Despite earthquakes, forest fires and drought, by the end of 2015, at least 5.1 million persons age 65 and over will make their home in California. Combine the impact of aging baby-boomers with current migration patterns, by the year 2030, the state’s aging population may be as high as 8.4 million. A recent report by the Senate Select Committee on Aging and Long Term Care, A Shattered System: Reforming Long-Term Care in California warns that, “Reliance upon our existing patchwork of programs and services to serve our growing aging and disabled population will result in unnecessary expenditures, inequitable access, and irrelevant services.”
California, despite its fiscal woes still has a big heart. The legislature is trying to make progress in improving the services available to its growing senior population, according to an article in The (Crestline CA) Alpenhorn News titled “Legislative protection for seniors.”
California passed AB 1899 last fall, which required any licensee found to have abandoned residents of a residential care facility to be permanently banned from operating facilities in the state. Also, California legislators passed AJR 29 in 2014, legislation that asked for the restoration of federal funding for senior nutrition programs that had previously been reduced by federal cuts, as well as to exempt these programs from future budget cuts. The federal government’s reply to this request is stalled.
Now California state legislators are considering AB 1122, the “Excluded Persons Administrative Action List,” or “EPAAL” legislation. This bill would require the California Department of Social Services, Community Care Licensing (DSS/CCL) to publish online a list of all persons who are excluded from owning, operating, and/or working inside any licensed care facility as a result of an Administrative Law proceeding. The article notes that right now there’s no mandatory requirement for DSS/CCL to refer elder neglect, abuse, or other egregious behaviors against seniors residing in assisted living facilities to law enforcement, so very few of these crimes are prosecuted. But through Administrative Law proceedings, DSS/CCL can permanently or temporarily prohibit a person from working in a licensed care facility.
The current bill is supposed to provide convenient, online access to EPAAL, allowing everyone to verify that caregivers and the employees don’t have a prior history of behaviors which endangered the health or safety of a senior.
You can learn more about this topic as well as other strategies on our website under the tab entitled: elder law planning in Virginia. Be sure you also sign up for our complimentary e-newsletter so that you may be informed of all the latest issues that could affect you, your loved ones and your estate planning. However, proper estate planning is not a do-it-yourself project. Why not call us for a complimentary consultation at 757-259-0707.
Reference: The (Crestline CA) Alpenhorn News (June 19, 2015) “Legislative protection for seniors.”