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2013 California Legislative Update

CANHR Sponsored Bills

AB 140 (Dickinson): Undue Influence
This bill defines 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. Status:  signed by the Governor.

SB 272 (Corbett): Advertising: military endorsements 
This bill prohibits 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. Statussigned by the Governor.

CANHR Support

AB 261 (Chesbro):  RCFE Fees Payable on Death of Resident
This bill prohibits a residential care facility for the elderly from requiring advance notice for terminating an admission agreement upon the death of a resident, and prohibits the facility from assessing any fees once all personal property of the deceased is removed from the facility. Statussigned by the Governor.

AB 267 (Chau):  Lawyer Referral Service Attorney/Client Privilege
This bill provides that a person who consults a lawyer referral service, as defined, for the purpose of retaining a lawyer or securing legal advice has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and the lawyer referral service if the privilege is claimed by a specified person or entity. Statussigned by the Governor.

AB 381 (Chau): Estates and Trusts: Undue Influence
Allows the courts to award attorney fees to elders and dependent adults who are victimized by someone using a power of attorney in bad faith to commit elder financial abuse. Although current law awards damages to victims of misappropriation, theft or the bad faith misuse of a power of attorney. many victims cannot afford legal action to try to recoup what’s been stolen from them. The ability to recoup attorney’s fees and costs if they are successful makes legal recourse possible. Status:  signed by the Governor.

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. Status: signed by the Governor.

AB 663 (Gomez): Residential Care Facilities: Administrators: LGBT Cultural Competency
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. Status:  signed by the Governor.

AB 849  (Garcia): Elder and Dependent Adult Abuse – Confidentiality of Addresses
This bill ensures the confidentiality of the addresses of elder or dependent adult abuse victims by allowing application to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of a victim of elder or dependent adult abuse. The “Safe At Home” confidentiality program (“SAH allows the Secretary of State to designate special addresses to serve as victims’ addresses. This in turn enables state and local agencies to respond to request of public records without disclosing the actual names or locations of participants in the program.  Status:  signed by the Governor.

AB 937 (Wieckowski): Conservatee Rights 
This bill provides that the conservator’s control of the conservatee shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by a court orderStatussigned by the Governor. 

AB 1217 (Lowenthal): Home Care Services Consumer Protection Act of 2013
This bill would enact the Home Care Services Consumer Protection Act of 2013, which would provide, on and after January 1, 2015, for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. Status:  signed by the Governor.

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. Status: signed by the Governor.

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