Friday, May 8, 2009

Pending California Bills Propose Funding for Senior Ombudsman Services

Two current bills under consideration by the legislature could increase the funding available for senior ombudsman services provided by the state. These bills follow the recent budget cuts from earlier this year that deeply affected the funding for these same services, as reported by the Times-Herald.

Senior ombudsman, who operate under the direction of the California Department of Aging, focus on investigating and resolving complaints made by, or on behalf of, individual residents in long-term care facilities. Nursing homes, residential care facilities, and assisted living facilities are all reviewed by ombudsmen. These individuals also pursue resident advocacy in the long-term care system through both legal and policy-oriented avenues. With the state population over 60 years old likely to reach 6.4 million by next year, senior ombudsman will continue to serve an important function in the years to come.

AB 392

AB 392 would restore $1.6 million to the Long-term Care Ombudsman Program to help make up for the $3.8 million the state legislature slashed from its budget this year.

AB 935

AB 935 would collect fines levied in senior home violations cases and direct those funds to local long-term care ombudsman programs. These additional funds would add to existing funding levels to allow the programs to prevent senior neglect and abuse.

Affect of the Existing Cuts

As a result of the budget cuts laid down by the state earlier this year, most senior ombudsman programs throughout the state had to face major staff reductions, while simultaneously being unable to recruit or train volunteers to bolster the programs. Since the cuts, ombudsman programs have had to use their limited resources to focus on enforcement issues, meanwhile neglecting advocacy, education and training on behalf of seniors. Even enforcement concerns have received reduced attention. Ombudsman programs have had to reduce visits to long-term care facilities considerably, changing regular visits from weekly to monthly, or monthly visits to yearly visits, in some cases.

Advocates for the senior ombudsman programs argue that the economic crisis that currently embroils the nation and California has increased the threat of elder abuse. Statistics are not available for senior abuse for the current year. For the previous two years, there were 93 criminal filings for senior abuse in 2007 and 74 filings in 2008, according to the California Attorney General. To maintain the state’s ability to track and research claims of elder abuse, advocates for the senior ombudsman program hope that the two bills being considered by the legislature receive approval.

Thank you for reading my blog. If you have a question or comment, feel free to respond to this posting, but keep in mind your response will not be confidential. If you or a loved one has been the victim of abuse, negligence, or neglect by a nursing home, contact an experienced elder law attorney to find out your legal rights and options. Contact the Law Offices of James R. Gillen to discuss your matter confidentially.