FEUER INTRODUCES THREE-BILL PACKAGE TO PROTECT SENIORS
California Political Desk
February 24, 2009
(Sacramento) – Assemblymember Mike Feuer (D-Los Angeles) has introduced three bills to protect seniors vulnerable to abuse in nursing homes and exploitation in the marketplace. AB 392 would restore funding to local Long-Term Care Ombudsman programs, ensuring that nursing home abuse cases are investigated. AB 215 would help families seeking a nursing home for a loved one by requiring skilled nursing facilities prominently to post quality of care ratings. AB 329 would give new rights to seniors contemplating reverse mortgages.
"Especially in this economy, we need to take every step we can to protect seniors who may be at serious risk of abuse or exploitation," said Feuer. "These bills address problems exacerbated by the recession and state funding cuts."
AB 392 helps reverse the damage created by the Governor´s veto of $3.8 million in funding for local Long Term Care Ombudsman programs. These programs are the only advocacy services that protect vulnerable residents of nursing homes and assisted living facilities from abuse and neglect; they conduct unannounced monitor visits and investigate thousands of reports of abuse annually. This bill would restore funding by using existing penalties paid by long-term care facilities that fail to comply with federal and state laws. These penalty accounts may be used for any activity that directly benefits facility residents, including funding increases in Ombudsman services; therefore, AB 392 has no General Fund costs.
"California´s senior citizens not only bear a disproportionate share of reductions in health and home care services, but they are particularly vulnerable to abuse," said Assemblymember Dave Jones (D-Sacramento), a joint author of the bill. This is not the time to rollback the oversight and protections provided by the Long-Term Care Senior Ombudsman program, or to silence the voices of seniors. I am pleased to join Assemblymember Feuer in authoring AB 392 and speaking out to protect funding for this invaluable program."
AB 215 requires long-term health care facilities that accept Medicare or Medicaid to post the federal Center for Medicare and Medicaid (CMS) star rating in a visible, public location. Overall federal CMS ratings are based on health inspection results, staffing levels, and quality measures. The public can obtain this information through the CMS Nursing Care Compare website (www.medicare.gov/NHCompare/home.asp). A posted rating would provide more information to patients, residents, and visitors to nursing homes who are unaware of the ratings or who have limited internet access.
"The amount of information available to those who are seeking long-term care can be overwhelming to the average consumer. It´s important that we take steps to eliminate unnecessary confusion in an already difficult and emotional process," said Assemblymember Cameron Smyth (R-Santa Clarita), joint author of the bill.
AB 329 establishes the Reverse Mortgage Elder Protection Act of 2009, and addresses the recent expansion in the reverse mortgage market for seniors. Reverse mortgages allow seniors to convert home equity into cash payments or supplemental income, potentially providing benefits to those who own property but have little in savings or income. Unfortunately, they are not always in the best interest of seniors. This bill would establish a new fiduciary duty between reverse mortgage sales people and consumers; strengthen counseling requirements; and extend the period in which a consumer may cancel a reverse mortgage contract.
Assemblymember Feuer has fought for nursing home patient rights since serving as Executive Director of Bet Tzedek Legal Services, the House of Justice. During his tenure, Bet Tzedek provided free legal representation to more than 50,000 primarily aging or disabled clients on elder abuse, Holocaust restitution, slum housing conditions, access to medical care, consumer fraud and other critical issues.
"Especially in this economy, we need to take every step we can to protect seniors who may be at serious risk of abuse or exploitation," said Feuer. "These bills address problems exacerbated by the recession and state funding cuts."
AB 392 helps reverse the damage created by the Governor´s veto of $3.8 million in funding for local Long Term Care Ombudsman programs. These programs are the only advocacy services that protect vulnerable residents of nursing homes and assisted living facilities from abuse and neglect; they conduct unannounced monitor visits and investigate thousands of reports of abuse annually. This bill would restore funding by using existing penalties paid by long-term care facilities that fail to comply with federal and state laws. These penalty accounts may be used for any activity that directly benefits facility residents, including funding increases in Ombudsman services; therefore, AB 392 has no General Fund costs.
"California´s senior citizens not only bear a disproportionate share of reductions in health and home care services, but they are particularly vulnerable to abuse," said Assemblymember Dave Jones (D-Sacramento), a joint author of the bill. This is not the time to rollback the oversight and protections provided by the Long-Term Care Senior Ombudsman program, or to silence the voices of seniors. I am pleased to join Assemblymember Feuer in authoring AB 392 and speaking out to protect funding for this invaluable program."
AB 215 requires long-term health care facilities that accept Medicare or Medicaid to post the federal Center for Medicare and Medicaid (CMS) star rating in a visible, public location. Overall federal CMS ratings are based on health inspection results, staffing levels, and quality measures. The public can obtain this information through the CMS Nursing Care Compare website (www.medicare.gov/NHCompare/home.asp). A posted rating would provide more information to patients, residents, and visitors to nursing homes who are unaware of the ratings or who have limited internet access.
"The amount of information available to those who are seeking long-term care can be overwhelming to the average consumer. It´s important that we take steps to eliminate unnecessary confusion in an already difficult and emotional process," said Assemblymember Cameron Smyth (R-Santa Clarita), joint author of the bill.
AB 329 establishes the Reverse Mortgage Elder Protection Act of 2009, and addresses the recent expansion in the reverse mortgage market for seniors. Reverse mortgages allow seniors to convert home equity into cash payments or supplemental income, potentially providing benefits to those who own property but have little in savings or income. Unfortunately, they are not always in the best interest of seniors. This bill would establish a new fiduciary duty between reverse mortgage sales people and consumers; strengthen counseling requirements; and extend the period in which a consumer may cancel a reverse mortgage contract.
Assemblymember Feuer has fought for nursing home patient rights since serving as Executive Director of Bet Tzedek Legal Services, the House of Justice. During his tenure, Bet Tzedek provided free legal representation to more than 50,000 primarily aging or disabled clients on elder abuse, Holocaust restitution, slum housing conditions, access to medical care, consumer fraud and other critical issues.