CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
CAPITOL NEWS REPORT #56-2005  July 7, 2005 Thursday
Linking people to disability rights and unified action
1225 8th Street Suite 480 - Sacramento, CA 95814  916/446-0013  Fax: 916/446-0026
Marty Omoto - director  email: martyomoto@rcip.com    website: www.cdcan.us
 
  STATE LEGISLATIVE UPDATE
* AB 651 Referred To Senate Judiciary Committee - No Hearing Date
* Assembly Health Passes Single Payer & Nursing Home Residents Bills
* Legislature to Focus on Budget Today

SACRAMENTO  - Several bills of importance to people with disabilities and seniors, have had action this week as the Legislature now focuses its attention Thursday (July 7) on debate and passage of the proposed budget for 2005-2006 as revised by an agreement reached Monday by the Governor and the four top legislative leaders.  Passage of the budget plan, now 7 days late, is expected sometime Thursday, barring any last minute opposition coming from rank and file Assembly or Senate members.  Both houses are scheduled to convene floor sessions at 09:00 AM Thursday morning.

The Legislature is took action or will take action next week on several measures that have generated controversy ranging from impact on special needs students (SB 517) to nursing facility resident transition into the community and their rights (SB 643) to a major change in health care coverage (SB 840) and two especially controversial bills dealing with gender neutral marriages (AB 849) and a bill that would authorize physicians to, at the written request of their patients diagnosed with a 6 month terminal illness, prescibe medication to hasten their deaths (AB 651) - a bill that opponents call legalizing "assisted suicide". 

LEGISLATIVE UPDATE - SUMMARY OF ACTIONS ON KEY BILLS

Note:  All bills face a July 8th deadline to be heard and passed out of policy committees in order to continue forward in the legislative process this year (bills - excepting emergency or "urgency" bills or those bill1s receiving a "waiver" or an exception to that deadline rule.  All other bills that fail to do so cannot have any further action until at least January 2006).  Several Assembly bills in the Senate are or will receive this waiver because Senate committee hearings were nearly all postponed this past week and rescheduled for next week, due to the budget.

Note: bills with an "****" indicate that it is either a controversial and/or a very high priority issue.  Every bill has the impact on "ADA (the federal Americans with Disabilities Act), Olmstead (the 1999 US Supreme Court Olmstead Decision based on the ADA and requiring states to take steps to prevent unnecessary institutionalization of people with disabilities and seniors) and  Lanterman Act (California's "civil rights" act for people with developmental disabilities) ".  Some bills may not - at first glance- have any connection to those rights, but often do.  Others - such as transportation or housing, often are not thought of as connected to a person's right to live in a community-based setting. See separate CDCAN reports focusing on other community-based services and supports funded by regional centers and other issues.

****AB 651 - COMPASSIONATE CHOICES ACT  ("ASSISTED SUICIDE")
Author: Assemblymember Patty Berg (D-Eureka)
What This Bill Would Do:  Would enact the California Compassionate Choices Act, which would authorize adults who are "capable" and meets other  certain qualifications, and who has been diagnosed by their attending physician with a six month terminal illness, to make a request for
medication for the purpose of  hastening the end of their lives. Would also enact procedures to implement the act, including impact on life and health insurance.
Latest Action 07/06/05:  Referred to Senate Judiciary Committee by Senate Rules Committee.
Next Steps: Heads to Senate Judiciary Committee for further action. No hearing date yet
ADA/Olmstead/Lanterman Act Impact:  Major - though uncertain impact on people with disabilities and seniors and their health care - though opponents and supporters of the bill differ on the impact.
Priority:  VERY HIGH
CDCAN Comment: There is only one more hearing left this year of the Senate Judiciary Committee - scheduled for July 12.  AB 651 is not set for hearing yet - and would need a rule waiver to do so (which it would probably get if the author requested - there are many Assembly bills whose hearings were postponed this week due to the budget and rescheduled next week that will miss the 07/08/05 deadline to pass out of committee. Those bills have or will receive waivers of that legislative rule, due to the budget).  The contents of AB 654 - which is currently held on the Assembly floor until next year - was amended into AB 651 on 06/15/05.  If AB 651 is not heard in committee next week - it cannot have further action until next year.  Many observers feel AB 651 will not be moved forward this year, especially with another equally controversial measure, also amended with the contents of the original bill that did not pass out of the Assembly dealing with gender neutral marriages (or sometimes referred to as "legalizing gay marriages") in California.  That bill - AB 849 (formerly AB 19) is set for hearing in the Senate Judiciary Committee on July 12.

SB 308 - RECORDING FEES FOR ELDER & DEPENDENT ADULT FINANCIAL ABUSE PREVENTION TRUST FUND
Author: Sen. Joe Simitian (D-Palo Alto, 11th District)
What This Bill Would Do:  Authorizes, upon adoption of a resolution, a county board of supervisors to impose a fee of up to $2 to be paid at
the time of recording of real estate transactions, to be placed in the Elder and Dependent Adult Financial Abuse Prevention Trust Fund and used to fund programs to deter, investigate, and civilly prosecute the financial abuse of elders and dependent adults in the context of real estate transactions. 
Latest Action 07/05/05: PASSED Assembly Aging and Long Term Care Committee
Next Steps: Heads to Assembly Appropriations Committee.
ADA/Olmstead/Lanterman Act Impact: No direct immediate impact however prevention or prosecution of  financial abuse of seniors and people with disabilities who are considered "dependent adults" under California law, is an important component of being able to live in their own home.  A loss of one's life savings or assets or other impact of financial abuse has the potential of causing a person to lose the resources to live in their own home or community.
Priority: Important
CDCAN Comment: Passed Assembly Local Government Committee on 06/22/05 by a vote of 5-1, with Assemblymember Bill Emmerson (R-Redlands, 63rd District) opposing.  Passed  Senate Floor on 05/23/05 on a close vote of 22-16, with Sen. Mike Machado (D-Linden, 5th District, joining all 15 Republicans in opposing the bill).
CDCAN Vote Record Report
07/05/05 - Assembly Aging and Long Term Care Committee
Action: Do pass  (3-1)
* AYES Votes - Total 3
Democrats (10):  Assemblymembers Berg (Chair), Bermudez and Canciamilla
Republicans (0):  -none-
* NO Votes - Total 1
Democrats (0): -none-
Republicans (1): Assemblymember Daucher
* ABSENT, ABSTAIN OR NOT VOTING - Total 1
Assemblymember Walters (R)

SB 517 - HIGH SCHOOL GRADUATION AND EXIT EXAMINATIONS
Author: Sen. Gloria Romero (D-Los Angeles, 24th District)
What This Bill Would Do [does not reflect yet 07/05/05 amendments:  Would require the Superintendent of Public Instruction to certify that each high school ranked in deciles 1 to 3, of the Academic Performance Index and identified for review by a county superintendent of schools offers full and equal access for all students to specified minimum conditions necessary for successfully passing the  high school exit  examination. Would require the Superintendent  of Public Instruction by September 1 of each year, to prepare and submit a report to the Legislature that compares specified conditions in high schools with regard to the high school exit examination. Would require any school district, charter school, or other local educational agency with a high school not certified by the Superintendent to submit, by July 1 of each year, a report to the State Board of Education and the Superintendent that identifies the barriers and specific actions to providing the minimum conditions necessary for success on the high school exit exam to ensure that students will receive those minimum conditions.
Latest Action 07/06/05: PASSED with amendments by Assembly Education Committee by vote of 8-3 and referred to Assembly Appropriations Committee.
Next Steps: Heads to Assembly Appropriations Committee.
ADA/Olmstead/Lanterman Act/IDEA Impact: Ability of students with special needs covered under the federal Individuals with Disabilities Education Act (IDEA) to pass high school exit examinations is of huge importance to parents, families, school districts and advocates.
Priority:  VERY HIGH
CDCAN Comment: Passed Senate 06/02/05 by vote of 23-16 on a party line vote with exception of Democratic Sen. Jackie Speier (Hillsborough) joining all 15 Republican senators to oppose).  Passed Senate Appropriations Committee on 06/01/05 by vote of 8-5 and the Senate Education Committee on 04/27/05 by vote of 7-3, with Republican Sen. Abel Maldonado (R-Santa Maria) joining the Democrats in approving the measure. Assemblymember Karen Bass (D-Los Angeles) is authoring a related bill, AB 1531 that was passed out of the Senate Education Committee and is now in the Senate Appropriations Committee. 
CDCAN Vote Record Report
07/06/05 - Assembly Education Committee
Action: Do pass as amended and re-refer to Assembly Appropriations Committee.(8-3)
* AYES Votes - Total 8
Democrats (8):  Assemblymembers Goldberg (Chair), Arambula, Coto, Hancock, Liu, Mullin, Pavley and Umberg
Republicans (0)
* NO Votes - Total 3
Democrats (0): -none-
Republicans (3): Assemblymembers Wyland, Huff and Richman
* ABSENT, ABSTAIN OR NOT VOTING - Total 0
-none-

****SB 643 - NURSING FACILITIES
Author:  Sen. Wes Chesbro (D-Arcata, 2nd District)
What This Bill Would Do  (note: summary does not reflect latest amendments made 07/05/05):
* Would, for Medi-Cal recipients who pay a share of cost and who are receiving Medi-Cal funded long term care services for more than 3 months,  modify the personal and incidental needs allowance during he t2 months prior to thier discharge and provide for reimbursement of a portion of the share-of-cost to the recipient at the time of their discharge.
* Would shortens from 180-days to 30 days the time period for processing an application package for specified independent nurse providers,  that targeted case management services would be a covered benefit under the Medi-Cal program for nursing facility residents when medically necessary to transition into the community; would require that when being discharged from a nursing facility, a person's plan of care include services that will assist them in maintaining, regaining, and acquiring the skills and level of functioning that would help them return to live in the community.  Authorizes that community services information required to be provided to a person in a nursing home (or their representative) also include information concerning federal home  and community-based waivers that the State has, and resources that provide or arrange for housing assistance. Would, when a conservatee petitions the court for review of his or her placement or upon a rehearing on his or her conservatorship, permit the court to order the conservator or public guardian to secure an assessment to address a less restrictive alternative placement, as prescribed in the bill.  .
Latest Action 07/05/05: PASSED with amendments by the Assembly Health Committee by vote of 13-0 and referred to Assembly Appropriations Committee.
Next Steps: Heads to Assembly Appropriations Committee.
ADA/Olmstead/Lanterman Impact:  Major potential impact on ADA/Olmstead - and probably on the Lanterman Act (for those persons with developmental disabilities).  Proponents of the bill say that it will move the State forward in complying with the 1999 US Supreme Court Olmstead Decision by shifting emphasis of long term care from institutional settings to other options that emphasize home and community-based services and supports.  Supporters of the bill say that the current version of the bill helps provide those options by allowing people who are moving out of nursing homes back into the community by allowing them to keep more of their income for the two months preceding their discharge from the nursing home.; help persons and families who have been approved for home nursing services under EPSDT (or waivers) to recruit independent nurses to provide those services; requires that when medically necessary, Medi-Cal shall provide targeted case management to help persons in nursing homes with their transitions to the community; and authorizes the Department of Health Services to widen coverage of existing federal Medicaid waivers for this purpose.
Priority: VERY HIGH
CDCAN Comment: Passed Senate on 06/01/05 by bi-partisan vote of 29 to 1 (with remaining absent or not voting).  Sen. Tom McClintock (R-Thousand Oaks, 19th District) was the only senator to oppose the bill. The bill did receive opposition from some statewide groups including California Health Facilities Association, the California Mental Health Directors Association (relative to the mandates the earlier version of the bill imposed.  It is not known if this group has since withdrawn its opposition after the 06/27/05 amendments to SB 643, which, according to the Legislative Counsel's analysis, no longer places a new state mandate on local government.  This is one of several bills relating to acute and long term care issues that the Legislature is considering this year - including AB 10 by Assemblymember Lynn Daucher (R-Brea) that are all linked to the State's compliance with the 1999 US Supreme Court Olmstead Decision.
CDCAN Vote Record Report
07/05/05 - Assembly Health Committee
Action: Do pass as amended and re-refer to Assembly Appropriations Committee (13-0)
* AYES Votes - Total 13
Democrats (10):  Assemblymembers Chan (Chair), Berg,  De La Torre, Dymally, Frommer, Jones, Montanez, Negrete McLeod and Ridley-Thomas
Republicans (3): Assemblymember Aghazarian, Nakanishi and Richman
* NO Votes - Total 0
* ABSENT, ABSTAIN OR NOT VOTING - Total 1
Assemblymember Strickland (R)

****SB 840 - SINGLE PAYER HEALTH COVERAGE
Author: Sen. Sheila Kuehl (D-Santa Monica)
What This Bill Would Do [summary does not reflect yet the 07/05/05 amendments:  Would replace private health insurance in California with a new state-run "California Health Insurance System" to be administered by the newly created California Health Insurance Agency under the control of an elected state Health Insurance Commissioner.  Would make all California residents eligible for health care benefits under the California Health Insurance System, which would, on a "single-payer basis", negotiate for or set fees for health care services provided through the system and pay claims for those service.
Latest Action 07/05/05:  PASSED with amendments by the Assembly Health Committee by vote of 9-4 and re-referred to Assembly Rules Committee.
Next Steps:  Heads to Assembly Rules Committee
ADA/Olmstead/Lanterman Act Impact: Major potential impact to ADA/Olmstead given that the enormous cost of health care for persons with disabling employee health insurance for the thousands of community-based organizations who provide supports and services is a huge obstacle for policy makers and advocates.
Priority: VERY HIGH
CDCAN Comment:  Passed  Senate Floor on 05/31/05 on a strictly party-line vote of 25-15 (all Democrats voting "aye" and all Republicans voting "no").   The bill is strongly supported by a wide range of disability and seniors organizations and unions - and strongly opposed by a wide range of business advocacy groups and trade associations.
CDCAN Vote Record Report  - SB 840
07/05/05 - Assembly Health Committee
Action: Do pass as amended and re-refer to Assembly Rules Committee (9-4)
* AYES Votes - Total 9
Democrats (9):  Assemblymembers Chan (Chair), Berg,  De La Torre, Dymally, Jones, Montanez, Negrete McLeod and Ridley-Thomas
Republicans (0):  -none-
* NO Votes - Total 4
Democrats (0): -none-
Republicans:  Assemblymember Aghazarian, Nakanishi, Richman and Strickland
* ABSENT, ABSTAIN OR NOT VOTING - Total 1
Assemblymember Frommer (D)

SB 1018 - ELDER AND DEPENDENT ADULT ABUSE
Author: Sen. Joe SImitian (D-Palo Alto)
What This Bill Would Do:  Would extend mandated reporting requirements for financial abuse of a senior (or elder) or a person with disabilities or mental health need considered a "dependent adult" under existing State law,  to officers and employees of certain financial institutions who have observed or  suspect the abuse.
Latest Action 07/05/05: Hearing for 07/05/05 postponed by Assembly Judiciary Committee
Next Steps: This bill remains in Assembly Judiciary Committee.
ADA/Olmstead/Lanterman Act Impact:  Like SB 308 (and other financial abuse legislation dealing with seniors and person with disabilities who are considered "dependent adults" under California law), this has no direct immediate impact but financial abuse is a critical issue for people who live in the community and in their own homes.  A loss of one's life savings or assets or other impact of financial abuse has the potential of causing a person to lose the resources to live in their own home or community.
Priority:  Important
CDCAN Comment: Passed Assembly Aging and Long Term Care Committee 3-1 with Assemblymember Mimi Walters (R-Laguna Niguel, 73rd District)  opposing  on 06/28/05.  Passed Senate on 05/26/05 on a strictly party-line vote of 24-14.  Strongly opposed by many financial institutions because of the requirement and fear of lawsuits.  Widely supported by many senior and people with disabilities advocates. One of several bills dealing with senior (or elder) and "dependent adult" abuse.


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The California Disability Community Action Network is a non-partisan link to thousands of Californians with developmental and other disabilities, people with traumatic brain and other injures, seniors and their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them.   If you would like to get on this distribution (and conversely, get off of  it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice). We're all in this together!