Legislature

February seems to be a perfect time to look to filling out those 1040’s and trying to get as much money back from the government as possible.  Then our minds should turn to the mid-term elections and looking at the candidates vying for the different positions.  It is important to do our due diligence. Here’s a snapshot of candidates:

US Senate:  Alex Padilla (Incumbent) (D), Akeyemi Agbede (D), Brian Ainsworth (R), and James P. Bradley (R) are the first four of 27 candidates that will most likely be on the June primary ballot.  That’s a lot of candidates to research.

17^th Congressional District:  So far, only Sarah Katz (D).

18^th Congressional District:  Anna Eshoo (Incumbent) (D), Rishi Kumar (D), Peter Ohtaki (R), Ajwang Rading (D), Benjamin Solomon (R), and Greg Tanaka (D).  Again, this list is incomplete.

19^th Congressional District:  No candidates yet.

Governor:  Laura Smith (R) and Major Williams (R) are so far, the only two candidates that are vying for the position.  They will be up against Governor Newsom in November, pending the primary.

In Washington:

The Build Back Better bill is still stuck in the Senate.  Again, no matter how you feel about this bill, please let your Senators know how you feel about this piece of legislation.  AARP is campaigning for the Rx drug pricing and the family and medical leave issues within the bill to be kept.  Senator Manchin is still opposing the bill, citing inflation as the reason he could no longer support the bill.  In the meantime, President Biden met with CEO’s from 10 different companies at the end of January, in hopes of keeping the bill alive.  All ten were purported to be BBB supporters.  Biden said he thought the climate portion of BBB might be able to pass the House and Senate on its own, without the social programs.

“I think we can break the package up, get as much as we can now and come back and fight for the rest of it,” he said at a White House event.

In Sacramento:

The Governor and California lawmakers reached a deal to bring back two weeks of paid sick leave for California workers after the last round of supplemental sick leave expired in September 2021.  The plan is to give workers 40 hours of paid sick leave if they themselves get COVID, and on top of that, an additional 40 hours to take care of a family member who gets COVID.  It goes back to January 1 of 2022, so there’s a gap from when the last program ended to when this one starts.  So, there won’t be coverage for October, November, and December of 2021.  Employees of companies that have over 25 workers are covered by this proposal.  Part-time workers qualifying hours are dependent on the number of hours worked.

Now that the Build Back Better (BBB) Bill has passed the House, it has gone on to the Senate to be debated and voted on.  With all the stuff that is in the Bill, it is hard to know what’s what.  So, here is a list of the key points:

1.  Climate change – $555 billion to fight against climate change – The bulk of clean energy spending, $320 billion, comes in the form of tax credits for companies and consumers that install solar panels, improve the energy efficiency of buildings and purchase electric vehicles.
2. Spending also goes towards the creation of a Civilian Climate Corps that would provide some 300,000 jobs to restore forests and wetlands and guard against the effects of rising temperatures; it is somewhat similar to the New Deal-era Civilian Conservation Corps.
3.  Universal Preschool – $400 billion for free universal preschool for all three and four year olds, which the White House has dubbed the largest expansion in education programs since the creation of public high school.
4.  Paid Family Leave – $200 billion in this bill creates a permanent, comprehensive national paid leave program that gives employed workers, including those who are self-employed, four weeks of paid family and medical leave, which can be used for caregiving or personal illness.
5.  Healthcare Premiums – $165 billion of this spending bill reduces health care premiums under the Affordable Care Act and expands Medicare coverage to include hearing benefits.
6.  Prescription Price Regulation – The BBB Bill also delivers a compromise for taking on Big Pharma over rising drug prices.  It would restrict how much drug makers can increase their prices each year and set an annual limit on out-of-pocket spending, but only after those drugs have been on the market for about a decade.  This means drug companies could still charge an enormous amount for new drugs, with price regulation taking effect nine years later for most common medications and 13 years later for more complicated drugs.  Contrary-wise, out-of-pocket costs for insulin, a protein hormone used to treat diabetes, would be capped at $35 for a 30-day supply, significantly lower than current costs, starting in 2023.
7.  Affordable Home Care – The plan provides $150 billion in funding for a Medicaid program that supports in-home health care, helping to reduce a backlog of people waiting to receive subsidized home care and improve wages for providers.
8.  Affordable Housing – Another $150 billion will go towards building more than 1 million new rental and single-family homes.  The bill aims to reduce cost pressures by providing rental and down-payment assistance through an expanded voucher program.

Last week, the U.S. House of Representatives passed its version of the Build Back Better Bill that includes a 10-year “amnesty-lite” in the form of work permits, Social Security numbers, eligibility for welfare benefits, and the ability to get a driver’s license to 4-5 million illegal immigrants.

AARP backs this bill because of the affordable prescription drugs and the paid family leave. These are important, but don’t forget about the rest of the bill!  Let your Senators know how you feel about this bill.  Let your voice be heard!  Don’t forget to thank your Representatives for doing their due diligence and voting on this bill.

The California Legislature closed on September 13^th and the Governor has until October 10^th to sign the bills into law.  Please call the Governor before the 9^th to sign the following into law:

AB 279 – would prohibit, until July 1, 2022, an Intermediate Care Facilities (ICF) or Skilled Nursing Facility (SNF), as defined, from terminating or making significant quality-of-care changes to its skilled nursing or supportive care services, or from transferring a resident to another ICF or SNF, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19), except if the owner files a bankruptcy petition.

AB 74 – requires a facility to submit to the department specified information on its medical director on an initial application, and to notify the department of any changes in its medical director within 10 calendar days of those changes, as specified.  The bill would require a facility to report to the department proof of, or progress toward, certification for its medical director and expands the scope of an existing crime, which would impose a state-mandated local program.

AB 849 – authorizes the legal representative, personal representative, or successor in interest of a current or former resident or patient of a skilled nursing facility or intermediate care facility to bring a civil action.  The bill, for violations that occur on or after March 1, 2021, would make the licensee liable for up to $500 per violation and would prescribe required factors to be considered in assessing the amount of the damages, including, among others, the nature and seriousness of each violation.

AB 323 – redefines a class “AA” violation as a class “A” violation that the department determines to have been a substantial factor, as described, in the death of a resident of a long-term health care facility.  The bill would increase the civil penalties for a class “A,” “AA,” or “B” violation by a skilled nursing facility or intermediate care facility, as specified.

AB 1042 – authorizes investigation or inspection of long-term nursing facilities for the protection of safety and health, as prescribed.  OSHA, in this regard, authorizes the chief or their authorized representative, as applicable, to obtain warrants, issue subpoenas, and issue orders, as prescribed.

SB 650 – requires an organization that operates, conducts, owns, manages, or maintains a skilled nursing facility or facilities to prepare and file with the office an annual consolidated financial report that includes data from all operating entities, license-holders, and related parties in which the organization has an ownership or control interest of 5% or more and that provides any service, facility, or supply to the skilled nursing facility.

IN OTHER NEWS: SB 9 and SB 10 were signed into law by Governor Newsom on September 16^th.  These two will change the landscape of the single-family dwelling neighborhood, especially those that have more than an 8^th of an acre or more.

SB 9 streamlines the process for an owner to subdivide an existing single-family residential lot to create a duplex and/or allow for new infill construction.

SB 10 establishes enabling legislation for jurisdictions that want to opt in and up-zone urbanized areas close to transit, allowing up to 10 units per parcel without any CEQA (California Environmental Quality Act) oversight.

In Washington:

President Biden met with members of the House and Senate to discuss the infrastructure bill and the reconciliation bill.  This also ties in with the new budget for 2022 and the debt ceiling.

Watch for your local health system and/or county health director’s guidance for:

Who should get a booster shot?

Who should wear a mask?  Where, when, indoors or outdoors?

The rules keep changing.

So far, it’s been a good year, budget-wise. We got most of our funding asks, so the programs for which we advocated will do well for the rest of the year.

In Washington D.C., we are still working on H.R.2062 – Protecting Older Workers Against Discrimination Act of 2021 (POWADA).  As of 6/24/2021 – it has been received in the Senate, read twice, and referred to the Committee on Health, Education, Labor, and Pensions.  Let our Senators know that we still want this to go through, and are thankful for their support. 

Also, the Credit for Caring Act (S. 1670/H.R. 3321) has been stuck in committee since May 24^th; the House bill is in the Ways and Means Committee and the Senate bill is in the Finance Committee.  This bill would provide a new, nonrefundable federal tax credit of up to $5,000 annually for eligible working family caregivers, help address the financial challenges of caregiving, and help working family caregivers remain employed.

Please thank Representative Ro Khanna and Senator Feinstein for signing on as co-sponsors.  Also, please urge Senator Padilla and your local Member of Congress to support and co-sponsor these bills.

State Legislature:  We are still advocating for SB 650 (see page 2) and need your continued help.  This is the Nursing Home Transparency bill and is now in the Assembly and would increase corporate transparency requirements for nursing homes.  So far, it has gone back and forth between the Committee on Health and the Appropriations Committee, with several amendments from each.  Please urge our Assembly members to support this bill.

State Budget

The State Budget must be approved by the legislature by June 15.  By June 10, we need to contact our legislators and ask them to vote for the following AARP budget concerns:

Master Plan for Aging
·  Establish the position of Senior Advisor on Aging, Disability, and Alzheimer’s to advance cross-Cabinet initiatives and partnerships.
·  Allocate $5 million for Master Plan for Aging implementation.

Long-Term Services and Supports
·  Allocate $12.5 million for both 21/22 and the first half of 2022/23 to expand Aging & Disability Resource Centers (ADRCs).
·  Allocate $250 million in one-time funds to purchase and rehabilitate Adult Residential Facilities and Residential Care Facilities for the Elderly to increase housing options for older adults and persons with disabilities.
·  Allocate $26 million over three years to fund Caregiver Resource Centers (CRC).
·  Permanently reverse the 7% hours cut in In-Home Supportive Services (IHSS).

Supporting Family Caregivers at Work and at Home
·  Enact an emergency-paid-sick-leave benefit for California workers for the duration of the COVID-19 pandemic.

Health Security
·  Allocate $15.6 from the general fund to finance the extension of Medi-Cal benefits, including audiology and speech therapy services, incontinence creams and washes, optician/optical lab services, and podiatric services.
·  Allocate $25 million from the general fund in the current year and $100 million per year on an ongoing basis for both long-term case management and lowering the age of adults served to 60, as well as expanding Home Safe and making it a permanent program.

Food Security for low-income older adults
·  Allocate $5.4 million to expand the Senior Farmers Market Nutrition Program (SFMNP) and $5 million to launch new Farm Fresh to Seniors Program.
·  Fund a one-time, $1 million investment for California Department of Social Services (CDSS) to design and integrate a user-centered, simplified CalFresh application for older adults and people with disabilities, in order to increase CalFresh enrollment.

Housing Stability and Equity
·  Allocate $1 billion of this year’s $26 billion budget windfall to respond to the housing crisis, including one-time funds to purchase permanent housing for the growing number of unhoused Californians.

State Legislators

Nursing Homes – Prioritize, Responsible, Oversight, Treatment, Equity and Corporate Transparency (PROTECT) Plan – This is several bills that seek to protect our vulnerable seniors in nursing homes.

AARP is fighting to protect nursing home residents from sickness, isolation, and neglect.  When California nursing homes received over $657 million from the federal government to respond to the COVID-19 pandemic; why did so many of these facilities have inadequate PPE, staffing, and controls to protect residents and staff?

That’s why AARP is urging our state lawmakers to pass reforms that will protect nursing home residents by holding staff accountable for providing safe environments and high-quality care.  State lawmakers must pass laws that will prioritize responsible oversight, treatment, equity and corporate transparency – to protect nursing home residents from isolation, neglect and sickness.

PROTECT Plan State Bills Include

·  SB 650 (STERN) – the majority of taxpayer funding must go to the care and protection of residents, not to fill the pockets of corporate nursing home management and ownership companies.

·  AB 323 (KALRA) – Nursing homes must face stiff penalties for not providing high-quality care to residents.

·  AB 1042 (JONES-SAWYER) – We need to close the loopholes that have allowed nursing homeowners to escape true accountability for poor care; this bill requires all related parties to be held accountable for substandard care.

·  AB 849 (REYES) – Increases penalties for violations that result in the death of a resident.

·  AB749 (NAZARIAN) – Requires medical directors of these facilities to be trained and certified for elderly care.

·  AB 279 (MURASUTCHI) – Prevents patient dumping, making it unlawful to evict a nursing home resident during a public health emergency.

Seniors Deserve Better:  we MUST increase accountability, transparency and quality of care in California’s 1,227 nursing homes.  Please call your legislator and ask him or her to vote AYE on these nursing home bills.

State Assembly

Assemblywoman Lorena Gonzalez (D-San Diego) introduced her Assembly Bill 995 dealing with the accrual and use of paid sick days.  This bill would amend Section 246 of the Labor Code. Existing law provides three days of paid sick leave for employees who meet specified conditions.  Please urge your Assembly Member to support AB 995 (Gonzalez) which expands Paid Sick Leave from 3 to 5 days.

This month will be very busy, both in Washington DC and Sacramento!

FEDERAL:

AARP is pleased to endorse the bipartisan POWADA – Protecting Older Workers Against Discrimination Action – HR 2062 / S 880 cosponsored by Senators Grassley (R-IA), Leahy (D-VT) and Collins (D- PA):

The bill would recognize once again the legitimacy of so-called “mixed-motive” claims in which discrimination is a, if not the, deciding, factor.  It would also reaffirm that workers may use any type of admissible evidence to prove their claims.  It’s time to (re-)level the playing field.  A survey conducted by AARP in 2018 found that more than three in five workers ages 45 and above reported seeing or experiencing age discrimination in the workplace.  The survey also found that three quarters of these workers cited age discrimination as a reason for their lack of confidence in being able to find a new job.  Age discrimination is a key reason why many older Americans have trouble finding work after a period of unemployment and struggle to return to the workforce.  Age discrimination is unacceptable, and victims of age discrimination should have equal access to the courts.  This bill would be a crucial step to strengthen the law and restore fairness for older workers who experience age discrimination.  Age discrimination in the workplace remains stubbornly persistent and the pandemic has exacerbated the problems faced by older workers.  The number of age-55-and-over unemployed has doubled since the pandemic started in February 2020.

We need to call our Member of Congress and our two Senators and ask them to support the Protecting Older Workers Against Age Discrimination Act (POWADA).

STATE:

AB 995 – Paid Sick Leave – Assemblywoman Lorena Gonzalez (D-San Diego):

There are 4.7 million family caregivers in California.  About 60% of family caregivers also work while providing care to a loved one.  AB 995 would expand sick leave from three to five days and guarantee no fewer than five days of paid sick leave without wage loss or retaliation.  This measure would allow family caregivers to take paid time off to care for a loved one who is recovering from an illness, as well as for the diagnosis, care or treatment of an existing health condition, preventative care, or if time off is needed to deal with domestic violence, sexual assault, or stalking.  It is critical for all California employees to have sick leave to cover their wages when they are ill and cannot work or need to care for children or a family member.  Without this guarantee, California workers are incentivized to work while sick, resulting in decreased employee productivity and increased spread of infectious diseases.  Urge your Assembly Member to Support AB 995 Paid Sick Leave.

SB 650 – Nursing Homes Transparency – Senator Henry Stern (D):

SB 650 will create more accountability for California’s 1,227 nursing home operators through new reporting and auditing requirements.  This bill will help the public better understand how nursing homes are owned and operated, and how money received from Medi-Cal, Medicare, and private care patients is being spent.  SB 650 is needed in order to bring real reform to the nursing home industry in California.  This bill will require nursing home organizations to prepare an annual consolidated financial report that includes data from all operating entities and related parties in which the parent entity has an ownership, or control, interest of 5% or more that provides any service, facility, or supply to the skilled nursing facility.  Please urge your State Senator to support this bill.

State Budget:  AARP California State Budget Priorities: FY 21/22:

Master Plan for Aging:

· Establish the position of Senior Advisor on Aging, Disability, and Alzheimer’s to advance cross-cabinet initiatives and partnerships.

· Allocate $5 million for Master Plan for Aging implementation.

Long-Term Services and Supports:

· Allocate $12.5 million to 2021/22 & the first half of 2022/23 to expand Aging & Disability Resource Centers (ADRCs).

· Allocate $250 million in one-time funds to purchase and rehabilitate Adult Residential and Care Facilities for the Elderly to increase housing options for older adults and persons with disabilities.

· Allocate $26 million over three years to fund Caregiver Resource Centers (CRC).

· Permanently reverse the 7% hours cut in In-Home Supportive Services (IHSS), supporting Family Caregivers at Work and at Home.

· Enact an emergency paid sick leave benefit for the duration of the COVID-19 pandemic.

Health Security:

Allocate $15.6 million from the general fund for extension of Medi-Cal benefits, including audiology and speech therapy, incontinence creams and washes, optician/optical lab services, and podiatric services.

· Allocate $25 million from the general fund in the current year and $100 million per year on an ongoing basis for both long-term case management and lowering the age of adults served to 60, as well as expanding Home Safe and making it a permanent program.

Food Security for Low-Income Older Adults:

· Allocate $5.4 million to expand the Senior Farmers Market Nutrition Program (SFMNP) and $5 million to launch new Farm Fresh to Seniors Program.

· Fund a one-time, $1 million investment for California Department of Social Services (CDSS) to design and integrate a user-centered, simplified CalFresh application for older adults and people with disabilities, to increase enrollment.

Housing Stability and Equity:

· Allocate $1 billion of this year’s $26 billion budget windfall to respond to the housing crisis, including one-time funds to purchase permanent housing for the growing number of unhoused Californians.

Please ask your Assembly Member and State Senator to support these budget items.  The Budget Committee will vote on budget items by the third week in May, so please make your calls to your state legislators as soon as you can.

On his first day in office, President Biden signed 28 (!) executive orders, setting a new record.  Looks as if President Biden wanted to make a statement.  Now, states’ attorneys general are looking very closely at them and taking issue with some.

It looks as if 2021 will be a very interesting year.  We may be tempted to think, “Well, at least it’s not 2020, the year we all want to forget!”  However, the new year is proving to be difficult as well.  The coronavirus continues to rage, with new strains spreading quickly throughout the world (that may or may not bow to the vaccines we already have or are developing).  Nonetheless, we hope you have gotten your appointments — as the current vaccines have proven to be highly effective for what we’re dealing with today!

Here is a rundown of some California legislation (with author/sponsor) that was passed in 2020:

AB 890 (Wood) – Nurse Practitioners – Full Practice Authority – Allows nurse practitioners (NPs) who meet certain standards to transition to practice at the full level of their training without the routine presence of a physician.  This will increase access to primary care for millions of Californians. – SIGNED by the Governor

SB 1196 (Umberg) – Price Gouging – Expands existing protections for consumers in several important ways.  First, it applies price-gouging restrictions to existing sellers as well as new-product sellers who are charging unreasonably high prices for critical supplies.  It keeps prices from going up in a declaration of a state of emergency and keeps them from going up beyond 30 days after such a declaration. – SIGNED by the Governor

SB 1383 (Jackson) – Paid Family Leave Job Protections – This will protect working Californians from losing their jobs when they take leave to care for themselves or a seriously ill family member. – SIGNED by the Governor

SB 1123 (Chang) – Elder Abuse – Update Definitions for Use by Law Enforcement – Amends California Penal Code 368.5 to align the definition of elder and dependent adult abuse with the definition currently found in the Welfare and Institutions Code.  It also requires that the updated definitions be included in updates of policy manuals and handbooks used by law enforcement agencies.  This means that law enforcement agencies will have accurate terms to use in the course of reporting or investigating claims of abuse. – SIGNED by the Governor

SB 852 (Pan) – Prescription Drugs – Office of Drug Contracting and Manufacturing – Requires the California Health and Human Services Agency to enter into partnerships to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. – SIGNED by the Governor

AB 2644 (Wood) – Nursing Homes – Transparency Requirements – Adds a much-needed element of transparency and accountability for California’s skilled nursing facilities (SNFs) during public health emergencies caused by a communicable disease, such as COVID-19.  AB 2644 mandates several measures that will protect nursing home residents while also giving them access to the advocacy support of a long-term care ombudsman.  Moreover, AB 2644 requires that SNFs ensure that health care providers (HCPs) receive infection prevention and control training.  AB 2644 makes this common-sense provision applicable at all times, not just during an emergency. – SIGNED by the Governor

And it looks as if Governor Newsom has included the older generations in his budget proposal, which enhances funding for many programs that help older Californians remain living in their homes and communities as they age.