California State Issues

Current Legislative Session (2007-2008)

Assisted Suicide - 2007-2008

AB 2747 (Berg-Levine) - Stealth Assisted Suicide Bill

Assembly Members Lloyd Levine and Patty Berg once again introduced their assisted suicide bill, and once again, it failed to win approval in the Calfornia Assembly. In a change of tactics, they then introduced AB 2747, which purports to be about assuring that doctors provide terminal patients with information about end-of-life options. A close reading of the bill, however, showed that this was just another way of achieving legalization of assisted suicide. In its original form, the bill would have defined "palliative sedation" in a way that incorporated "voluntary stopping of eating and drinking" (VSED). This end-of-life option would have to be presented to "terminal" patients in cases where a physician, physician's assistant or nurse practitioner gave a prognosis ot one year or less to live. Given the acknowledged inability of doctors to accurately predict death even 6 months beforehand (much less one year), such premature discussions easily make vulnerable patients consider such options long before they are truly terminal.  In fact, many people with disabilities have been incorrectly diagnosed and/or written off as terminal. 

Many groups, including disability rights organization and doctors associations, have opposed the bill strongly. Eventually, AB 2747 got out of the Assembly, and, after significant amendments that, among other things, removed the language about "palliative sedation" and "VSED," the July 2, 2008, version was approved by two California State Senate policy committees. The bill now awaits a vote on the Senate floor.  Although some major problems were amended out of the bill, the July 2 version added a disturbing provision regarding cost considerations that continues to concern me and many others. I  urge you to contact your California State Senator and ask him/her to vote NO on AB 2747. A floor vote is expected in August. If you don't know who your Senator is, go to Your Senator at the Calfornia State Legislature's website.

—Laura

Last updated July 18, 2008

2005-2006 Session   

SB 840 (Kuehl) is a modified version of last session's SB 921. The May 27, 2005, version of the bill was approved by the full California Senate on May 31, sending it to the Assembly for further action. The  financing provisions have been removed from the main bill and will be included in a separate piece of legislation. (The May 27 version provides that the bill won't go into effect until the Secretary of Health and Human Services  has determined that the Health Insurance Fund will have sufficient revenues to fund the costs of implementing the bill.) You can read the bill language and review all other bill documents by clicking on the bill  link at the beginning of this paragraph.

Last amended on July 12, 2005, it doesn't appear that language about the funding for the system has been amended into the bill nor that any action has been taken on the bill since that date.

Last updated 6-30-06

Assisted Suicide Update!

—Laura

Last updated 6-30-06

  2003-2004 Session
 

2004 LEGISLATIVE UPDATE (as of Oct 1, 2004) : SB 921 was approved by the California State Senate on June 4 and also passed its first hurdle in the state Assembly by winning approval from the Assembly Health Committee on June 28.  The bill was amended significantly on June 29, 2004, somewhat restructuring the governance of the system and adding provisions on funding.  But the key provisions for people with disabilities were retained. These include the comprehensive benefits package and a place on the decision-making Health Policy Board  designated for a person from the disability community.  To review the bill text  (or any official document connected with this bill), click on this link. SB 921 did not reach the Senate floor for a votein 2004.  But Sen. Kuehl is committed to making this work and intends to re-introduce the in 2005. (Note:  In the 2005-2006 session, the bill probably will have a different number.)  Getting this far in the legislative process was a big achievement. I will continue working with Sen. Kuehl's staff for the best and most disability-sensitive bill possible. --Laura ***SEN. SHEILA KUEHL INTRODUCES UNIVERSAL HEALTH COVERAGE BILL FOR CALIFORNIA ***  SB 921 (Kuehl) is the best health-care reform bill I have seen from a disability perspective! As introduced on Feb. 21, 2003, SB 921 offers several important features that are especially notable for people with disabilities: The governance structure specifically includes a person with a disability as a member of the system's Medical Practice Advisory Board and a person from the disability community as a member of the system's Health Policy Board. These are voting positions that will have an ongoing impact on things like the benefit package and, more generally, on the way the system is run. The benefit package specifically includes not only prescription drugs and durable medical equipment but also "medically appropriate" assistive technology; rehabilitative care; language interpretation for health-care services (including sign language and Braille translations "or other services for those with no or low vision"); emergency transportation and necessary transportation for health-care services for people with disabilities; home health care services; mental health care; dental care; chiropractic care; acupuncture, and "case management and coordination to ensure services necessary to enable a person to remain safely in the least restrictive setting." The bill's funding mechanisms aren't completely fleshed out, but they include re-directing funding streams from existing government programs and seeking federal waivers where possible to maximize federal dollars. In addition, the bill would impose new taxes on tobacco and alcohol products as well as on employers and employees. Tax rates aren't specified in the bill. However, the intention is to structure the funding so that it is progressive: In other words, those with higher incomes would wind up paying a higher percentage of income to fund the system than those with lower incomes. The system created by this bill, the "California Health Care System," would impose no copayments or deductibles for the first two years and would establish a cap ($250/person, $500/family) on annual out-of-pocket payments if co-payments and/or deductibles are established later. And SB 921 may be getting even better. Sen. Kuehl's office has indicated that she may be amending the bill to cover long-term care services, and based on the senator's response to questions I asked her about In-Home Supportive Services at a meeting on March 7, I believe the long-term care piece *will* cover home- and community-based services! California’s Health Care Options Project (HCOP) included an independent study of nine proposals for expanding health coverage in California. The study showed that only three of those proposals would cover virtually everybody in the state and reduce total spending on health care by Californians. All three of those proposals were single-payer plans like SB 921. Under SB 921, we can insure all Californians for the health services they need without increasing the total amount spent on health care in our state! This bill has been carefully crafted (with active input from people with disabilities). It assures people with disabilities an ongoing voice in how the system works. It offers a disability-sensitive benefit package. And the author has been a great friend to people with disabilities in the past. Getting this bill approved will be a tough fight, however. Contact your California State Senator and Assembly Member and ask them to sign on as co-authors of this very important measure. —Laura Last updated 3-31-03.   2001-2002 Session Final status of bills I tracked for 2001-2002 Legislative session. (Click on bill number to link to description of original bill if description isn't included in final status report.) AB 677 (Steinberg): Aug. 20, 2001, version approved by Legislature and signed by Governor on Oct. 10, 2001.  Now known as Chapter 708, Statutes of 2001. This bill changes California code to conform with Dare case decision on parking placard fees (generally prohibiting state from charging fees for permanent disabled-person parking placards) and makes other changes in definition of "person with a disability." AB 925 (Aroner):  Signed by Gov. Davis and chaptered Sept. 29, 2002.  Now officially known as Chapter 1088, Statutes of 2002. This is the August 29, 2002, version of the bill, which expands on the current California Working Disabled program. That program allows qualified individuals with disabilities to work and earn income up to 250% of the federal poverty level without losing their Medi-Cal coverage. (We had hoped to broaden the eligibility standards to more accurately reflect the reality of living with a disability.)  But although the bill was significantly scaled back from its original version, given the state's current financial circumstances, the enactment of AB 925 is still a step forward—hopefully, one we will be able to build upon. AB 969 (Chan): Failed. Despite several amendments that would have limited state costs associated with this Medi-Cal/IHSS bill, it never had a hearing in the Senate Appropriations Committee and consequently died. AB 1008 (Lowenthal):  Chaptered. Although this bill started out as a measure to provide grants for certain types of accessibility remodeling, it has been completely rewritten.  First, the scope of the program was cut back (June 5, 2001 version), reducing it to a pilot program that was to sunset (end) on Jan. 1, 2006.  Funding also was removed. The Feb. 5, 2002, version rewrote the bill to piggyback on the Housing Bond Act of 2002 (proposed by SB 1227) by specifying that $5 million of the bond money would be used for the kind of grants program that the original bill would have established (assuming the bond measure was approved).  However, on June 12, 2002, all references to grants for accessibility were eliminated from the bill.  Instead, the bill now offers grants to local jurisdictions for building code enforcement programs.  In this form, the bill was chaptered on Sept. 20, 2002.  It is now officially Chapter 723, Statutes of 2002. AJR 1 (Havice): Memorializes Congress and President to support and affirm ADA and to take legislative action necessary to offset negative Supreme Court rulings.  Chaptered (Resolution Chapter 82) July 17, 2001 SB 442 (Vasconcellos): Signed by Governor and "chaptered" on Oct. 7, 2001. Bill now is known as Chapter 577, Statutes of 2001. The Sept. 5, 2001, version provided for $150,000 from the General Fund for the new Director of e-Government.  However, though he signed the bill into law, Gov. Davis deleted the bill section containing the appropriation "in light of the rapid decline of our economy and a budget shortfall of $1.1 billion through the first three months of this fiscal year alone."  Instead, he authorized the Director of e-Government "to do as much as he can within existing resources." On the positive side, I'm pleased to report that provisions requiring that the web site authorized by the bill shall include housing accessibility information to greatest extent possible and that the web site should be accessible to people with disabilities remain in the chaptered version of the bill.  These were changes I had requested in my communications on behalf of the California Disability Alliance and the Disability Issues Committee of Assembly Speaker Bob Hertzberg's Family and Community Commission.   SB 1196 (Romero):   Failed. Died on Assembly Appropriations Suspense File. Given recent U.S. Supreme Court decisions, the need for a bill like this—one through which the state of California voluntarily waives its sovereign immunity against being sued for damages in civil rights cases—is now more important than ever.

 

Following are bills from the 2001-2002 California legislative session that I think were important for people with disabilities.

Status: See Update above.

Status: See Update above.

SB 442 (Vasconcellos). This bill would create the California Affordable Housing Connection, a web site to help Californians find affordable housing.  It also "would require the housing strategy in the California State Housing Plan to include the provision of housing assistance for various specific population groups."  Among these groups are people with disabilities.  While I support this bill, I have asked the author to more specifically address accessibility needs in the bill and to assure that the web site will be accessible.

Status: See Update above.

SB 1196 (Romero). This bill would waive the state's  (California's) immunity against being sued for damages for violating various federal civil rights laws, including the Americans with Disabilities Act.

Status: See Update above.

For more information about these bills, you can review letters on them that I wrote on behalf of the California Disability Alliance (CDA), as posted at CDA's web site. You also can use the Legislature's bill search engine to access all official documents about whichever bill interests you.

Please note that linking to either of these sites takes away from LRM's Place. You will need to press the back button on your browser to return to this page.
 
 
 

1999-2000 Session

 

Assembly Bill 1592 (Aroner) — would legalize physician-assisted suicide in California.

My recommendation: OPPOSE AB 1592!
Outcome: Bill failed to reach Assembly floor.  See below for more information.

 

Assembly Bill 2222 (Kuehl) — would put into California law many of the protections that were envisioned by the Americans with Disabilities Act (ADA) but have been taken away or weakened by recent U.S. Supreme Court decisions regarding employment discrimination against people with disabilities.  Makes California law stronger than the ADA in some areas and makes it clear that it is the Legislature's intent to do so.

My recommendation: SUPPORT AB 2222!
Outcome: California Gov. Gray Davis signed AB 2222 into law! (Oct. 7, 2000)