Two Nursing Home Reform Bills Pass First Assembly Test

A bipartisan compromise designed to improve care in California’s 1,200 nursing homes on Monday passed its first test in the Assembly, four months after similar legislation was vetoed by Gov. George Deukmejian.

By a 10-0 vote, the Assembly Aging and Long-Term Care Committee approved two identical bills that incorporate those nursing home proposals from last year that meet with the Administration’s approval.

Among its provisions, the legislation would toughen penalties for the abuse of patients and increase state Medi-Cal payments to nursing homes, so that facilities can raise staffing levels.

“It’s the most comprehensive reform in the last 10 years and quite possibly in the history of nursing home legislation,” said Richard C. Mahan, executive director of the watchdog Little Hoover Commission.

‘Immoral’ Conditions

The commission prompted last year’s legislation with a study that found conditions in many homes were so bad that it was “unthinkable and immoral” for the state to let them continue operating.

Until the legislation becomes law, Mahan said, authorities are handicapped in their ability to crack down on abuse and negligence in nursing homes.

“There are cases of abuse reported daily to state licensing authorities,” he said.

In the view of the commission, he said, the legislation “can’t move fast enough” through the Legislature.

The two bills approved Monday would:

- Increase Medi-Cal payments to nursing homes by $8 million this fiscal year.

- Prohibit discrimination against Medi-Cal patients and outlaw retribution against patients or employees who file complaints.

- Impose fines for the falsification of a patient’s medical records.

- Improve the training of nursing home inspectors.

- Require state publication of a list of nursing homes that are in good standing.

Deukmejian vetoed last year’s nursing home package because he objected to several provisions, including the establishment of two new advisory committees.

However, he urged the Legislature to pass an emergency compromise bill in December so that it would take effect by the first of the year.

One version of this year’s legislation was approved by the Senate in January.

However, a similar bill was stalled in the Assembly for nearly a month while Speaker Willie Brown (D-San Francisco) made his committee assignments.

On Monday, the committee took up both the Assembly version and the one passed by the Senate.

The panel adopted minor amendments to both versions, making them identical, and sent them to the Assembly Ways and Means Committee.