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2015 California Legislation


CANHR is sponsoring or co-sponsoring the following bills for the 2015 legislative session. We are also seeking changes to the Governor's proposed budget that would tie increased Medi-Cal payments to nursing homes to increased staffing requirements.

Support our advocacy -- write a letter to your legislator today! Click on the fact sheets below to find sample letters of support.

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 and require the Department to provide claims detail information free of charge to current or former Medi-Cal beneficiaries and to post how to obtain this information on their website. SB 33 is co-sponsored with Western Center on Law and Poverty. Status: Passed the Senate and will be heard in the Assembly Health Committee on July 7, 2015.

Please send letters of support to:

Assembly Member Rob Bonta, Chair
Assembly Health Committee
State Capitol, Room 6005
Sacramento, CA 95814
Fax: 916-319-2197

and to the Governor
Governor Jerry Brown
State Capitol
Sacramento, CA 95814
FAX: (916) 558-3160

Read the Factsheet
Read the Bill
Download Sample Letter

AB 348 (Brown): Timely Investigation of Nursing Home Complaints
This bill would establish a timeline of 45 days for DPH, Licensing & Certification to complete complaint investigations. Status: Passed Assembly. Passed the Assembly and will go to the Senate Health Committee.  
Read the Factsheet
Read the Bill

AB 601 (Eggman): Suitability of Ownership/Ownership Disclosure for RCFEs
AB 601 would establish specific suitability of ownership criteria and require applicants for a residential care facility for the elderly license to disclose complete ownership information, including disclosure of any person(s) who holds a 10% or more beneficial interest in the facility and all related entities. Status: StatusPassed the Assembly and will be heard by the Senate Human Services Committee on June 23rd. Letters of support should be sent to The Honorable Mike McGuire, Senate Committee on Human Services, 1020 N. St., Rm. 521, Sacramento, CA 95814 or via FAX at (916) 266-9350.
Read the Factsheet

Read the Bill
Download a sample letter

 

AB 927 (McCarty): The Nursing Home Ownership Disclosure Act
This bill responds to the November 2014 Sacramento Bee three-part series on nursing home ownership in California that examined the dominant role of nursing home chains in California, the troubled history and poor performance of some of these chains, and the Department of Public Health’s failure to protect the public from operators who put profit before care. AB 927 would revise California laws governing acquisition of nursing homes, strengthen suitability requirements for operators, and improve public disclosure on nursing home ownership. Status: AB 927 is now a two-year bill and will not be heard until early 2016. The San Diego County District Attorney’s Office is co-sponsoring AB 927.
Read the Factsheet
Read the Bill


Support

SB 475 (Monning): Return of CCRC Resale Payments
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 90 days after a formerly occupied unit has been vacated. The bill would also require any payment balance not paid to the resident within 90 days to accrue interest at a rate not lower than 2% plus the United States prime lending rate until the full lump-sum payment is made. The bill would require any payment balance not paid to the resident within 180 days to accrue interest at a rate not lower than 5% plus the United States prime lending rate until the full lump-sum payment is made. The bill would require the facility to make the lump-sum payment to the resident’s estate if the resident is deceased. Status: Passed the Senate and is now in the Assembly Human Services Committee.
Read the Bill


AB 1085 (Gatto): Visitation and Personal Contact Rights

Declares that every adult in this state has the right to visit with, and receive mail and telephone or electronic communication from whomever he or she so chooses, unless a court has specifically ordered otherwise. Status: Passed the Assembly and will be heard in the Senate Judiciary Committee on June 16th.
Read the Bill


AB 1235 (Gipson): Long Term Care Medi-Cal - Home Upkeep Allowance
This bill would increase the current home upkeep allowance for those who intend to leave the long term care facility within six months to return to an existing home and extends it for those who wish to leave a facility and establish a home. The current home upkeep allowance is $208.33, which can be deducted from the share of cost to “maintain” a current home. This bill expands the upkeep to the actual minimum cost of maintaining the home, such as mortgage or rent, property taxes, and required insurance: sets a limit of $7,500 on the total allowance; and establishes other eligibility criteria. In the end, this bill will actually enable residents to return home! Status: Passed Assembly. In Senate Committee on Rules for assignment.
Read the Bill


AB 1319 (Dababneh): Medi-Cal Share of Cost
Increases the “any income deduction” from $20 to $50 for Medi-Cal beneficiaries in assisted living facilities. Dependent on federal approval. Status: Passed Assembly. In Senate Committee on Rules for assignment.
Read the Bill


AB 1387 (Chu): RCFE Fines and Penalties Appeals System

Provides a system of appeal for those who file complaints against RCFEs and would also amend the RCFE citation appeals system, which currently offers four (4) levels of appeals for RCFE violations, essentially guaranteeing that fines, even if they are assessed, will never be collected. Status: Passed the Assembly and is in the Senate Committee on Human Services.
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AB 1518 (Committee on Aging & Long Term Care): Expansion of NF/AH Waivers
Expands the Nursing Facility/Acute Hospital (NF/AH) waiver program by 5,000 slots, and stabilizes service for younger, disabled Californians participating in the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program. Status: Passed Assembly. In Senate Committee on Rules for assignment.
Read the Bill

 

Budget Issues of Concern in 2015

AB 1629 Extension via Budget Trailer Language
The Governor proposes to extend the Medi-Cal rate system for skilled nursing facilities – known as AB 1629 – through FY 2019-20 with compounded increases of 3.62 percent each year. Under the proposed five year extension, California’s annual Medi-Cal payments to skilled nursing facilities would grow to more than $5 billion by FY 2019-20, a near doubling of the Medi-Cal rates paid to skilled nursing facilities in 2004 when the AB 1629 rate system was first enacted. In contrast, the minimum staffing levels for skilled nursing facilities have not been adjusted since 2000 and remain at 3.2 nursing hours per resident per day, a standard that was considered inadequate when it was enacted more than 15 years ago. Today, this standard is dangerously deficient. CANHR opposes extending the AB 1629 rate system unless it is accompanied by annual increases to California’s minimum staffing requirements that raise the minimum staffing requirement to at least 4.1 nursing hours per resident per day by FY 2019-20. A copy of CANHR’s recommendations is available upon request.
Status: This budget proposal has been heard by Senate and Assembly Budget Subcommittees and is awaiting action.

Letters of concern should be sent to Senator Holly Mitchell, Chair, Senate Budget Subcommittee #3 on Health and Human Services, State Capitol, Room 5019, Sacramento, CA 95814 or via FAX: (916) 668-7004 
and to Assembly Member Tony Thurmond, Chair, Assembly Budget Subcommittee #1 on Health and Human Services, State Capitol, Room 6026, Sacramento, CA 95814 or via FAX: 916-319-2199.
Read the Factsheet
Download a sample letter

 

Opposed


AB 139 (Gatto): Transfer Upon Death Deeds
This bill would, until January 1, 2021, create the revocable transfer on death deed (revocable TOD deed), as defined, which would transfer real property on the death of its owner without a probate proceeding. The bill would also provide that the deed, during the owner’s life, does not affect his or her ownership rights and, specifically, is part of the owner’s estate for the purpose of Medi-Cal eligibility and recovery. CANHR’s concern is that even more low-income beneficiaries will be subject to Medi-Cal recovery. Status: Passed the Assembly and is now in Senate Judiciary.
Read the Bill


SB 19 (Wolk): Statewide POLST Registry
This bill would require the California Health and Human Services Agency (CHHS) to operate a statewide registry system for the purpose of collecting (Physician’s Orders for Life Sustaining Treatment) POLST forms from health care providers and disseminating that information to authorized users. In addition to the fact that AHCDs are generally superior to POLSTs for advance care planning, under SB 19 (Advanced Health Care Directives) AHCDs will continue to languish in a registry system that is ancient, unused, and virtually worthless. If the state is going to create a state of the art registry for POLST, it ought to include AHCDs. Status: Passed Senate and ordered to the Assembly.
Read the Bill

 

SB 269 (Vidak): Conservatorship Fees
Expands fees payable by conservatees to include time and reimbursement of conservatorship petitioners who seek appointment of a third party as conservator. Creates incentives for people to petition for conservatorships in which they will not be a part of and increases costs to conservatees. Status: Passed Senate and will be heard in the Assembly Judiciary Committee on June 16th.
Read the Bill



 

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


 

Page Last Modified: June 22, 2015