Bill Text: CA AB392 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 392 (Prior Session Legislation)

Bill Title: Long-term health care facilities.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 102, Statutes of 2009. [AB392 Detail]

Download: California-2009-AB392-Chaptered.html

BILL NUMBER: AB 392	CHAPTERED
	BILL TEXT

	CHAPTER  102
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JULY 16, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  MAY 11, 2009
	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Members Feuer and Jones
   (Principal coauthors: Assembly Members Bonnie Lowenthal, Nielsen,
and Skinner)
   (Principal coauthor: Senator Alquist)
   (Coauthors: Assembly Members Brownley, Huffman, Lieu, Monning, and
Ruskin)

                        FEBRUARY 23, 2009

   An act relating to long-term health care facilities, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 392, Feuer. Long-term health care facilities.
   Existing law provides for the licensure of long-term health care
facilities by the State Department of Public Health. Under existing
law, the Long-Term Care, Health, Safety, and Security Act of 1973,
the department may assess penalties for violation of prescribed state
and federal requirements. Moneys collected as a result of the
penalties imposed pursuant to these provisions are required to be
deposited into either the State Health Facilities Citation Penalties
Account or the Federal Health Facilities Citation Penalties Account,
and used, upon appropriation by the Legislature, for the protection
of health or property of residents of long-term health care
facilities, including reimbursing residents for personal funds lost
and costs associated with informational meetings.
   Existing law establishes the Office of the State Long-Term Care
Ombudsman in the California Department of Aging. Under existing law,
the office is responsible for, among other things, investigating and
resolving complaints and concerns communicated by or on behalf of
patients, residents, or clients of long-term care facilities, as
defined. Existing law authorizes the California Department of Aging
to allocate all federal and state funds for local ombudsman programs
according to a specified distribution schedule.
   This bill would appropriate $1.6 million from the Federal Health
Facilities Citation Penalties Account to the California Department of
Aging for use in funding local ombudsman programs pursuant to the
aforementioned distribution schedule, before the end of the 2009-10
fiscal year.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The sum of one million six hundred thousand dollars
($1,600,000) is hereby appropriated from the Federal Health
Facilities Citation Penalties Account to the California Department of
Aging for use in funding local ombudsman programs pursuant to the
distribution schedule in Section 9719.5 of the Welfare and
Institutions Code. These funds may be used for this purpose through
the end of the 2009-10 fiscal year, at which time remaining funds
shall revert to the originating account.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the safety of older Californians by funding
vital services for the inspection of long-term care facilities, it is
necessary that this bill take effect immediately.