CANHR supported, opposed and/or closely followed the following pieces of legislation for the 2017 legislative session.

Review the fact sheets and find sample letters of support below for each bill.

CANHR Support


AB 275 (Wood): Strengthening Closure Protections for Nursing Home Residents

AB 275 would take modest steps to enhance protections for nursing home residents during a facility closure. The bill responds to a 2016 crisis in Eureka when Shlomo Rechnitz – who owns all five freestanding facilities in Eureka – threatened to close three of them in an effort to obtain higher Medi-Cal payments. 
Status: Signed by the Governor. 
Read the Bill

AB 286 (Gipson): To Allow Medi-Cal Beneficiaries to Return Home

Under current law, Medi-Cal beneficiaries in nursing homes may retain a “home upkeep allowance” of $209 per month if a doctor certifies they are likely to return home within 6 months. The rest of their income is applied to Share of Cost, causing many to lose their housing and remain institutionalized at the expense of Medi-Cal. AB 286 would base the allowance on the actual cost of maintaining the home. 
Status:
 DEAD.
Read the Bill

AB 550 (Reyes): Restore Funding to the Long Term Care Ombudsman Programs

In 2008, the 35 local Long Term Care Ombudsman programs had all state funding cut, leading to enormous reductions in staff and services for residents of long term care facilities. AB 550 partially remedies this problem, by boosting the base funding allocation and adding $2.25M in total funding. 
Status: DEAD.
Read the Bill


AB 859 (Eggman): Protecting Seniors Abused by Nursing Homes

This bill will protect seniors and dependent adults abused in nursing homes and discourage facilities from intentionally destroying evidence in violation of the law. AB 859 provides that when a judge or arbitrator finds the nursing home has illegally destroyed evidence, the standard of proof is reduced from clear and convincing to preponderance of the evidence.
Status: Vetoed by the Governor. 
Read the Bill

AB 940 (Weber): Transfer and Discharge Notices to Long-Term Care Ombudsman

This bill codifies a federal regulation that requires nursing homes to send copies of resident transfer or discharge notices to the local long-term care Ombudsman. 
Status:
 Signed by the Governor. 
Read the Bill

SB 202 (Dodd): Medi-Cal Personal Needs Allowance

This bill would increase the personal needs allowance for residents of long term care facilities on Medi-Cal from $35 per month to $80 per month. 
Status: DEAD. 
Read the Bill

SB 218 (Dodd): The Qualified ABLE Program

This bill will prohibit the state from filing a claim against a beneficiary’s CalABLE account for recovery of medical assistance paid under Medi-Cal. 
Status: Signed by the Governor.
Read the Bill

SB 219 (Weiner): LGBT Senior Bill of Rights

SB 219 prohibits long term care facilities from taking discriminatory actions based on a resident’s actual or perceived sexual orientation, gender identity, gender expression, or HIV status. 
Status: Signed by the Governor.
Read the Bill

SB 416 (Anderson): Elder Abuse: Isolation

This bill would make it a crime for a caretaker of an elder or dependent adult to willfully isolate that adult. 
Status: 
DEAD.
Read the Bill

CANHR Oppose


AB 150 (Mathis): Disabled Persons: Rights: Liability

This bill would prevent a person from filing a complaint under the Disabled Persons Act (DPA) against businesses with fewer than 50 full-time employees, unless the person notifies the business and waits six months to see if the violations continue. If passed, AB 150 would create special barriers to enforcement of civil rights for residents with disabilities living in non-ADA compliant facilities. 
Status: 
DEAD.
Read the Bill

AB 1026 (Dababneh): Public Financing of For-Profit Nursing Homes Chains

This bill would make low-cost financing and loan guarantees available to for-profit nursing homes through the California Health Facilities Financing Authority Fund and the Health Facility Construction Loan Insurance Fund. These actions would betray the mission of these programs to help nonprofit and public health facilities reduce their cost of capital and enable the expansion of for-profit nursing home chains that are providing poor care to their residents.
Status: DEAD.
Read the Bill

DHCS Trailer Bill Legislation: 610: Fifty Percent Rule and Personal Injury Lien Recovery 

The Department of Health Care Services’ trailer bill proposal to amend the laws regarding recovery from personal injury cases should be rejected and the issue should be moved to the policy arena where it belongs. The Department’s proposal to eliminate the 50% recovery rule for personal injury liens should be rejected entirely. This proposal is inequitable to victims of abuse and neglect and will ensure that, rather than increase recoveries, few, if any, aged and disabled abuse victims will even want to pursue justice. It is reprehensible for the Department to seek the lion’s share of a recovery of a pain and suffering award from a deceased elder or dependent adult. 
Status: DEAD.

Federal Proposed Laws


H.R. 1215 – OPPOSE 

This bill would effectively end California’s 20-plus year civil protection system for victims of elder abuse or neglect perpetrated by health care providers. While California already has a $250,000 cap on non-economic damages – the centerpiece of H.R. 1215 – elder and dependent adult abuse cases are rightfully exempt. H.R. 1215 would end this critical exemption. H.R. 1215 inoculates an entire class of professionals and the health care industry from being held liable when their actions fall below, even far below, the acceptable standards or when they intentionally hurt a patient. Status: In Senate

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

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