund Gerald Brown, Jr.
State Capitol, Suite 1173
Sacramento, CA 95814

Read the Bill
Read the Factsheet
Download a sample support letter


SB 924 (Roth): Insurance: Annuity Transactions
Under existing law insurance companies must comply with specific requirements regarding the purchase, exchange, or replacement of an annuity recommended to a senior consumer. The insurance company must have reasonable grounds to believe that the annuity transaction would be suitable for the senior based on certain information including: age, annual income, and whether the consumer has a reverse mortgage. This bill would add the requirement that an insurance company ascertain whether the purchase of an annuity is connected to an attempt to qualify for a government benefit. If a senior is trying to qualify for a government benefit, then the insurance company must determine whether or not it is a suitable transaction.
Status: Hearing on April 13 in Senate Committee on Insurance.
Read the Factsheet
Read the Bill

 

SB 938 (Jackson): Ensuring Appropriate Care for Conservatees with Dementia
This bill would help ensure appropriate care for people with dementia who are conserved. It requires greater detail from a conservatee’s treating health care provider to demonstrate that a proposed psychotropic drug prescription is appropriate and the least intrusive treatment alternative before a court can approve the use of psychotropic drugs for a conservatee with dementia. The bill also updates the definition of dementia to reflect the latest Diagnostic and Statistical Manual of Mental Disorders (DSM) classification of “major neurocognitive disorders.”
Status:
Passed the Senate Judiciary Committee unanimously and referred to Senate Appropriations.
Read the Factsheet and Sample Letter
Read the Bill


SB 1065 (Monning): Dismissal or denial of petitions to compel arbitration: appeals.
This bill will help elders who are sick and dying and have received a trial preference in an elder abuse case to get their day in court quickly, rather than being delayed by an appellate process that can take three years or more.
Status: Senate Judiciary
Read the bill
Read the factsheet


CANHR Support


AB 1655 (Dodd): Medi-Cal: personal needs allowance
This bill would increase the personal needs allowance for Medi-Cal beneficiaries in skilled nursing facilities from $35 to $80 per month, and would require the department to annually increase this amount based on the percentage increase in the California Consumer Price Index. Status: Referred to Assembly Committee on Health.
Status: Assembly Appropriations. 
Read the Bill
Download a Sample Letter

 

AB 2231 (Calderon): Care facilities: civil penalties 
This bill would improve the penalty system in Residential Care Facilities for the Elderly (RCFEs). In 2014, Governor Brown signed into law AB 2236, which increased civil penalties for RCFEs for incidents resulting in death or serious bodily injury of residents.  However, AB 2236 did not address penalties for the myriad of other injuries and violations that harm residents in RCFEs. This bill would increase the amount of civil penalties imposed for a licensing violation under those provisions, and would impose civil penalties for repeat violations.
Status: Hearing on April 12 in Assembly Human Services
Read the Bill

 

AB 2394 (Garcia): Medi-Cal: Nonmedical transportation
This bill would clarify that nonmedical transportation is a benefit for all beneficiaries under the Medi-Cal program. Currently, the benefit is only offered to children on Medi-Cal and to Cal MediConnect beneficiaries.
Status: Hearing on April 12 in Assembly Health
Read the Bill

 

SB 939 (Monning): CCRC Refunds
This bill would require the continuing care retirement facility to pay the full lump-sum payment that is conditioned upon resale of a unit to the resident within 14 days after resale of the unit and would require the CCRC, for contracts signed after January 1, 2016, to pay at least 20% of the full lump-sum payment to the resident within 120 days after a formerly occupied unit has been vacated. Among other provisions, the bill would require the facility to make the lump-sum payment to the resident’s estate if the resident is deceased.
Status: Hearing in April 12 in Senate Human Services
Read the Bill


Oppose


AB 1779 (Gatto): Nonprobate transfers: revocable transfer on death deed
Existing law creates the revocable transfer on death deed (revocable TOD deed), which can transfer real property on the death of its owner without a probate proceeding. AB 1779 would clarify that a beneficiary of a TOD may include an entity such as a trust. CANHR opposes the TOD, which is an instrument that will likely make many elders even more susceptible to undue influence and elder abuse. These deeds are subject to estate recovery, which means that the low-income elders who are likely to execute TODs in lieu of hiring an attorney, will also be more likely to be on Medi-Cal and thus subject their estates to recovery. CANHR opposes this bill unless amended to specifically exclude TODs from the beneficiary’s recoverable estate.
Status: Assembly Judiciary
Read the Bill

 

AB 2104 (Dababneh) : Public Financing of For-Profit Nursing Home Chains
This bill would make low-cost financing and loan guarantees available to for-profit nursing homes with at least 60 percent of their residents on Medi-Cal through the California Health Facilities Financing Authority Fund and the Health Facility Construction Loan Insurance Fund. These actions would betray the mission of these programs to help nonprofit and public health facilities reduce their cost of capital and would enable the expansion of for-profit nursing home chains that are providing poor quality of care to their residents.
Read the Bill
Download the sample letter

 

AB 2341 (Lackey): Health facilities: special services
This bill would allow skilled nursing facilities to deliver unregulated “special services” (dialysis, peritoneal, and infusion services) to outpatients. This bill would deregulate oversight of these services, allowing nursing homes to create “special services” of their own design and establish standards of care for their delivery.
Status: Hearing on April 13 in Assembly Appropriations
Read the bill

 

AB 2661 (Burke): Continuing Care Retirement Communities: refundable contracts
Elderly residents often expend a significant portion of their life savings in order to purchase care in a continuing care retirement community (CCRC). Existing law requires a CCRC offering a refundable contract to maintain a refund reserve in trust for residents of the community. This bill would eliminate certain refund reserve protections for residents of CCRCs in California.
Status: Hearing on April 26 in Assembly Human Service
Read the bill  


 

For details on specific bills, go to:  www.leginfo.ca.gov


 

 

Page Last Modified: May 4, 2016