CDCAN DISABILITY RIGHTS REPORT
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
REMEMBERING THE LIVES OF MICHAEL PATRICK O'RIORDAN (Passed Away 1 Year Ago Today)
: Advocacy Without Borders: One Community – Accountability With Action – California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California. Please consider joining the CDCAN mailing list for updates directly to your inbox.
To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: martyomoto
Note: my email was down for the past few days — apologize for delay in getting back to people and delay in getting reports out. Transferred everything to new computer — so things will be back to semi-normal now. Sort of. — Marty Omoto
SACRAMENTO, CALIF (CDCAN) [Updated 02/23/2011 – 04:24 PM (Pacific Time)] – Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District), chair of the Assembly Aging & Long-Term Care Committee in an announcement today at the State Capitol, focused attention on the introduction of a package of eight Assembly bills that would impact hundreds of thousands of seniors and persons with disabilities who are considered “dependent adults” in California and hundreds of thousands of persons who provide supports and services across the State.
“California will soon be home to the largest senior population in the country,” said Assemblymember Yamada. “There is no one in our state who will go unaffected, yet programs serving seniors and dependent adults are being reduced at the exact time that the need will be the greatest.”
Noting the ongoing focus of lawmakers and the Governor on California’s still unresolved enormous budget crisis, Yamada felt that moving forward on the important reforms in her package of 8 bills that have been “discussed for decades should become integral to our budget solution.”
“Streamlining and realigning services to the growing senior and dependent adult populations is in our state’s self-interest,” Yamada said this afternoon.
Earlier this week on February 22nd, the Assembly Aging and Long Term Care Committee that she chairs and the Assembly Public Safety Committee chaired by Assemblymember Tom Ammiano (Democrat – San Francisco) held a nearly two and half hour informational hearing titled “From Financial Scams to Surveillance Cams: A Spotlight on Elder and Adult Abuse”
The two committees heard from several panels of advocates, state and local government officials on elder and dependent adult abuse, reporting, monitoring and oversight issues and problems.
The issue of elder and dependent adult abuse – and the oversight needed - is linked to several budget related issues, including proposed realignment (shifting) of adult protective services – and budget reductions in other areas that impact seniors and people with disabilities living at home and living in health facilities and other out of home placement settings. [See separate CDCAN Report on this hearing later this week]
Yamada also attended nearly every one of the Assembly Budget Subcommittee #1 on Health and Human Services budget hearings dealing with critical services for seniors and persons with disabilities and low income families that began January 25th through February 3rd, even though she is not a member of that panel.
One of the bills in the package of bills introduced by Yamada that is sure to draw attention and maybe some controversy is AB 594, which would establish the “Community Care Modernization Act of 2011” by consolidating various senior care programs under a newly formed Department of Adult and Aging Services within the California Health and Human Services Agency.
Yamada feels that currently different state agency requirements cause problems for seniors and persons with disabilities and their families who must often endure repetitive application processes seeking the same sensitive, personal information.
She believes that her bill which would realign California’s senior and long-term care support services under one agency, with proper oversight, will reduce unnecessary barriers to care, eliminate duplicative administrative activities and result in overall savings to the State.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THE BILL WOULD DO: Would require dual elder abuse reporting to the ombudsperson and local law enforcement
CDCAN SUMMARY: The existing state law, the “Elder Abuse and Dependent Adult Civil Protection Act” established various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. That state law requires certain persons, called “mandated reporters”, to report known or suspected instances of elder or dependent adult abuse. The state law requires a mandated reporter to report the abuse to the local ombudsperson or the local law enforcement agency if the abuse occurs in a long-term care facility, such as a nursing facility. Failure of a mandated reporter to report physical abuse and financial abuse of an elder or dependent adult under the act is a misdemeanor.
This bill requires instead that the mandated reported report the abuse to BOTH the local ombudsperson and the local law enforcement agency. This bill would also make various technical, (minor) nonsubstantive changes.
LATEST ACTION 01/24/2011: Referred to Assembly Aging and Long Term Care Committee and to Assembly Public Safety Committee for hearings.
CDCAN COMMENT: The issue of elder and dependent adult abuse was the subject of a nearly two and half hour informational joint hearing by the Assembly Aging and Long Term Care Committee and Assembly Public Safety Committee on February 22nd.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THE BILL WOULD DO: Would allow pass-through of federal funds to the to the California Department of Aging and the Department of Rehabilitation during a budget impasse
CDCAN SUMMARY: Would continuously appropriate from the Federal Trust Fund, in the absence of enactment of the annual Budget Act by July 1 of a fiscal year, (1) to the California Department of Aging, the amount of federal funds contained in the Federal Trust Fund necessary to pay area agencies on aging for the administration of programs under their jurisdiction, and (2) to the Department of Rehabilitation, the amount of federal funds contained in the Federal Trust Fund necessary to pay independent living centers for the administration of programs under their jurisdiction, pending enactment of the Budget Act. This bill would declare that it is to take effect immediately as an urgency statute.
LATEST ACTION 02/15/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
CDCAN COMMENT: This bill will require 2/3rds vote in both houses to pass.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THIS BILL WOULD DO: Would consolidate various senior care programs under a newly formed Department of Adult and Aging Services within the California Health and Human Services Agency.
CDCAN SUMMARY: This bill would enact the Community Care Modernization Act of 2011 and would establish the California Department of Adult and Aging Services in the California Health and Human Services Agency.
The new department’s purpose would be to help individuals remain in their own homes, or the least restrictive homelike environments for as long as possible, by integrating services under a single agency, to establish stronger, more focused leadership for home- and community-based services for all older adults and persons with disabilities.
Would require the agency, in consultation with specified state entities, to develop a plan to transition home- and community-based programs for older adults and people with disabilities to the department, and to submit the transition plan to the appropriate policy and fiscal committees of the Legislature by January 1, 2013. The bill would require the state level administration of the program and program staff for each originating department to be transferred to the California Department of Aging and Adult Services by specified dates.
LATEST ACTION 02/16/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
CDCAN COMMENT: Former Assemblymember Patty Berg and other legislators introduced similar bills in the past to consolidate certain services and programs into one department or agency. The issue can be controversial with advocates who may be concerned about a program or service losing effectiveness or being less responsive or being vulnerable for reductions in eligibility or scope of services.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THIS BILL WOULD DO: Would transfer oversight responsibilities of continuing care retirement community contracts from the Department of Social Services to the Department of Insurance
CDCAN SUMMARY: Under existing state law, the Department of Social Services is responsible for regulating activities relating to continuing care contracts that govern care provided to an elderly (senior) resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year.
This bill would transfer certain specific duties, powers, purposes, functions, responsibilities, and jurisdiction regarding these contracts from the Department of Social Services to the Department of Insurance.
LATEST ACTION 02/17/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THIS BILL WOULD DO: Would lift the moratorium on certifying Adult Day Healthcare Centers for two facilities co-located with veterans’ facilities in the cities of Lancaster and Ventura, CA
CDCAN SUMMARY: Existing state law authorizes the Department of Health Care Services to implement a moratorium on the certification and enrollment into the Medi-Cal program of new adult day health care centers on a statewide basis or within a geographic area, subject to certain limitations.
Existing state law provides that the moratorium shall not apply to certain applicants.
This bill would add 2 specified veterans’ homes of California to the list of applicants that are not subject to the moratorium, and also would make technical, minor changes to these provisions.
Would provide that this bill would be implemented only to the extent that funds for its purposes are appropriated in the annual State Budget Act.
LATEST ACTION 02/17/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THIS BILL WOULD DO: Expand the scope of the Paid Family Leave Act to include time off to care for a seriously ill grandparent, among others.
CDCAN SUMMARY: Under existing state law family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. Under existing state law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, a special fund in the State Treasury, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering these provisions.
These benefits are payable for family temporary disability leaves that begin on and after July 1, 2004.
This bill would expand the scope of the family temporary disability program to include time off to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined. The bill would make necessary and clarifying changes in provisions relating to family temporary disability compensation.
This bill, by authorizing expenditure of money in the Unemployment Compensation Disability Fund for a new purpose, would make an appropriation.
LATEST ACTION 02/17/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THIS BILL WOULD DO: Establishes regulations for private home care agencies.
CDCAN SUMMARY: Would declare the intent of the Legislature regarding the licensing and regulation of home care organizations.
LATEST ACTION 02/17/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
CDCAN COMMENT: Previous bills have been attempted regarding this subject. The bill in its current form is considered a “spot” bill, with more details to be amended into it later.
AUTHOR: Assemblymember Mariko Yamada (Democrat – Davis, 8th Assembly District)
WHAT THIS BILL WOULD DO: Would place controls on long-term care insurance rate increases
CDCAN SUMMARY: Existing state law provides for regulation of insurers, including insurers issuing policies of long-term care insurance, by the Insurance Commissioner. Existing law, for policies issued before new rate schedules are approved and for which rate revisions are filed on and after January 1, 2010, deems benefits reasonable in relation to premiums if the premium rate schedules have a lifetime expected loss ratio of at least 60% of the premium scale in effect on December 31, 2009, plus 70% of premium increases filed on or after January 1, 2010. Existing law, notwithstanding these provisions, authorizes the commissioner, for rate increases filed on or after January 1, 2010, to approve an application for a rate revision based on less than a 70% loss ratio, but not less than a 60% loss ratio, for the portion attributable to the rate increase if the insurer can demonstrate that the rates are necessary to protect the financial condition of the insurer, including further reductions in capital and surplus.
This bill would make a minor change to these provisions.
LATEST ACTION 02/18/2011: Introduced in the Assembly.
NEXT STEPS: Needs to be referred to an Assembly policy committee.
CDCAN COMMENT: The bill in its current form is considered a “spot” bill, with more details to be amended into it later.
HELP!!! VERY URGENT!!!!!
PLEASE HELP CDCAN CONTINUE ITS WORK!!!
FEBRUARY 7, 2012 – YOUR HELP IS NEEDED NOW
CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports sent out and read by over 55,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.
Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network"):
CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Many, many thanks to all the organizations and individuals for their continued support that make these reports and other CDCAN efforts possible. [Note: As of June 26th due to major problem with my computer and email, I have to use this old format of the CDCAN Reports that unfortunately does not have the list of people and organizations who have generously contributed and supported CDCAN in the past year and in recent weeks and months. I should have computer problem repaired sometime this week hopefully - Marty Omoto]
Paypal on the CDCAN site is not yet working – will be soon.
MANY, MANY THANKS FOR CONTINUED SUPPORT THAT MAKE THESE REPORTS, ALERTS, TOWNHALLS POSSIBLE TO: WESTSIDE REGIONAL CENTER, LANTERMAN REGIONAL CENTER, CALIFORNIA ASSOCIATION OF ADULT DAY HEALTH CENTERS, VENTURA COUNTY AUTISM SOCIETY, RESPITE, INC., LOS ANGELES RESIDENTIAL COMMUNITY SERVING DEVELOPMENTALLY DISABLED ADULTS LARC RANCH, FEAT OF SACRAMENTO, EASTER SEALS OF SOUTHERN CALIFORNIA, EMMANUEL AND FAMILY, PEOPLE FIRST OF SAN LUIS OBISPO, BOB BENSON, the Pacific Homecare Services, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), Sacramento Gray Panthers, Bill Wong, Tri-Counties Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, Strategies To Empower People (STEP), Harbor Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California.
As of January 13, 2012 - some friends donated a new laptop computer which will soon be up and running. Thanks so much - using a lap top with several keys missing or not working makes typing reports very difficult! Many thanks to Anna and Albert Wang.
CDCAN Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.
