AB 2014 [CDR OPPOSE] Berg Consolidation of Disability in Aging Departments

AB 2014, as amended, Berg Programs for the seniors and
independent adults.
Existing law provides various services to persons with
disabilities and seniors, which are overseen by the State Department
of Social Services, including the In-Home Supportive Services
Program, the Elder Abuse and Dependent Adult Civil Protection Act,
and the development of guidelines in the implementation of local
adult protective services programs, to assist them in living in the
community instead of being placed in a facility. Existing law also
vests in the Department of Rehabilitation the responsibility and
authority for the encouragement of the planning, development, and
funding of independent living centers. Existing law also establishes
various programs under the jurisdiction of the California Department
of Aging, including, but not limited to, the California Adult Day
Health Care program.
This bill would rename the California Department of Aging the
California Department of Adult and Aging Services and would transfer
responsibility for the above-described programs to the California
Department of Adult and Aging Services.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

CDR OPPOSES the consolidation of hard won disability services into the department of Aging.

SB 1724 Runner University Contracts [CDR OPPOSES]

SB 1724, as amended, Runner California State University.

The bill would, notwithstanding a provision of existing law that
requires the Department of General Services to approve, with respect
to access compliance, plans and specifications for state buildings
that are intended for use by the public and constructed with state
funds, authorize the trustees to perform this function for California
State University buildings and facilities that are intended for use
by the public and constructed with state funds.

CDR OPPOSES the self certification of ACCESS by the Universities.
NOTE: It appears that this paragraph has been amended out - and may now pose no problems for CDR. We will maintain a WATCH

SB 1248 Alquist [CDR SUPPORTS] Patient's Rights

SB 1248, as amended, Alquist Long-term health care facilities:
resident rights.
Existing law provides for the licensure and regulation by the
State Department of Health Services of skilled nursing and
intermediate care facilities. Existing law requires that written
policies regarding the rights of patients in those
facilities be established and made available by such a
facility to the patient, to any guardian, next of kin,
sponsoring agency, or representative payee, and to the public.
Existing law requires those policies and procedures to ensure that
each patient admitted to the facility has certain rights and is
notified of certain facility obligations, in addition to those
specified by regulation.

SB 1451 Kehoe [SUPPORT] Disability Advisory to Emergency Preparedness

SB 1451, as amended, Kehoe Emergency preparedness, planning, and
information.
Existing law provides for emergency services, as specified.
This bill would provide that the State Fire Marshal shall convene
a permanent advisory committee, composed of representatives from
specified groups, to make recommendations to the State Fire Marshal,
the Legislature, and appropriate state and local agencies regarding
preparedness, planning, procedures, and the provision of accessible
information relating to the emergency evacuation of designated groups
from public and private facilities and private residences during emergency
or disaster situations. The bill would require the State Fire
Marshal to develop and host training workshops, to prepare and
disseminate brochures and other relevant materials, and to seek
research funding to develop new technologies and information systems
relating to the evacuation of the designated groups from public and
private facilities and private residences during emergency
and disaster situations. The bill would set forth legislative
findings and declarations regarding the need for the bill and would
state that it is the intent of the Legislature that the annual Budget
Act shall appropriate federal Homeland Security funds to the State
Fire Marshal in order to implement the act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

AB 2536 Montanez [OPPOSE] Eliminate IWC Exemption to O/T Homecare

AB 2536 (Montanez), would eliminate the personal attendant exemption of overtime for third party employers and individuals who provide personal care services to supervise, feed and dress a person who by reason of advanced age, physical disability, or mental disability needs supervision. The end result is reduced shifts for clients and wages for workers, with more split shifts with different caregivers. Our providers pay between $9-11/hour and their employees provide companion care to seniors and disabled. This bill will result in decreased wages and hours to comply with the 8 hour/40 hour work week that just isn't feasible in a home care setting. The exemption was set up by the IWC in 1986 for a reason -to ensure that care was payrolled and above ground and that is the way we want it to remain.

Not to mention the impact on MSSP programs and regional centers who contract with vendors to provide the services. They will get less respite and personal care services from the agencies they contract and will likely reduce the hours that can be made available to the seniors or disabled child/adult and/or will deplete the budget much quicker.

This bill stands to impact our members and the seniors and disabled who receive these services, who will no longer be able to afford care under this bill. The sponsors of the bill have no data to demonstrate the impact on the provider and client community. Their stories all stem from individuals who are paid below minimum wage by individuals in the community. But, not from organized businesses who follow Wage Orders and comply with taxes, workers compensation, etc.

I would ask that you:
1) Put this on your list and examine it with an eye on how client's would be able to afford services if this is passed;
2) Oppose this bill and write a letter of opposition asking for third party employers to be excluded from this bill.

If you have any questions, call me at (916) 569-2469. Please let me know if you can oppose and contact the author's office on this bill.
On the outset, it sounds good, but the long-term impact is not the intended consequence.
Thank you,
Barbara

Barbara Biglieri
Director of Policy
California Association for Health Services at Home
3780 Rosin Court, Suite 190
Sacramento, CA 95834
(916) 641-5795 ext. 123
(916) 641-5881

AB 3019 Daucher [SUPPORT]Assesment Tool -Community Options

Having the right assessment tool has been talked about in these many years of Olmstead Planning - I move we support AB 3019,
Laura

BILL NUMBER: AB 3019 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Daucher

FEBRUARY 24, 2006

An act to add Section 14495.15 to the Welfare and Institutions
Code, relating to Medi-Cal, and declaring the urgency thereof, to
take effect immediately.



LEGISLATIVE COUNSEL'S DIGEST


AB 3019, as introduced, Daucher Medi-Cal: Community options and
assessment protocol.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Services, pursuant to which medical
benefits are provided to public assistance recipients and certain
other low-income persons. The Medi-Cal program is, in part, governed
and funded by federal Medicaid provisions.
This bill would authorize the department to develop and test the
Community Options and Assessment Protocol to minimize duplication and
redundancy of multiple assessments for home- and community-based
services and connect consumers under the Medi-Cal program.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

AB 2634 Lieber [SUPPORT] Extremely Low Income Hsg Requirements

AB 2634 would address California's affordable housing crisis for its most vulnerable residents, by amending state law to ensure that local communities develop housing plans that adequately address the housing needs of extremely low income (ELI) households including persons with disabilities, entry level workers, and seniors.

SB 1114 [SUPPORT] Boards Serving Blind be 20% B/VI

SB 1114 by the Senate Human Services Committee requires 20% of all boards of directors of agencies who serve the blind to be comprised of blind or visually impaired board members. This is for agencies that receive rehab funds.

SB 1116 Scott [CDR SUPPORTS] Conservatee Residence Rights

SB 1116, as amended, Scott Conservatorships.
(1) Existing law generally authorizes a guardian or conservator to
fix the residence of a conservatee or ward within the state without
permission of the court, by selecting the least restrictive
appropriate setting, as specified, that is in the best interests of
the conservatee. Existing law requires the guardian or conservator to
promptly give notice of all changes in the residence of a
conservatee or ward.
This bill would revise and recast this provision to permit a
guardian or conservator to select the least restrictive appropriate
residence of a conservatee or ward. This bill would require a
presumption that the least restrictive appropriate residence for the
conservatee is the personal residence of that conservatee ,
except if proven otherwise by clear and convincing evidence .
This bill would require a conservator to evaluate the level of care
and measures necessary to keep the conservatee in his or her personal
residence or explain the limitations or restrictions regarding a
return to the conservatee to his or her personal residence. The
bill would req uire this determination to be made in
writing under penalty of perjury. Because this bill would change the
definition of the crime of perjury, this bill would impose a state-
mandated local program. This bill would require the
guardian or conservator to file notice of the change of address for a
ward or conservatee in 30 days. This bill would permit the court to
waive notice of the change of address in order to prevent harm to the
conservatee or ward.

AB 1363 Jones [CDR Supports] Conservatorship

AB 1363, as amended, Jones Omnibus Conservatorship and
Guardianship Reform Act of 2006.
Existing law governs the establishment of conservatorships and
guardianships. Existing law requires conservators and guardians to
present a biennial accounting of the assets of the conservatee or
ward and requires a biennial review of each conservatorship. Existing
law requires the Department of Justice to maintain a statewide
registry of conservators, guardians, and trustees. A court may not
appoint a person as a conservator, guardian, or trustee unless that
person is registered if he or she is required to do so.

AB 1948 Montanez [CDR SUPPORTS] Pre-enrollment

AB 1948, as amended, Montanez Medi-Cal program: Healthy Families
Program: Child Health and Disability Prevention (CHDP) program.
This bill would require the department, by July 1, 2008, to modify
the electronic preenrollment application process to include a
process to be used, at the option and with the written consent of the
person applying on the child's behalf, to simultaneously preenroll
and apply for enrollment into the Healthy Families Program or
Medi-Cal program. It would require this process to include an
application to provide for continuing preliminary benefits until a
final eligibility determination is made.
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Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services and under
which qualified low-income persons receive health care benefits.
Existing law establishes the Healthy Families Program,
administered by the Managed Risk Medical Insurance Board, to arrange
for the provision of health services to an eligible person.
Existing law establishes the Child Health and Disability
Prevention (CHDP) program, administered by the department, to provide
early and periodic assessments of the health status of children.
Under existing law, benefits under the Medi-Cal program provided
to an individual pursuant to a preliminary determination end, without
the necessity for any further review or determination by the
department, on or before the last day of the month following the
month in which the preliminary determination was made, unless an
application for medical assistance is filed on or before that date.
If an application for medical assistance is filed before this
deadline, preliminary benefits continue until the regular eligibility
determination based on the application has been completed.
Existing law requires the department to develop an electronic
application to serve as the application for preenrollment into the
Medi-Cal program or the Healthy Families Program and to also serve as
an application for the CHDP program.