California’s protection & advocacy system
For legal assistance call 800-776-5746. For all other purposes call 916-504-5800 in Northern CA
or 213-213-8000 in Southern CA. TTY 800-719-5798.
Each year Disability Rights California legal and legislative staff identify possible legislative fixes for issues affecting people with disabilities. Several legislative proposals are written, and based on priority, political climate and the approval of our Board of Directors, among other factors, we decide which if any bills it will sponsor. Then legislative staff work on finding the right legislator to become the author of each bill, and persuading that legislator to take on the bill. This year we are sponsoring:
AB 918 requires the Department of Developmental Services to publicly report the data regarding the use of physical and/or chemical restraint occurring in community and long-term health care facilities, data that it already collects. The bill would also require the community and long-term health care facilities to report to DRC deaths or serious injuries of regional center consumers occurring during or related the use the of restraint or seclusion. See more details in our support letter:
AB 1235 fixes the Home Upkeep Allowance. The allowance enables people going into nursing homes, who have income other than SSI, and no spouse in the community, to keep income for up to six months to maintain their home in the community rather than have to spend it on nursing home share of cost, if they intend to go home and their physician says it is possible. The allowance has been $209 for about 30 years and few know about it or use it. We know that lack of housing is a barrier to people leaving nursing homes.
Of the other states that use the allowance, almost all have allowances greater than California's. Pennsylvania allows people to set aside their share of cost for up to 3 months, no matter how long they have been in a facility, so they will have money to secure housing. In the long run, AB 1235 bill will save state dollars as people are able to leave facilities and use community-based services, which are generally less costly. See more details in our support letter:
The "Nursing Facility/Acute Hospital" (NF/AH) Waiver, which supports in-home services as alternatives to placement in nursing facilities or other institutions, doesn’t meet the needs of many people who qualify for it, favors institutional care over less costly and more desirable home care, and is inconsistent with federal law. AB 1518 updates the NF/AH Waiver to ensure: 1) that people who need long term services and supports have a real choice about whether to receive those services in their own homes or go to a nursing facility or other institution and; 2) that young people with disabilities who need a significant amount of care to stay home and avoid institutions, do not lose the care when they turn 21 and age out of EPSDT (Early Periodic Screening Diagnosis and Treatment) and into adult Medi-Cal services. See more details in our support letter: