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News Report | Policy/Regulation Report | Aging Services Report
News Report
Proposition 65 Compliance Settlement in the Works
Aging Services of California and the California Association of Health Facilities is finalizing an opportunity for a limited number of skilled nursing facilities to participate in a settlement related to compliance with Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. The act requires certain businesses to provide warnings regarding exposure to chemicals known to cause cancer, birth defects or other reproductive harm. Among the exposures covered are those related to tobacco smoke.
The Consumer Advocacy Group, a private law firm specializing in consumer protection, recently notified 114 skilled nursing facilities of an intent to sue for failure to comply with posting requirements associated with Proposition 65. Aging Services and CAHF have been working with the state’s attorney general on an alternative approach which would allow the targeted facilities to opt into a settlement directly with the state rather than facing a legal challenge brought by CAG.
Under the provisions of Proposition 65, the attorney general’s office can decide to initiate its own action against alleged violators and can enter into a settlement agreement with them. The result of the attorney general’s involvement is that any settlement would preclude private enforcers such as CAG from suing a facility for the same alleged violation.
The attorney general will be filing a legal action to expeditiously and economically resolve this issue for all facilities that choose to participate on or before March 26. All the facilities that received notices from CAG will be named in the March 26 filing. If a facility chooses to participate, its executive will be asked to sign a consent agreement within a set period of time. If a facility does not sign the consent agreement, it would likely be dismissed without prejudice from the suit, in which case the facility could be sued by the private enforcer.
Organizations or facilities which have not received a notice from CAG but which allow smoking on the premises -- indoors or outdoors -- will be given an opportunity to opt into this legal action approximately four to six weeks after the March 26 filing date. The attorney general is trying to create an orderly process for all facilities that want to take advantage of this opportunity. Facilities which have received the notice will have priority so they can meet the timeframes associated with the notices, which require compliance within 60 days.
For additional information on the proposed settlement or to find out how a facility can participate, contact Jack Christy of Aging Services at jchristy@aging.org.
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Policy/Regulations Report
Evaluating Physician Orders for Life-Sustaining Treatment
Physician orders for life-sustaining treatment have been in effect in California for over a year now, and skilled nursing facilities have played an instrumental role in developing and implementing policies and educating residents and family members about their importance. Building on this success, a number of organizations, including Aging Services of California, have developed a survey for facilities using the orders; the survey is designed to capture key information that can be used to improve end-of-life care.
“Filling out this survey shouldn’t take long, and it will be incredibly helpful to our colleagues,” said Jan Guiliano, director of education and events management for Aging Services of California. “If you receive this survey, we encourage you to fill it out. It will help us identify both the successes and the challenges around physician orders for life-sustaining treatment.”
Surveys were sent to facility administrators and directors in early March. Facilities that did not receive a survey but are interested in participating may request the questionnaire from the Coalition for Compassionate Care at info@coalitionforcompassionatecare.org. All surveys must be submitted by April 30, 2010.
Aging Services and AAHSA Work to Restore Section 202 Funding
Aging Services continues to work with AAHSA to advocate a restoration of funding for the federal Section 202 Supportive Housing for the Elderly program. To highlight the importance of the program, AAHSA has prepared a sample letter which supporters can send to urge Congress to provide the resources needed to expand the supply of affordable senior housing next year. AAHSA also is collecting resident stories to put a face on the shortage of such housing: Residents can make their voices heard by visiting the AAHSA website and completing a brief survey.
Association Prepares for 2010 Legislative Session
In a year that will likely be dominated by California’s ongoing budget challenges, the Public Policy Committee of Aging Services of California has identified a number of state bills for tracking over the next five months. The committee tagged a total of 78 bills which will be monitored by the association's public policy staff; the proposed legislation covers everything from housing issues to therapeutic chilling. For additional information, contact Carrie Seifert of Aging Services at cseifert@aging.org.
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Aging Services Report
Summer Institute to Offer Certification Training
The Coalition for Leadership in Aging Services is collaborating with the Missouri Association of Homes for the Aging to debut a new Certified Aging Services Professional curriculum during the coalition's 2010 Summer Institute, set for May 24-27 in St. Louis, Mo.
A portion of the program will be presented during four days of onsite instruction by national experts in the field of aging services and older adult living. Candidates for the certification will complete the remaining coursework in a new online format. The training offers participants an opportunity to collaborate with fellow professionals, learn from experts in a classroom setting, and expand their knowledge base and skill set.
The coalition is extending a 15 percent professional discount on attendance at the Summer Institute to organizations that register three or more individuals. To register, visit the Summer Institute page on the coalition website (then click on the “CASP Summer Institute Group Discount Form” link).
Register Today: Aging Services of California Annual Conference
Aging Services of California invites providers, residents and vendors to look and learn at “Communities: Inside Out,” the association’s 2010 Annual Conference and Exposition, set for May 3-5 in Long Beach, Calif. Conference-goers will be introduced to leading authorities, trends and resources in marketing, finance, workforce concerns, leadership, human resources, home and community-based services, trustees issues and more. This year, in addition to the general conference, Aging Services will sponsor a Certified Nursing Assistants Conference and will present a Licensed Vocational Nurse Conference in collaboration with the California Coalition for Compassionate Care. More information and online registration is available on the Aging Services website at www.aging.org.
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