Assembly Standing Committee on Human Services
- Alex Lee
Legislator
Good afternoon. I call this hearing of the Assembly Committee on Human Services to order. Today, once we have established a quorum, we have nine bills on the agenda with four bills on consent. Please note that we limit testimony to two witnesses in support and two witnesses in opposition. Each witness has two minutes to testify.
- Alex Lee
Legislator
All additional witnesses will be limited, stating their name, organization if they represent one, and their position on the bill. I also want to note that we are accepting written testimony through the position letter portal on the committee's website. Now for a little housekeeping, file item number two, SB 1401 Blakespear has been pulled by the author and will not be heard today. Madam Secretary, if you could call the roll to establish a quorum?
- Committee Secretary
Person
[Roll Call]
- Alex Lee
Legislator
Quorum is established. Since we're still waiting for Senate authors, so if there's Senators who can be on their way, Assemblymember Ortega, do you want to present for Assemblymember Glazer for file item 3, 1415? Whenever you're ready, you may begin.
- Liz Ortega
Legislator
Thank you, Chair and members. Good afternoon. I am presenting on behalf of Senator Glazer, SB 1415 today. First of all, I want to thank the committee staff for their work on this bill. It is very much appreciated. SB 1415 would allow counties to consider government assistance, nonprofit assistance, and other forms of private assistance a family regularly receives to count as income for the purposes of applying for the CalWORKs permanent housing program within the homeless assistance program.
- Liz Ortega
Legislator
It would also confirm that students participating in the welfare to Work program can use financial assistance provided to them to purchase a computer. CalWORKs Homeless Assistance provides a temporary shelter program and permanent housing program to low-income families.
- Liz Ortega
Legislator
However, the program only allows a CalWORKs family to qualify for permanent housing assistance if their rent does not exceed 80% of their income. With current rent soaring in California and wages stagnating, low-income families use greater percentage of their income towards rent, leading to low utilization of the program.
- Liz Ortega
Legislator
Additionally, CalWORKs and welfare-to-work programs offer students a payment at the beginning of each semester for school expenses like books and other college supplies. As assignments and classes shift to online medium, students' need for owning a computer is rising.
- Liz Ortega
Legislator
While some counties are allowing students to use assistance for the program to buy a computer, others are not. As a result, students, particularly low-income, are falling behind because they cannot purchase a computer. This bill would guarantee that students in any county can use their payment to purchase a computer and succeed in classes. Thank you and I respectfully ask for an aye vote when it's appropriate. With me is Kevin Aslanian, executive director of the Coalition California for Welfare Rights Organization, to testify in support of this bill.
- Kevin Aslanian
Person
Thank you. Good afternoon. My name is Kevin Aslanian, Coalition of California Welfare Rights Organization. The bill does two things. One, today when students go to college, they need a computer. For some reason, things have changed. It used to be that when I went to college, I needed a computer.
- Kevin Aslanian
Person
But nowadays, without a computer, you can't even get a decent education. And the second thing that it does is that it's a whole different ballgame today, finding a permanent place. The rents are way too high. So this is one way of getting people housed with kids by having nonprofits or other people contribute to them, and that would not reduce their benefits. So we urge an aye vote. Thank you.
- Alex Lee
Legislator
Thank you very much. Now, are there members of the public who wish to spy in support of the bill? Please come to your microphone. Name and organization if you represent one.
- Rebecca Gonzales
Person
Good afternoon, Rebecca Gonzales with the Western Center on Law and Poverty in support.
- Alex Lee
Legislator
Thank you. Now, do we have any opposition to the bill? Please come forward. Any opposition? Any members of the public who wish to speak against the bill to oppose the bill? Seeing none, I'll bring it back to committee. Any questions or comments? Seeing none, I'll let the author close or the Assemblymember take a close for the author.
- Liz Ortega
Legislator
Yes, I respectfully ask for your aye vote.
- Alex Lee
Legislator
All right, very good. Thank you for presenting the bill today for us. Can I get a motion in a second for this bill? Moved by Assemblymember Dixon, nd thank you for substituting today, and seconded by Assemblymember Calderon. Madam Secretary, please call the roll on SB 1415 by Glazer.
- Committee Secretary
Person
[Roll Call]
- Alex Lee
Legislator
Five is zero. I'll leave the roll open for absent members.
- Liz Ortega
Legislator
Thank you, Senator Glazer. And I thank you.
- Alex Lee
Legislator
You're very welcome, Senator Glazer. All right, let's move to the consent calendar then. Members, can I get a motion and a second for the consent calendar? Moved by Assemblymember Dixon. Second by Assemblymember Calderon for the consent calendar. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Alex Lee
Legislator
Five to zero. Will leave the roll open for absent members. Assemblymember Grove, whenever you're ready. You may come present file item four.
- Shannon Grove
Legislator
Thank you, Mr. Chair. Sorry.
- Alex Lee
Legislator
Well, thanks for rushing back over here for us. I appreciate that.
- Shannon Grove
Legislator
No, I appreciate your patience. I apologize as I'm doing double duty and natural resources and then here. And so I do apologize. So thank you, Mr. Chair.
- Shannon Grove
Legislator
And members, today I'm here to present SB 1043, accountability in children's treatment, which would create more transparency surrounding the use of restraints in seclusion rooms in short-term residential therapeutic programs known as STRTPs. I'd like to acknowledge and thank our sponsor of this bill, SB 1043, is the CEO of 11:11 Media impact, Paris Hilton.
- Shannon Grove
Legislator
Sadly, Paris is a survivor of the troubled teen industry and has been directly impacted by the improper use of seclusion rooms and restraints. Paris was sent to multiple facilities where she was physically, sexually, and psychologically abused. She has turned her survival story into a catalyst for change and has sponsored legislation across the nation aimed at reforming the troubled teen industry and protecting children and youth from abuse. Unfortunately, Paris could not be here today. She is working on federal legislation that is moving through the congressional delegation. Now.
- Shannon Grove
Legislator
I'd like to start by thanking the chair, definitely, for meeting with me and your leadership on improving this bill. You know, I'm just going to be honest. As a Republican, you try to take small strides to fix things, and we thought transparency and seclusion rooms and restraint use would be sufficient for this time go around.
- Shannon Grove
Legislator
And there are so many things that need to be addressed regarding these STRTPs and meeting with you and having seen your heart and compassion for this population of youth and being able to strengthen this bill to require more than what my bill originally intended. I just want to thank you for your leadership on that.
- Shannon Grove
Legislator
And I am accepting the committee's amendments regarding this accountability and transparency for children. As I said, I'll be accepting the committee's amendments to require CDSS to investigate all incidents of seclusion and restraints at these STRTPs. We were able to investigate some of the STRTP restraint and seclusion rooms processes because some of it is up online regarding some cases that are investigated. One case was where an individual held someone down and raped them. They considered that a restraint.
- Shannon Grove
Legislator
There are a lot of things happening in those STRTPs that we need to make sure that we focus on. And without the chair's participation in this and joining us to strengthen this bill, we would not be where we are today. Although California previously sent all of our foster youth wards of the state state outside to these programs in other states in recent years, the Legislature and the governor made significant impacts and invested $8 million to bring these children that are wards of the state back to the State of California.
- Shannon Grove
Legislator
Many of the foster youth who have been returned to California are placed in these STRTPs, where they're licensed by the State of California Department of Social Services. STRTPs serve children and young adults who need increased level of care and these treatment facilities have the ability to use restraints in seclusion rooms if the facility believes that the patient is in danger to themselves or others
- Shannon Grove
Legislator
These facilities are required to report the restraint in seclusion room use to the Department of Social Services. The department then is required to put this information online and make available to the public. However, since 2017, they have not done that. My office has repeatedly reached out to the department, as well as had several meetings where we requested the data of restraint in seclusion rooms and the use of these particular issue items. Yet, nearly seven months later, after request after request, CDSS is still unable to provide us with the information that we've requested.
- Shannon Grove
Legislator
You colleagues are one of 80, I'm one of 40, and we can't get this information from CDSS. CDSS has been able to provide this data related to restraint and seclusion rooms, including the number of reports, the number of complaints, the number of substantiated and unsubstantiated reports, and for the improper use.
- Shannon Grove
Legislator
It appears as though CDSS is relying on the antiquated system of collecting reports and is therefore unable to aggregate the data and provide to the public or the Legislature. One of the frustrating interactions that I had with CDSS, and I know they've got their hands full, is that you get a report that's submitted and an individual and their staff reviews those reports and puts data and information up on an existing website that allows people to know about the injury sustained.
- Shannon Grove
Legislator
The next couple of boxes down deals with restraint seclusion rooms information, but they don't have the staff to be able to put that up and available to us, which is a little bit frustrating. When we think about we're all on legislative deadline, your staff is working extra hours and overtime, they're still doing the job that needs to be done, and there aren't additional resources that allocated for them to do that particular piece of their job.
- Shannon Grove
Legislator
SB 1043 will ensure the Legislature, as well as the public, has a clear understanding of the use of seclusion and restraint STRTPs and amplify the voices of our most vulnerable members of our society, our youth who are in the state's care. This is a small but critical measure that aims to increase transparency and accountability for California's children. With me here today are lived, experienced experts Ann Quirk, from the Children's Law Center, and Zoe Schreiber, a survivor of the troubled teen industry.
- Alex Lee
Legislator
Whoever wants to go first and two minutes each, please.
- Zoe Schreiber
Person
Awesome. My name is Zoe Schreiber and I'm a survivor of the troubled teen industry. At 13, I was sent to a residential facility where I was restrained within the first 36 hours of arriving, all over not eating a pad of butter. For nearly 5 hours in the pouring rain, six adults held down my small body, face down in a mud puddle. I will never forget the knee on my shoulder, the cold of my soaked clothes, the eventual numbness in my legs, my pleas of I can't breathe.
- Zoe Schreiber
Person
In that moment, I was stripped of my dignity, autonomy, and any hope that the staff were there to help or protect me. They instilled a fear that any mention of these traumatizing events to my loved ones would lead to more of the same. What followed over the next four years were stretches of seclusion, hard labor, and humiliation by staff. I had no advocates. The adults in my life were not told of the restraint and seclusions, instead only being told I was having a hard time adjusting. These abusive practices are carried out in the dark, festering, and secrecy.
- Zoe Schreiber
Person
The practice of non-disclosure of these incidents from facilities continues to this day. SB 1043 addresses this critical awareness gap by mandating the reporting of key data relating to seclusions and restraints and requiring the department to publicly disclose the information, bringing transparency into the punitive practices of these programs.
- Zoe Schreiber
Person
As a licensing and compliance professional, I see firsthand how public reporting can influence enforcement and create positive policy changes. Most importantly, the additional amendments of this bill will give youth a voice by requiring an advocate to be involved in the process. I'm thankful to be standing here today. Far too many of us aren't.
- Zoe Schreiber
Person
The longstanding traumas have taken a disproportionate amount of survivors. Nearly 15% of my cohort are no longer with us today due to suicides and intentional overdoses. My testimony today is in their memory. Thank you for your consideration, and I urge a yes vote.
- Alex Lee
Legislator
Thank you very much.
- Ann Quirk
Person
Good afternoon, committee members. My name is Ann Quirk. I am an attorney with Children's Law Center of California. We are the attorneys for the nearly 25,000 children in Los Angeles, Sacramento, and Placer County's foster care system. Our clients who live in group care have often been exposed to severe trauma, physical abuse, sexual abuse, human trafficking.
- Ann Quirk
Person
They have been separated from their siblings, families, and communities many suffer from PTSD. They are placed in STRTPs to receive the intensive therapeutic services, nurturing and supports they need to heal and thrive. In some programs, however, the staff lack sufficient training in trauma and de-escalation, resulting in the overuse of restraints to control a child's behavior.
- Ann Quirk
Person
Restraints are difficult and stressful for staff. They can be devastating for children. Children deserve to feel safe. Being restrained, especially in your home and by an adult in a position of power, is traumatizing and can trigger terrifying memories of previous abuse.
- Ann Quirk
Person
For those children suffering from PTSD, the prior year, abuse is not just remembered, it's relived and re-experienced, further compounding their already significant fear and distress. SB 1043 is an important and needed piece of legislation. It will provide better oversight of group care to stop the unnecessary use of restraints.
- Ann Quirk
Person
It will help STRTPs throughout the state by easily identifying those programs who are excelling at non-physical interventions and will ensure our children get the care they need to heal. We thank the senators for authoring this bill and respectfully request your aye vote.
- Alex Lee
Legislator
Thank you very much. Now, do we have members of the public who wish to come to by in support of the bill? Please come to the microphone now.
- Kevin Aslanian
Person
Yes. Kevin Aslanian, Coalition California Welfare Rights Organization. Strong support. Thanks.
- Grace Harrison
Person
Grace Harrison with the Steinberg Institute in support.
- Michael Mendoza
Person
Michael Mendoza with the Anti-Recidivism Coalition in support.
- Alex Lee
Legislator
Thank you very much. Now, do we have any opposition to the bill? Seeing none. Is there any members of the public wish to testify in opposition to the bill? Please come forward. Seeing none, I'll bring it back to the committee. Committee members, any questions? Comments? Assemblymember Calderon.
- Lisa Calderon
Legislator
Senator, I just want to thank you for bringing this bill forward. I know how hard you've been working on this, and it's a really good bill and I'd like to be at it as a co-author, if you don't mind.
- Shannon Grove
Legislator
Thank you. Thank you, Assemblywoman. I would love to have you as a co-author, and the nill had some teeth before, but with the chair's amendments and his desire to help this troubled teen industry and work on this with me, he has made it very much stronger. And so I appreciate that again.
- Alex Lee
Legislator
Assemblymember Dixon, and then we'll go to the Vice Chair.
- Diane Dixon
Legislator
Thank you, Chair. I too want to commend you and also to Miss Hilton, who could not be here, but through her presenting the visibility of this and you as well, and supporting these are issues that no one knows about until someone has the courage to expose them. So shining a light on them is helpful to all of us. So thank you.
- Shannon Grove
Legislator
Thank you. Paris, when she was here last time, she talked about just coming back from Jamaica where there was a facility there where California children were rescued from a facility where there was abuse and individuals are being arrested. We're better than that. California is better than that.
- Shannon Grove
Legislator
And these children that are in some of these, that are in these facilities are not there at no fault of their own. They're parents. They're just, you know, they are. They're in the situation they're in because their parents are no longer in their life, for whatever reason, and which, technically, I don't want to say, makes them our kids, but that does make it the state's kids, and we need to make sure that they're protected. So thank you for that. And I know I have no doubt she will be here if we are able to get this bill all the way through and we can get it celebrated. And she'll be here with us to celebrate if we can make that happen. No, it is not. Thank you.
- Alex Lee
Legislator
Mr. Vice Chair.
- Bill Essayli
Legislator
Thank you, Mr. Chair. I'd also like to be added as a co-author and Senator, I just want to remark on the incredible work you've done, not just on this Bill, but on several bills to protect children and particularly young women who are vulnerable at a young stage of life. So I think you're going to leave an outstanding legacy, and your courage and tenacity is not without notice. And so I just want to thank you. I'd like to be a co-author, and I'll move the bill.
- Shannon Grove
Legislator
Thank you, sir. I came up here in 2010 fighting for oil and agriculture and ended up fighting for kids. And I don't know how it works like that, but they captured my heart. So thank you, sir.
- Alex Lee
Legislator
Well, Mr. Vice Chair, she still has a little while with us. I'm sure there'll still be lots more than her legacy, so not yet. Assemblymember Ortega.
- Liz Ortega
Legislator
Just, again, echo what my colleagues have already mentioned, and thank you for your heart and your passion in this issue. I'm already a co-author, so I also want to thank your witness.
- Liz Ortega
Legislator
Although, you know, you don't come with the glam team, your story is just as impactful, if not more, in terms of what we're doing here to protect our children today and into the future. So thank you. Thank you.
- Alex Lee
Legislator
All right, I'll invite the Senator to close then, if there's no more comments and questions.
- Shannon Grove
Legislator
So individuals like Zoe, and I believe Zoe's story was on the Netflix series, "The Program" where a lot of the survivors had gone back to these facilities that had abused them as children. And I'm just very grateful to the governor and the State of California who brought their kids back to the State of California. But we have a lot of work to do and we need to hold DSS accountable. I want to thank my colleague who jumped on every child protection bill that I have instantly. And I would like to thank my other colleague, Mr. Jackson, for that wonderful conversation that we had.
- Shannon Grove
Legislator
It's amazing when you think you're so different in so many ways, but you're really very well connected when you sit down and have a conversation with each other. So I want to thank you. Quick short story. Mr. Jackson did work in a level-12 juvenile facility, which is kids just before you get to the massive troubled teen industry. And I said, I got something in common with you. I was in one of those juvenile facilities when I was a kid. So we had a great conversation.
- Shannon Grove
Legislator
And I thank him for his support and his willingness to participate on future legislation so that we can really start addressing this issue that's frankly a parasite within our teen industry that is really very difficult to address. Thank you, sir. Respectfully ask for an aye vote.
- Alex Lee
Legislator
Thank you. First, I want to thank Zoe for sharing your personal story. I know it's not always easy to relive and retell them, but it is very powerful to tell and hopefully change that no one else has to go through that kind of experience. And of course, I want to thank the senator for working with me and this committee to strengthen this bill.
- Alex Lee
Legislator
I know as you stated in your opening statement, that you had thought that you could just start with transparency, but I knew that even the time when we met with the sponsor's bill, including Paris, that as important as to get the transparency in the data and which is sorely needed, I thought it's important that something were to happen too.
- Alex Lee
Legislator
So when people like Zoe come forward and say, this happened to me, and that's acknowledged, there has to be some recourse so that children have some protection, have some voice. And so that's why we put into this bill, with the help of this committee, of course, a lot of teeth into it, so that when a restraint situation of restraining or abuse happens, that someone will go after and look at it and find some recourse for these children. I firmly do believe in that.
- Alex Lee
Legislator
It really does take a whole village to raise children and sometimes some children are without parents. And so it's really up to everyone and it's really a failure of a system that abuse happens under our care and yet we'd never do anything about it.
- Alex Lee
Legislator
So it was really important to me and this committee that we continue to build upon that work. And of course, echoing the chorus of supporters you have here today, I will be happy to add on as a joint author if possible. I know we have the house thing, but a joint author if possible, so that I can help get to the finish line. And again, thank you for your work on this issue, and I am recommending an aye vote today. So, Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Alex Lee
Legislator
Six zero. That is out. And we'll leave the roll open for absent members. Thank you very much.
- Shannon Grove
Legislator
Thank you again, Chair. Thank you very much. Thank you, Members.
- Alex Lee
Legislator
And then, Senator Allen, I think I saw you in the crowd. Whenever you're ready, you can present File Item One, SB-1406
- Benjamin Allen
Legislator
Mr. Chair and Members, let me first of all thank the Committee and Chair for your consideration. Seniors are the fastest-growing population of people experiencing homelessness. I think between 2017-2021, California senior population only grew by 7%, but the number of folks 55 or over who sought homelessness services increased by 84%.
- Benjamin Allen
Legislator
And the number of seniors experiencing homelessness is expected to triple by 2030, according to some estimates. So we've got assisted living facilities that provide important personal care services that allow for seniors to age in place in a supportive and engaging community environment.
- Benjamin Allen
Legislator
But just as we're seeing this enormous homelessness crisis for seniors, we're also seeing assisted living rates increase like never before. And unlike most residents of nursing homes, where the care is generally paid for by Medicaid. Assisted living residents or their families are usually the ones who are shoulding the full cost.
- Benjamin Allen
Legislator
And we gotta remember that most seniors are living on fixed incomes. And so when rates of these assisted living facilities are soaring well above the rate of inflation or social security cost of living adjustments, it really causes harm to these seniors and their families.
- Benjamin Allen
Legislator
And so you end up having lots of situations where older folks see their life savings rapidly drain. So this Bill seeks to address some of these affordability challenges by giving families and these seniors, these residents, greater autonomy over their care and help avoiding undue financial burdens by two key things.
- Benjamin Allen
Legislator
First of all, requiring facilities to provide a detailed justification for rate increases while capping annual increases at 5%, plus the percentage change in the cost of living index, plus one half the percentage change in the annual median wage, and also extending the notice period for rate increases from 60 to 90 days to give seniors and their families the necessary time to determine whether they can afford the higher rates or if they should appeal the rate change or find an alternative setting that will work better for them.
- Benjamin Allen
Legislator
I want to thank all the stakeholders for their continued engagement in the Bill. And should the Bill move forward today, I'm certainly continuing to commit to ensuring adequate time for discussions with everyone to address remaining concerns about the cap in the rare event of financial hardship.
- Benjamin Allen
Legislator
Joining me here today to testify in support of the Bill is Tony Chicotel, who is from California Advocates For Nursing Home Reform.
- Alex Lee
Legislator
Thank you very much. Two minutes, please.
- Tony Chicotel
Person
Thank you. Thank you for this opportunity to testify on behalf of the Bill. As the Senator mentioned, I work for California Advocates For Nursing Home Reform, and most of what we do, it's a nonprofit. It's been around for 40 years.
- Tony Chicotel
Person
Most of what we do is operate a hotline through our website and through a phone, through phone calls where we take concerns or calls from people who are concerned about elements of long-term care.
- Tony Chicotel
Person
And over the last couple years, one of our calls that we've been getting the most has been about rate increases in assisted living facilities. I'm not talking about 5-10 percent rate increases, which can be very difficult for a senior or disabled person on a fixed income, but rate increases of 30,40, 50 percent.
- Tony Chicotel
Person
We had one call about a facility in Riverside County with an increase of 265%, just completely unabsorbable by the current residents. Residents are ill-suited for enormous rate increases. They're on the fixed incomes, they have dwelling assets, and the New York Times recently did a series on the cost of long-term care and focused a lot on assisted living.
- Tony Chicotel
Person
And they called the series dying broke, calling the fees in facilities oftentimes crushingly high. So SB-1406 capsule rate increases similarly to how we cap rent increases in the state.
- Tony Chicotel
Person
Using a formula that takes into account general inflation plus wage increases for the caregivers, SB-1406 also gives residents 90 days instead of 60 days advance notice for a rate increase.
- Tony Chicotel
Person
This will address the fact that the disabled residents of assisted living facilities oftentimes face significant challenges in finding a new place to live and moving into them when they are priced out of their current home. Some more time will definitely be helpful for them.
- Tony Chicotel
Person
By clarifying and expanding rate increase protections for assisted living residents, SB-1406 provides housing stability for a highly vulnerable population of Californians with limited housing options and stops excessive rate increases in assisted living facilities. Thank you.
- Alex Lee
Legislator
Thank you very much. Now, do we have members of the public who wish to testify in support of the Bill, please come up to the microphone now. Seeing none. Do we have any opposition to the Bill? Please come forward. Opposition? Whoever wants to go first and two minutes each, please.
- Rick Jensen
Person
All right, I'll begin. Good afternoon, Mr. Chair and Members. My name is Rick Jensen. I'm the President and CEO of Northstar Senior Living and a Board Member for the California Assisted Living Association. North Star is based in Redding, California and we have 18 assisted living communities throughout the state serving 1,500 seniors.
- Rick Jensen
Person
I'm here today in my role as a CALA Board Member to express our great appreciation to the author and sponsor of SB-1406 and the Committee for their willingness to work with us to ensure the integrity of this model of care and avoid unintended consequences, which I believe we're well on our way to.
- Rick Jensen
Person
I might add that in a recent survey of 400,000 assisted living residents and their families, the satisfaction rate was over 90% in the State of California. And we appreciate all the work that has been done on this Bill to get it to where it's been.
- Rick Jensen
Person
And based on the current version of the Bill, we have removed our opposition. As ALE providers, we work hard to deliver quality care and services for older adults and we are proud of the work that that we do on behalf of CALA. We again thank the author for the ongoing conversations and opportunities to find workable solutions. Thank you.
- Amber King
Person
Thank you, Mr. Chair and Members. Amber King with LeadingAge California. We represent nonprofit providers of care, services, and housing for older adults throughout the state.
- Amber King
Person
We very much appreciate all of the time that we've spent with the author's office, with the sponsor, with Committee staff to work out amendments to get to the place that the Bill is at today. Unfortunately, we do remain concerned with some of the unintended consequences of the Bill.
- Amber King
Person
Many of our members are choosing to serve residents with higher needs and with that comes a need for increased levels of workforce.
- Amber King
Person
So they are employing RNs, LVNs to make sure that they have 24-hour care to create an environment that allows those older adults to age in place for as long as possible and avoid moving to a more congregate care level of care.
- Amber King
Person
We are concerned that the formula cap that is currently in the Bill may harm those RCFEs that have a financial need to go above that cap. And so we appreciate our ongoing conversations.
- Amber King
Person
We're hoping to work out further amendments so that the Bill does not place our CFE(s in a position of needing to close if they are unable to increase their rates above the cap. LeadingAge California is committed to increasing access to long-term care services, including RCFE.
- Amber King
Person
And so we want to ensure that this Bill does not hinder that progress. Thank you.
- Alex Lee
Legislator
Thank you very much. Now, do you have any members of the public who wish to testify in opposition to the Bill, please come forward. Seeing none. I'll bring it back to Committee. Any questions or comments from the Committee Members? Vice Chair, Essayli.
- Bill Essayli
Legislator
What were the changes that took your opposition off?
- Rick Jensen
Person
Generally, it was regarding the cap. The Senator and the Committee worked to put something in to allow for an adjustment to wages and not just a CPI. And that was one of the bigger issues that was a hindrance to us because 50 cents of every dollar that comes into a senior living community goes to wages.
- Rick Jensen
Person
And the initial formula didn't take into account that wage component.
- Bill Essayli
Legislator
So what's the new formula now?
- Rick Jensen
Person
It's CPI plus 5% plus one half percent of a wage index.
- Bill Essayli
Legislator
Okay. I guess my concern with putting caps in, Senators, we've seen this not work in the rental sphere with, you know, apartments and stuff. I think what we end up seeing is that most landlords, if there's a cap, they're gonna do the full increase every year to make sure that they're not leaving any money on the table.
- Bill Essayli
Legislator
And so this could have the reverse effect. Is there a reason to believe that these facilities are charging for grossly more than what's required to operate them? I mean, do you think they're making gross profits or something?
- Benjamin Allen
Legislator
I mean, obviously, it's a very diverse industry and lots of different players. And I would agree with Rick when he says that the vast majority of the folks in this space are operating responsibly and want to do right by their folks.
- Benjamin Allen
Legislator
There have been some examples of some folks that really have taken advantage and gouged. It's part of why the notice period, I think is so important just to give people a bit extra time to make a determination as to whether they can stay if the increase is going up at a rate that they can't afford.
- Benjamin Allen
Legislator
Your point's a good one. I think obviously much of this is end up, it's still product of the market, right? If people are, depends on the person, right? I mean, people can sometimes be mobile and if the increases are going up at a rate that people can't afford, then they can go move somewhere else.
- Benjamin Allen
Legislator
But our concern was really getting at some pretty unscrupulous actors that have caused a lot of damage for people. This is where we landed again. We've been working really closely together and talking this through over time and certainly happy to look at a somewhat different approach if that's something that would make a difference and be better.
- Benjamin Allen
Legislator
But this is where we are right now.
- Bill Essayli
Legislator
Okay. And let me just ask the opposition. I mean, if we're concerned with costs, is there anything the state could be doing to lower the costs to these facilities? Are there laws and regs that are being passed that cause you to increase your rates?
- Amber King
Person
There's a number for sure, the passage of SB-525, which is the healthcare minimum wage, will increase costs to RCFEs. Although they weren't directly impacted by the language of the Bill. There's competitive wage issues. That's the first one that comes to my mind off the top of my head.
- Bill Essayli
Legislator
Yeah, so I think it's a good point. It's not fair enough. The state's forcing you to raise your costs and then they're saying you're not going to be able to recoup it. It doesn't seem very fair.
- Benjamin Allen
Legislator
But this is why we included the wage. That exact concern led to why we included the wage increase so it could be factored in. Cause they correctly brought up that issue.
- Bill Essayli
Legislator
Well, I appreciate that. I just think wages is one of many things that go into cost. But I appreciate your responses. Thank you, Mr. Chair.
- Alex Lee
Legislator
Thank you very much. Members, any other questions or comments about the Bill? Seeing none. I'm going to invite the author to close.
- Benjamin Allen
Legislator
Yeah, no, I appreciate the discussion. And certainly, Assemblymember, you know, if you got ideas about moderate, reasonable changes to the way we've formulated this, really happy to hear them.
- Benjamin Allen
Legislator
And in the end of the day, this is all about trying to make sure that folks who are in a vulnerable place aren't getting socked with massive increases that they just can't prepare, plan for, or afford.
- Benjamin Allen
Legislator
And I will say, unlike in rent control, where someone is oftentimes living there for a long period of time, and those major increases really do impact you.
- Benjamin Allen
Legislator
A lot of these, you don't have people living in these sort of facilities with the same amount of time typically as someone in an apartment, so they are more susceptible to market trends. So with that, I appreciate the discussion very much and respectfully ask for an aye vote.
- Alex Lee
Legislator
Well, thank you so much for bringing the Bill forward, Senator Allen, and thank you for working with all the stakeholders to try to find reasonable compromise on this and working with our Committee. And as you said in your opening statement, it's true, seniors are overrepresented our homeless population.
- Alex Lee
Legislator
And just like as you said with rent control, and thank you for always being a steward partner with me on these issues, is that especially for this population, they're on fixed incomes or even sometimes less declining incomes. This is not the true case for a lot of other renters out there.
- Alex Lee
Legislator
And so it's important to make sure that they have stable housing for the duration of their life, for the remainder of the duration of their lives. And that's why this Bill is so important. And I'm going to be recommending an aye vote.
- Benjamin Allen
Legislator
Thank you. Allowing them to prepare.
- Alex Lee
Legislator
Exactly. Can I get a motion and a second, please? Moved by Assemblymember Jackson. Seconded by Assemblymember Ortega. Madam Secretary, please call the roll.
- Committee Secretary
Person
The motion is do pass to the Assembly Appropriations Committee. [Roll Call]
- Benjamin Allen
Legislator
Thank you, Members. Thank you.
- Alex Lee
Legislator
Four to zero. That bills out. Thank you. So now we are just waiting for our last file item. File item number seven, SB 1078 admin.
- Alex Lee
Legislator
So we're going to have vote add ons. So, Madam Secretary, please call the roll. For the absent Members.
- Committee Secretary
Person
[Roll Call]
- Alex Lee
Legislator
All right, we shall wait for our final author, Senator, minus.
- Alex Lee
Legislator
All right, Senator Min, whenever you are ready, you may begin. Take your time getting situated. No rush.
- Dave Min
Person
Thank you. Alex. I'm on. Is there an Asian time?
- Alex Lee
Legislator
This is Asian time for Asian languages, I mean, for all languages.
- Dave Min
Person
Good afternoon, chair and Committee Members. SB 1078 would create an Office of language access within the California Health and Human Services Agency to provide oversight, accountability, and coordination across Cal HHS's departments and offices to ensure that individuals with limited English proficiency have meaningful access to health services and programs.
- Dave Min
Person
For the nearly 6.4 million Californians who have limited English proficiency, language barriers can pose a significant challenge to their ability to have access to quality healthcare coverage and services.
- Dave Min
Person
Studies show that the absence of culturally and linguistically appropriate healthcare services have significant negative health outcomes for those individuals with limited English proficiencies, including longer hospital stays and higher likelihood of hospital readmissions. These avoidable clinical costs can be significantly reduced with improved interpretation and translation services.
- Dave Min
Person
So this is not only the right thing to do, it is the cost effective thing to do. While California and our Legislature have long recognized the importance of providing in language resources, including providing funding, passing laws, and requirements, these statutes and regulations have not been implemented typically in an effective way.
- Dave Min
Person
SB 1078 would ensure implementation and oversight of existing federal and state language access laws, basically creating a quarterback to kind of oversee all these different programs and regulations.
- Dave Min
Person
It would close an existing gap for those seeking a broad spectrum of health services, thereby saving the state millions in avoidable costs and bolstering the state's ability to meet statutory language requirements.
- Dave Min
Person
I have with me two witnesses today, Priscilla Huang from the Center for Asian Americans in Action, and Natalie Ah Soon from the regional Pacific Islander Task Force, to testify and support.
- Alex Lee
Legislator
Thank you very much. Whoever wants to start first in two minutes each, please.
- Priscilla Huang
Person
Great. Good afternoon, chair Lee and Committee Members. My name is Priscilla Huang. I'm the founder and Executive Director of the Center for Asian Americans in Action. We are a co sponsor of SB 1078, a Bill that would help improve language services for the 6.4 million Californians with limited English proficiency, and we ask for your support.
- Priscilla Huang
Person
I've been advocating for increased language services in government programs for nearly 20 years, yet my advocacy started decades before.
- Priscilla Huang
Person
As the eldest daughter of immigrants, many of us children of immigrants and refugees grew up having to help our family Members navigate a complex world of public systems and institutions that use terminology that is difficult for even native English speakers to understand.
- Priscilla Huang
Person
Here in California, existing federal and state laws require government agencies to provide language services for individuals with LEP. Yet language barriers persistence SB 1078 is needed to bolster the state's ability to meet its federal and state statutory requirements and codifies Cal HHS's language access policy and guidance.
- Priscilla Huang
Person
In addition, this Bill would create important transparency and accountability measures by requiring Cal HHS to submit biennial reports to the Legislature and establish a language access advisory workgroup to provide a mechanism for impacted community Members to give input on Cal HHS Language services from a consumer perspective.
- Priscilla Huang
Person
Importantly, SB 1078 also requires the monitoring and periodic updating of language access plans and establishes a central office to coordinate language services across the agency's 17 departments and offices. It would also inform communities with limited English proficiency about critical Cal HHS resources on a public website, including including information on an individual's language access rights and complaint process.
- Priscilla Huang
Person
In conclusion, we respectfully ask for your support for 1078.
- Alex Lee
Legislator
Thank you very much. Next witness, please.
- Natalie Tualemoso Ah Soon
Person
Talofa and Soifu Manua Committee Chair Lee and Members, I'm Natalie Tualemoso Ah Soon, Co-Founder and Co-Chair of the Regional Pacific Islander Task Force. We were founded to increase the visibility of Pacific Islander needs and assets.
- Natalie Tualemoso Ah Soon
Person
We are a proud co sponsor of SB 1078, a bill that will improve language and communication access to state government services and programs for 6.4 million Californians who have limited English proficiency.
- Natalie Tualemoso Ah Soon
Person
I am also the Director of community engagement and government relations at Richmond area Multi Services, a nonprofit mental health organization with expertise in serving the Asian and Pacific Islander, American and Russian speaking populations. Eight out of 10 Pacific Islanders are not immigrants, yet 11% are limited English proficient language has the potential to heal and harm.
- Natalie Tualemoso Ah Soon
Person
Language access is a health determinant because it improves health outcomes as it is grounded in dignity and respect. Covid-19 magnified the lack of health system and overall government preparedness for meeting the diverse language needs of all Californians. Appealing to and moving people to life saving actions.
- Natalie Tualemoso Ah Soon
Person
Delayed, inaccurate, poorly translated and limited messaging resulted in magnified preventable deaths and hospitalizations in communities that already suffer from reduced access to care. The Ola Bill is an unparalleled opportunity to follow the governor's directive to calhs to develop recommendations to improving language and communications access to state government services and programs.
- Natalie Tualemoso Ah Soon
Person
SB 1078 would provide the necessary infrastructure to ensure the language access plans are implemented, monitored and updated in accordance with federal, federal and state laws and policies. Be the sun and further brighten our day, say a fastaima Yamanuya.
- Alex Lee
Legislator
Thank you very much. And Senator Min just clarified you accept the Committee's amendments?
- Dave Min
Person
Yes, sorry, I should have said that at the outset. Thank you.
- Alex Lee
Legislator
Thank you very much. Thank you now, if there's Members of the public who wish to find support, please come to the microphone.
- Randy Perry
Person
Mister Chairman, Members. Randy Perry with the California Primary Care Association of Full Support. Thank you.
- Leah Barrows
Person
Leah Barrows. On behalf of Chinese for Affirmative Action in support.
- Tu Quach
Person
Tu Quach with the Association of Community Health Organization in full support.
- Julia Liao
Person
Julia Liao, Asian Health Services in full support.
- Doreena Wong
Person
Doreena Wong, Asian Resources, Inc. Proud co sponsor and strong support.
- Johan Cardenas
Person
Good afternoon. Johan Cardenas, on behalf of the California Panagne Health Network and Having Our Say Coalition in strong support. Thank you.
- Christine Smith
Person
Christine Smith, Health Access California in support.
- Rebecca Gonzales
Person
Rebecca Gonzalez, Western Center on Law and Poverty in support.
- Carlos Santana
Person
Good afternoon. Carla Santana, on behalf of the California Immigrant Policy Center. We were unable to submit our letter by the deadline, but we stand in strong support.
- Lan Lee
Person
Lan Lay from Asian Americans Advancing Justice, Southern California in strong support.
- Lindsey Nita
Person
Lindsey Nita, on the behalf of Orange County Asian Pacific Islander Alliance in support.
- Jalen Joyce
Person
Jalen Joyce, on behalf of Korean Center of the East Bay and Little Tokyo Service Center in support. Thank you.
- Unidentified Speaker
Person
Twido with the Southeast Asia Resource Action Center. Proud co sponsor in strong support.
- Yawen Laid
Person
Yawen Laid Mental Health Association for Chinese Community. I support.
- Simon Mai
Person
Good afternoon. Yeah, my Simon Mai. I'm Member of the MX ACC. I'm support. Thank you.
- Unidentified Speaker
Person
Hello, good afternoon. Mental Health Association for Chinese Communities. I support.
- Yong Tango
Person
Thank you. Hello. I am Yong Hong Tango, Alamita and Otiji.
- Yong-Hong Dong
Person
My name is Yonghong Dong. I live in Alameda County. I support. My name is Hong Mei yan. I live in Alameda County of Auckland. I support.
- Alex Lee
Legislator
Doctor Sai. Thank you.
- Andrew Minor
Person
Andrew Minor, on behalf of the Los Angeles Language Justice Coalition, in strong support.
- Celeste Wicks
Person
Celeste Wicks on behalf of Clean Earth 4 Kids, in strong support. Also supporting, our North County Equity and Justice, Eco Sustainability Peeps, NCCA, Activist San Diego, Grandparents Acting Together, In Fact. Thank you.
- Alex Lee
Legislator
Thank you very much. Now, do we have any opposition to the Bill? Please come forward. In opposition, seeing none, are there any Members of the public who wish to testify in opposition to the Bill? Seeing none, I'll bring back to the Committee. Any questions, comments, motions?
- Alex Lee
Legislator
Second, seeing none, I will bring it back to the author to close.
- Dave Min
Person
I respectfully ask your Aye vote absolutely.
- Alex Lee
Legislator
Thank you, Senator Min, for working on this issue and making sure that something as simple as language access is prioritized. This is of course, going to cost something, but I think it's important to have that cost and that price. And I will be happy to join on as a joint or a principal author, whatever is allowed.
- Alex Lee
Legislator
And to keep shepherding this through the Assembly as well. Maybe on the floor as well. But let me know. And the bill has been properly moved and seconded and I am recommending an Aye vote Mike. And secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Alex Lee
Legislator
40 to 0. That bill is out. Congratulations.
- Dave Min
Person
I gotta get back to my Committee. Thank you, Priscilla. Thank you.
- Unidentified Speaker
Person
Thank you.
- Alex Lee
Legislator
Well, business before the Assembly Human Service Committee is concluded.