The State Senate today gave final approval to three bills by Senator Nell Soto (D – Pomona), their fate now to be decided by Governor Arnold Schwarzenegger. The measures are:

• SB 141, which would establish a refund policy for any preadmission fees paid by new residents of licensed residential care facilities for the elderly (RCFEs);

• SB 477, which would authorize the Governor’s Office of Emergency Services to establish a process that would be made available to assist a community in recovering from an emergency proclaimed by the Governor;

• SB 513, which would defer principal and interest for six months (and without penalty) on the financial obligations of a member of the California National Guard, or his/her spouse, if the member is killed in the line of duty.

SB 141 is sponsored by the California Advocates for Nursing Home Reform (CANHR), which has received numerous complaints from residents of RCFEs about preadmission fees.  Currently, new applicants are being charged anywhere from $100 to $5000 for undetermined reasons as a condition of admission. Even if the placement is found to be unsuitable after a few months, residents sometimes find they are unable to get refunds.

CANHR notes that "preadmission fees act like security deposits, which are not allowed today, or act like a club membership but pay for no real service."  The lack of re-fundability, particularly of the higher fees, makes it "difficult, if not impossible for consumers to move to another facility when the situation does not work out."

Senator Soto notes that SB 477 is directly related to the experience of the victims of the 2003 California wildfires and is intended to address community recovery after the federal government and emergency personnel leave the area.

In response to those devastating fires, assistance centers were set up by the federal government and the Governor’s Office of Emergency Services during the initial evacuation and the days that followed that provided loans and grants to the victims.  This assistance was of tremendous benefit, but it is estimated that nearly 15 months after the fires, less than 10 percent of the destroyed homes have acquired the necessary permits to rebuild.

Senator Soto says that at the time of the fires the state lacked a plan that addressed 

funding and coordination of state and local activities following a disaster. She has heard from fire victims who found deficiencies in the effective management of the recovery process, the provision of adequate interim shelter and housing, as well as, planning and resources available for long-term, post-disaster housing, and adequate knowledge and preparation by the public for effective recovery.

SB 477 authorizes OES to establish a model process that would be made available to assist a community in recovering from emergencies or disasters. That model process may include the following:

• The role of the office in the community recovery process;

• Procedures for OES to have representation onsite as soon as practicable after the Governor proclaims a state of emergency;

• The role of the office to facilitate the use of temporary services such as communications systems, direct assistance to families and businesses, crisis counseling, unemployment assistance, food/water/housing and clothing, farm service assistance, tax relief, insurance, and legal services;

• The role of the office to facilitate the establishment of temporary structures, including local assistance centers, shower/bathroom facilities, and temporary administrative offices;

• Measures to encourage the participation of nongovernmental organizations in the recovery process to supplement activities undertaken by federal/local entities.

Finally, Senator Soto introduced SB 513 in recognition of the extended role of (and sacrifices by) members of the California National Guard in combat duties, especially as it relates to the war on terror.

Currently there is a standard $12,000 death benefit for survivors of service members regardless of family size.  “This benefit, which is a fixed figure, may not provide enough relief to those who suffer the loss of a service member,” Soto says. “In addition, terms of service have been unexpectedly increased during the last 12 months, something which has created additional financial stress for the families of all service members. If a death occurs after active duty has been extended, the financial consequences for survivors can become overwhelming. SB 513 offers them a small measure of financial protection in recognition of the sacrifices the members and their families are making on behalf of our country and our state.”