Bill Text: CA AB2636 | 2023-2024 | Regular Session | Amended
Bill Title: Mello-Granlund Older Californians Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-15 - Held at Desk. [AB2636 Detail]
Download: California-2023-AB2636-Amended.html
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Amended
IN
Assembly
May 16, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2636
| Introduced by Assembly Member Bains |
February 14, 2024 |
An act to amend Sections 9002, 9100, 9101, 9102, 9103, 9105.1, 9320, 9400, 9501, 9530.5, 9531, 9532, 9535, 9540, 9541, 9541.5, 9542, 9543, 9544, 9545, 9546, 9547, 9630, 9652, 9654, 9660, 9661, 9662, 9664, 9677, 9680, 9700, 9717, and 9719 of, to amend the heading of Chapter 10.5 (commencing with Section 9650) of, and to amend the heading of Article 2 (commencing with Section 9660) of Chapter 10.5 of of, Division 8.5 of, to add
9118.7 to, to repeal Sections 9101.5, 9113, 9118.5, and 9253 of, to repeal Chapter 9 (commencing with Section 9590) of Division 8.5 of, and to repeal and add Sections 9001, 9115, and 9118 of, the Welfare and Institutions Code, relating to older adults.
LEGISLATIVE COUNSEL'S DIGEST
AB 2636, as amended, Bains.
Mello-Granlund Older Californians Act.
Existing law requires the California Department of Aging to administer the Mello-Granlund Older Californians Act (act), which establishes various programs that serve older individuals, defined as persons 60 years of age or older, except as specified. The act requires the department to designate various private nonprofit or public agencies as area agencies on aging to work within a planning and service area and provide a broad array of social and nutritional services. Under the act, the department’s mission is to provide leadership to those agencies in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments.
This bill would recast and revise various provisions of the act, including updating findings and declarations relating to statistics and issues of
concern to the older adult population, and replacing references throughout the act from “senior,” “senior” and similar terminology to “older adult.” The bill would increase flexibility for area agencies on aging to develop and manage community-based program based on local need, as specified. The bill would repeal obsolete provisions, such as the Senior Center Bond Act of 1984.
This bill, instead, would require the department to partner with other state
departments, the area agencies on aging, and other stakeholders in developing and maintaining an electronic clearinghouse of information of available statewide services and supports for older adults and people with disabilities and providing referral services, if appropriate, and would repeal the provisions establishing the Senior Housing Information and Support Center.
This bill would repeal the provisions establishing the Senior Housing Information and Support Center.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 9001 of the Welfare and Institutions Code is repealed.SEC. 2.
Section 9001 is added to the Welfare and Institutions Code, to read:9001.
The Legislature finds and declares all of the following:(a) The Public Policy Institute of California estimates that by the year 2030, the state’s over-65 population will increase by 4,000,000 people, while also becoming more racially and economically diverse.
(b) As the population of older adults increases and becomes more diverse, levels of disability are also rising. The number of older adults with disabilities will increase from 1,000,000 in 2015 to 2,700,000 in later years.
(c) California’s unpaid family caregivers are the linchpin to our service delivery system.
Nearly 4,500,000 unpaid caregivers provide support to family members, friends, and neighbors in our state, valued at fifty-seven billion dollars ($57,000,000,000) annually.
(d) Throughout the system, individuals struggle to access accurate information and connect to services and supports in a seamless and timely manner. While a number of programs operate at the local level, the system is highly fragmented, making it difficult to navigate the system and access available and appropriate services at the time when the care is most needed.
(e) The increase in the population and diversity of older adults and people with disabilities carries significant implications for service delivery, system financing, and workforce capacity.
(f) At the federal level, the United States Department of Health and Human Services (HHS) established the federal Administration for Community Living (ACL) in 2012, bringing together the federal Administration on Aging (AoA), the federal Administration on Intellectual and Developmental Disabilities (AIDD), and the HHS Office on Disability to serve as the federal agency responsible for increasing access to community supports, while focusing attention and resources on the unique needs of older Americans and people with disabilities across their lifespan. ACL focuses on the needs of both the aging and disability populations, enhancing access to quality health care and long-term services and supports for all individuals, and promoting consistency in community living policy across other areas of the federal government.
(g)The ACL model presents an
opportunity for California to better coordinate service delivery through administrative reorganization.
SEC. 3.
Section 9002 of the Welfare and Institutions Code is amended to read:9002.
The Legislature finds and declares all of the following:(a) Programs shall be initiated, promoted, and developed through all of the following:
(1) Volunteers and volunteer groups.
(2) Partnership with local governmental agencies.
(3) Coordinated efforts of state agencies.
(4) Coordination and cooperation with federal programs.
(5) Partnership with private health and social
service agencies, community benefit organizations, and health plans.
(6) Participation by older adults in the planning and operation of all programs and services that may affect them.
(b) It shall be the policy of this state to give attention to the unique concerns of older adults with the greatest social and economic needs.
(c) Recognizing the diversity in geography, economy, culture, and lifestyles in California and the diversity of local older adult networks, it shall be the policy of this state to encourage and emphasize local control to achieve the most effective blend of state and local authority.
(d) In recognition of the many governmental
programs serving older adults, and as specified in paragraph (2) of subdivision (c) of Section 9102, the California Department of Aging should coordinate, as existing resources permit, with other state departments in doing all of the following:
(1) Promote clear and simplified access to information assistance and services arrangements.
(2) Ensure that older adults retain the right of free choice in planning and managing their lives.
(3) Ensure that health and social services are available to do all of the following:
(A) Allow older adults to live independently at home or with others.
(B) Provide
for advocacy for expansion of existing programs that prevent or minimize illness or social isolation, and allow individuals to maximize their dignity and choice of living.
(C) Provide for protection of older individuals from physical and mental abuse, neglect, and fraudulent practices.
(4) Foster both preventive and primary health care, including mental and physical health care, to keep older adults active and contributing members of society.
(5) Encourage public and private development of suitable housing.
(6) Develop and seek support for plans to ensure access to information, counseling, and screening.
(7) Encourage public and private development of suitable housing and recreational opportunities to meet the needs of older
adults.
(8) Encourage development of efficient community services including access to low-cost transportation services, that provide a choice in supported living arrangements and social assistance in a coordinated manner and that are readily available when needed.
(9) Encourage and develop meaningful employment opportunities for older adults.
(10) Encourage the development of barrier-free construction and the removal of architectural barriers, so that more facilities are accessible to older individuals.
(11) Promote development of programs to educate persons who work with older adults.
(12) Encourage and support intergenerational programming and participation by community organizations and institutions to promote better understanding among the generations.
(e) The California Department of Aging shall ensure that, to the extent possible, the services provided for in accordance with this division shall be coordinated and integrated with services provided to older adults by other entities of the state. That integration may include, but not be limited to, the reconfiguration of state departments into a coordinated unit that can provide for multiple services to the same consumers. Services provided under this division shall be managed, directly or through contract, by local area agencies on aging or other local systems.
SEC. 4.
Section 9100 of the Welfare and Institutions Code is amended to read:9100.
(a) There is in the California Health and Human Services Agency, the California Department of Aging.(b) The department’s mission is to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments.
(c) (1) In fulfilling its mission, the department shall develop minimum standards for service delivery to ensure that its programs meet consumer needs, operate in a cost-effective manner, and preserve the independence and dignity of aging Californians. In accomplishing its
mission, the department shall consider available data and population trends in developing programs and policies, collaborate with area agencies on aging, the commission, and other state and local agencies, and consider the views of advocates, consumers and their families, and service providers.
(2) The department shall report the California Elder Economic Security Standard Index data for each service area in its state plan and use it as a reference when making decisions about allocating its existing resources, but only if the California Elder Economic Security Standard Index is updated and made available to the department, and if the available public data used to calculate each Elder Economic Security Standard Index data element is calculated and updated for each California county and made available to the department in a format that displays
each county’s specific data.
(d) The minimum standards for the department programs shall ensure that the system meets all of the following requirements:
(1) Have the flexibility to respond to the needs of individuals and their families and caregivers.
(2) Provide for consumer choice and self-determination.
(3) Enable consumers to be involved in designing and monitoring the system.
(4) Be equally accessible to diverse populations regardless of income, consistent with state and federal law.
(5) Have consistent statewide policy, with local choice, control,
and implementation.
(6) Include preventive services and home- and community-based support.
(7) Have cost containment and fiscal incentives consistent with the delivery of appropriate services at the appropriate level.
SEC. 5.
Section 9101 of the Welfare and Institutions Code is amended to read:9101.
(a) The department shall consist of a director, and any staff as may be necessary for proper administration.(b) The department shall maintain its main office in Sacramento.
(c) The Governor, with the consent of the Senate, shall appoint the director. The Governor shall consider, but not be limited to, recommendations from the commission.
(d) The director shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code, and shall receive the salary provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(e) The director shall do all of the following:
(1) Be responsible for the management of the department and achievement of its statewide goals.
(2) Assist the commission in carrying out its mandated duties and responsibilities in accordance with Section 9202.
(3) Coordinate with other state agencies that provide services to older adults, people with disabilities, and caregivers, including, but not limited to, the entities listed in subdivision (f).
(f) The Secretary of California Health and Human Services shall ensure
effective coordination among departments of the agency in carrying out the mandates of this division. For this purpose, the secretary shall regularly convene meetings concerning services to older adults that shall include, but not be limited to, the State Department of Health Care Services, the State Department of Social Services, the Department of Rehabilitation, the State Department of Public Health, and the department.
(g) The Secretary of California Health and Human Services shall also encourage other state entities that have other programs for older adults to actively participate in periodic joint meetings for the joint purpose of coordinating service activities. These entities shall include, but not be limited to, the Department of Housing and Community Development, the Department of Parks and Recreation in the Natural Resources Agency,
the Transportation Agency, the California Arts Council, and the Department of Veterans Affairs.
SEC. 6.
Section 9101.5 of the Welfare and Institutions Code is repealed.SEC. 7.
Section 9102 of the Welfare and Institutions Code is amended to read:9102.
The duties and powers of the department shall be as follows:(a) To administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing leadership and technical assistance to the local area agencies on aging that provide aging, including ongoing oversight, monitoring, and service quality evaluation of those agencies to ensure that service providers are
meeting standards of service performance established by the department. This shall include, but is not limited to, all of the following:
(1) Setting program standards and providing standard materials for training.
(2) Providing technical assistance to area agencies on aging, program managers, staff, and volunteers providing services.
(3) Development of the state plan on aging according to federal law.
(4)Partnering with other state departments, the area agencies on aging, and other stakeholders in developing and maintaining an electronic clearinghouse of information of available statewide services and supports for older adults and people with disabilities and providing referral services, if appropriate.
(4) Maintain a clearinghouse of information related to the interests and needs of older individuals and provide referral services, if appropriate.
(5) Maintain a management information and reporting system; including a database on service utilization patterns and demographic characteristics of the older population to be cross-classified by age, sex, race, and other information required for the planning process, and eliminate redundant and unnecessary reporting requirements.
(6) Encourage and support the involvement of volunteers in services to older individuals.
(7) Seek ways to utilize the private sector to assume greater responsibility in meeting the needs of older individuals.
(8) Encourage internships to be coordinated with schools of gerontology or related disciplines, including internships for older individuals.
(b) The department shall have primary responsibility for
dispersing information and providing technical assistance to the area agencies on aging.
(c) The department shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term services and supports needs of older adults and persons with disabilities, consistent with its mission. The responsibilities shall include, but not be limited to, all of the following:
(1) Conduct research in the areas of alternative social and health care systems for older individuals.
(1)
(2) As specified in Section 9002, coordinate with agencies and departments that administer health, social, and related services to older adults and people with disabilities for the purposes of developing and applying policy standards consistently across the system, and opportunities for resources that policy development, development of care standards, consistency in application of policy, and evaluation of alternative uses of available resources toward greater effectiveness in service delivery, including seeking additional federal and private dollars to support achievement of program system goals in
developing integrated, coordinated systems of care.
(2)
(3) Monitor and evaluate programs and services administered by the department, utilizing standardized methodology.
(3)
(4) Develop and implement training and technical assistance programs designed to achieve program goals.
(4)
(5) Establish criteria for the designation, sanctioning sanctioning, and defunding of area agencies on aging.
(d) In conjunction with the management information and reporting system required under paragraph (5) of subdivision (a), beginning in the 2006 calendar year, the department shall annually submit by January 10 of each year, to the budget, fiscal, and policy committees of the Legislature, and the Legislative Analyst, all of the following information:
(1) The number of persons served statewide
in each of the prior and current fiscal years for each state or federally funded program or service administered by the department. This information shall also be provided for each Area Agency on Aging service area.
(2) To the extent feasible, the number of unduplicated persons served statewide in the prior and current fiscal years for all state or federally funded programs and services administered by the department. To the extent feasible, this information shall also be provided for each Area Agency on Aging service area.
(3) Total estimated statewide expenditures in the prior, current, and budget fiscal years for each state or federally funded program or service administered by the department. This information shall also be provided for each Area Agency on Aging service area.
(e) The report required by subdivision (d) shall be suspended until the 2010–11 fiscal year. In lieu of that information, the department shall submit to the budget, fiscal, and policy committees of the Legislature, and the Legislative Analyst, by March 1 of each year, copies of the program factsheets for each state and federal program administered by the department. The department shall update the information included in the program factsheets annually, before submitting them as required by this subdivision.
SEC. 8.
Section 9103 of the Welfare and Institutions Code is amended to read:9103.
The Legislature finds and declares all of the following:(a) Recent studies have shown that lifelong experiences of marginalization place lesbian, gay, bisexual, and transgender (LGBT) older adults at high risk for isolation, poverty, homelessness, and premature institutionalization. Moreover, many LGBT older adults are members of multiple underrepresented groups, and and, as a result, are doubly marginalized. Due to these factors, many LGBT older adults avoid accessing elder programs and services,
even when their health, safety, and security depend on it.
(b) LGBT older adults often lack social and family support
networks available to non-LGBT older adults. They may face particular health risks, as disease prevention strategies often ignore LGBT older adults, and HIV and AIDS drug trials generally do not include older participants.
(c) LGBT older adults are denied many vital financial benefits provided to heterosexual married couples. For example, surviving same-sex partners are denied the social security benefits that married couples are provided, and may face heavy taxes on the transfer of assets upon the death of a partner. Moreover, even under California law, LGBT older adults are denied equal long-term care insurance protections. This costs LGBT older adults hundreds of millions of dollars each year in lost benefits.
(d) The number of people 65 years of age and
older in California is estimated to double to 6.5 million by the year 2020, thereby increasing the number of LGBT older adults who are receiving inadequate services.
(e) Ensuring that the needs of LGBT older adults as well as other underrepresented groups are adequately assessed during the planning and development of programs and services will increase access to the programs administered by the California Department of Aging and the area agencies on aging.
(f) California leads the nation in the protections it affords to LGBT persons. As the failure to meet the needs of LGBT older adults is a problem of national scope, including LGBT older adults and other underrepresented groups in need of assessment and area plan process will help the state to be a model for change in other states
and at the federal level.
SEC. 9.
Section 9105.1 of the Welfare and Institutions Code is amended to read:9105.1.
The department, in partnership with the area agencies on aging, the Department of Rehabilitation, any independent living centers, any contractor selected to implement the federal Assistive Technology Act of 1998 (Public Law 105-394), and any organization that serves older adults and people with disabilities, may develop and provide consumer advice regarding home modification for older adults and people with disabilities.SEC. 10.
Section 9113 of the Welfare and Institutions Code is repealed.SEC. 11.
Section 9115 of the Welfare and Institutions Code is repealed.SEC. 12.
Section 9115 is added to the Welfare and Institutions Code, to read:9115.
The Legislature finds and declares all of the following:(a) According to a 2015 analysis of federal and state poverty data under the Supplemental Poverty Measure, 45 percent of adults over 65 years of age have incomes below 200 percent of the 2013 poverty threshold.
(b) Over one-third of households with an older adult face a high housing cost burden.
(c) As of 2016, 50 percent of homeless adults are over 50 years of age.
(d) Forty-four percent of all homeless older adults became homeless after 50
years of age.
(e) Older adults face special challenges when faced with housing insecurity, such as accessibility needs, physical limitations, cognitive limitations, and difficulty accessing benefits.
SEC. 13.
Section 9118 of the Welfare and Institutions Code is repealed.SEC. 14.
Section 9118 is added to the Welfare and Institutions Code, to read:9118.
The Legislature finds and declares all of the following:(a) The talents of our older adults will prove to be vital to the prosperity and well-being of California.
(b) California’s older adults possess experience and perspective that can be expanded through strong organizational associations.
(c) California’s older adults represent enormous civic potential, and they are underutilized.
(d) California’s older adults should be provided opportunities for civic involvement.
(e) The AARP reports that two-thirds of its senior corps volunteers reported a decrease in isolation upon volunteering.
(f) Sixty-seven percent of older adults who volunteer report that their social connectedness has increased because of the volunteer work.
(g) Volunteering has been shown to reduce self-reported symptoms of depression in older adults.
(h) Volunteer organizations maintain support for older adults and leverage individual interests and abilities through established community involvement
(i) Volunteering or donating time to nonprofit organizations may be an ideal low-cost strategy to help improve health among older adults.
(j) Volunteer roles that accommodate the variability of individual capabilities are likely to attract older volunteers who commit more and largely benefit from their experience.
(k) California’s older adults should be provided an array of volunteer opportunities to ensure the choice and flexibility of engagement.
(l) Extended periods of productivity in older adults contributes to improved health conditions and emotional well-being.
(m) Volunteer organizations are an investment in human capital and support the advancement of California’s older adult
adults and community at large.
SEC. 15.
Section 9118.5 of the Welfare and Institutions Code is repealed.The Director of the California Department of Aging shall appoint all necessary staff to carry out the provisions of this article.
SEC. 17.SEC. 16.
Section 9253 of the Welfare and Institutions Code is repealed.SEC. 18.SEC. 17.
Section 9320 of the Welfare and Institutions Code is amended to read:9320.
(a) The department shall establish a task force to study and make recommendations, including action steps and timelines, on the improvement of legal services delivery to older adults in California by exploring the following matters:(1) Actions to ensure that all area agencies on aging allocate sufficient funding to local legal assistance providers. Actions may include, but not be limited to, the establishment of a minimum percentage of area agency on aging funding for legal assistance providers in California.
(2) Ways to ensure uniformity in the provision of legal services throughout
the state, including, but not limited to, possible development of uniform statewide standards for the delivery of legal services in California.
(3) Measures to evaluate and monitor local legal assistance programs to ensure compliance with the federal Older Americans Act and its implementing regulations.
(4) Establishment of statewide reporting system to assess the effectiveness of a legal assistance program for older adults in the state.
(5) The possible establishment of a statewide legal hotline for older adults.
(6) Opportunities to enhance communications among the various service providers and to ensure efficient service delivery involving local
programs and a statewide hotline, should it come into existence.
(7) Opportunities for joint training for legal older adult services advocates around the state.
(8) Other states’ legal services delivery networks.
(b) The director shall serve on or appoint a representative to the task force, and shall appoint the following additional members:
(1) One member of the Legislature or their representative.
(2) Three legal service director representatives of existing legal service programs for older adults.
(3) The Legal Services Developer at the
California Department of Aging.
(4) Two area agency on aging directors.
(5) Two representatives of older adult advocacy organizations.
(6) A representative of the State Bar of California.
(c) The Member of the Legislature, or their representative, shall serve on the task force to the extent that the service is compatible with the duties of a Member of the Legislature.
(d) The task force shall report and make its recommendations to the Legislature on or before September 1, 2002.
SEC. 19.SEC. 18.
Section 9400 of the Welfare and Institutions Code is amended to read:9400.
(a) The Legislature hereby declares and recognizes the area agencies on aging to be the local units on aging in California that are supported from an array of sources, including federal funding largely through the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), state and local governmental assistance, the private sector, and individual contributions for services.(b) Area agencies on aging shall operate in compliance with the Older Americans Act and applicable regulations.
(c) Each area agency on aging shall maintain a professional staff that
is supplemented by volunteers, governed by a board of directors or elected officials, and whose activities are reviewed by an advisory council consisting primarily of older individuals from the community.
(d) (1) Each area agency on aging shall create a plan that considers available data and population trends, assesses the needs for services provided under this division reflective of the community needs, identifies sources for funding those services, and develops and implements a plan for delivery of those services based on those needs. Each plan shall include developing area home- and community-based systems of care that maintain individuals in their own homes or least restrictive environment, providing better access to these services through information and referral, outreach, and transportation, and
advocating for the elderly on local, state, and national levels.
(2) Each plan shall use the California Elder Economic Security Standard Index as a reference when making decisions about allocating existing resources to specify the costs in the private market of meeting the basic needs of elders in each planning and service area. This paragraph shall be implemented only if the California Elder Economic Security Standard Index is updated and made available to the area agencies on aging, and if the available public data used to calculate each California Elder Economic Security Standard Index data element is calculated and updated using county level information specific to each California county and made available to the area agencies on aging in a format that displays each county’s specific data.
(e) Area agencies on aging shall function as the community link at the local level for development of home- and community-based services provided under the department’s programs.
(f)Area agencies on aging shall provide input to the California Department of Aging on initiatives at the state level impacting older adults.
(g)
(f) The area agencies on aging shall implement subdivision (b) of Section 9100 at the local level, with particular emphasis on coordinating
with the local systems to enable individuals to live out their lives with maximum independence and dignity in their own homes and communities through the development of comprehensive and coordinated systems of home- and community-based care. This division shall not preclude local determination and designation of service coordinators other than area agencies on aging, for development and implementation of the long-term care integration pilot projects set forth in Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9.
(h)
(g) In fulfilling their mission, area
agencies on aging shall build upon the resources and the commitment unique to each community and shall be guided by a 10-point description of a community-based system that shall do all of the following:
(1) Have a visible focal point of contact where anyone can go or call for help, information, or referral on any aging issue.
(2) Provide a range of service options.
(3) Ensure that these options are readily accessible to all older individuals, whether independent, semi-independent, or totally dependent, no matter what their income.
(4) Include a commitment of public, private, and voluntary resources committed to supporting the system.
(5) Involve collaborative decisionmaking among public, private, voluntary, religious, and fraternal organizations, as well as older adults and consumers in the community.
(6) Offer special help or targeted resources for the most vulnerable older adults, those in danger of losing their independence.
(7) Provide effective referral from agency to agency to ensure that information or assistance is received, regardless of how or where contact is made in the community.
(8) Evidence sufficient flexibility to respond with appropriate individualized assistance, especially for the vulnerable older individuals.
(9) Have a unique character that is tailored to the specific nature of the community.
(10) Be directed by leaders in the community who have the respect, capacity, and authority necessary to convene all interested persons to assess needs, design solutions, track overall success, stimulate change, and plan community responses for the present and for the future.
SEC. 20.SEC. 19.
Section 9501 of the Welfare and Institutions Code is amended to read:9501.
(a) The department shall allocate any new funds to area agencies on aging based upon the existing intrastate funding formula, but without regard to subdivision (b) of Section 9112.(b) Funds may be expended by area agencies on aging for any of the following purposes:
(1) To serve older individuals on waiting lists.
(2) To increase the number of days per week that meals are provided under the Home-Delivered Meals Program from five to seven.
(3) To provide modified
diets specific to the needs of individuals being served by the Home-Delivered Meals Program.
(4) To establish an active outreach program to ensure that California’s older adults are aware of the availability of home-delivered meals services.
(5) For capital outlay to expand the physical capacity of local needs programs to serve unmet need.
(6) To fund transportation costs related to the delivery of home-delivered meals.
(7) To otherwise deal with the unmet home-delivered nutrition needs identified by the area agency on aging in accordance with the criteria developed by the department pursuant to this subdivision.
(c) The department shall encourage area agencies on aging to include in the home-delivered meals programs alternative service models designed to reduce the social isolation of older individuals who are economically and nutritionally disadvantaged and who do not have permanent housing.
SEC. 21.SEC. 20.
Section 9530.5 of the Welfare and Institutions Code is amended to read:9530.5.
Consistent with Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9, the Legislature reaffirms the need to restructure the array of categorical programs that offer medical, social, and other support services that are funded and administered by a variety of federal, state, and local agencies. It is in the interest of the state, as a whole, to address the duplication and fragmentation of the long-term care system and the home- and community-based services needs of older adults and adults with functional impairments. Ideally, individuals needing long-term care should be able to access the health and social services system through a central point of entry, disclose basic demographic information, and be referred to the appropriate sources for assessment, care planning, and purchase of services.SEC. 22.SEC. 21.
Section 9531 of the Welfare and Institutions Code is amended to read:9531.
(a) This chapter establishes the Community-Based Services Network.(b) It is the intent of the Legislature that a Community-Based Services Network be initiated by the department in order to do all of the following:
(1) Locally integrate the state-funded community-based services programs, specified in this division, for older adults and adults with functional impairments.
(2) Provide increased local flexibility in setting priorities for the services contained within the six state General Fund programs specified in Sections
9542 to 9547, inclusive.
(3) Contract responsibility for local management of the state-funded community-based services programs specified in Chapter 7.5 (commencing with Section 9540) to participating area agencies on aging.
(c) Each participating area agency on aging shall ensure the continuation of the funding match currently required for the community-based services programs specified in Chapter 7.5 (commencing with Section 9540). The match may consist of either cash or in-kind services.
(d) Each participating area agency on aging shall have responsibility for local program management of the community-based services programs specified in Chapter 7.5
(commencing with Section 9540).
(e)The California Department of Aging shall provide area agencies on aging the flexibility to develop and manage programs based on local need, which includes providing the block granting of funds for the following types of programs specified under Chapter 7.5 (commencing with Section 9540):
(1)Access to healthy and nutritious foods.
(2)Economic security.
(3)Intergenerational programming.
(4)Intergeneration of social and health care service delivery and coordination.
(5)Social connectedness.
(6)Culturally and linguistically relevant programming.
SEC. 23.SEC. 22.
Section 9532 of the Welfare and Institutions Code is amended to read:9532.
In addition to the definitions already contained in this division, the following definitions apply to this chapter:(a) “Adult with functional impairment” means an adult 18 years of age or older, who is at risk of institutional placement due to a chronic physical and mental disability, including disabilities caused by organic disorders or diseases, that restrict the individual’s ability to independently perform activities of daily living, who has an inadequate informal or formal support network, and who has to leave their home without supportive home- and community-based services.
(b) “Community-based
services programs” means the programs specified in Chapter 7.5 (commencing with Section 9540).
(c)“Community-Based Services Network” means the contracting of state funds and local management responsibility for the community-based services programs specified in Chapter 7.5 (commencing with Section 9540) to area agencies on aging.
(d)
(c) “Local program management” means the area agency on aging’s responsibility to oversee the operation of programs
specified in Chapter 7.5 (commencing with Section 9540).
(e)
(d) “Participating area agency on aging” means an area agency on aging that contracts with the department pursuant to this chapter.
SEC. 24.SEC. 23.
Section 9535 of the Welfare and Institutions Code is amended to read:9535.
Area agencies on aging shall be responsible for, but not limited to, all of the following:(a) Contracting with the department to locally manage the community-based programs specified in and in accordance with the requirements of this chapter and Chapter 7.5 (commencing with Section 9540).
(b) Integrating the community-based services programs contracted under this chapter into the local area plan development process.
(c) Where the area agency on aging proposes to redirect funding under this chapter, the area agency shall ensure that it has
submitted its recommendations to a locally formed advisory committee, that shall include consumers of long-term care services, representatives of local organizations of older adults, adults with functional impairments, representatives of employees who deliver direct long-term care services, and representatives of organizations that provide long-term care services. At least one-half of the members of the advisory committee shall be consumers of services provided under this chapter or their representatives.
(d) In addition, where the area agency on aging proposes to redirect funding under this chapter, an administrative action plan shall be developed and shall receive the approval of the area agency’s governing board, which shall consider the input received pursuant to subdivision (c). The administrative action plan shall receive the
governing board’s approval prior to submission to the department for final state approval. The administrative action plan shall be an update to the area plan.
(e) Effective in the 1999–2000 fiscal year, and except for the health insurance counseling and advocacy program, determining which of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540) and contracted under the authority in this chapter will continue to be funded and the amount of funding to be allocated for that purpose.
(f) Subject to Section 9534, providing directly, through contracts with other local governmental entities, or through competitively procured contracts, the community-based services programs.
(g) When
required pursuant to Chapter 875 of the Statutes of 1995, and subject to the annual Budget Act, relinquishing funding originally contracted under this chapter and the associated local management of the community-based services programs, and except for the health insurance counseling and advocacy program, to the long-term care integration pilot program.
(h) Monitoring direct services contract performance and ensuring compliance with the requirements of this chapter and any other relevant state or federal laws or regulations and the nondiscrimination requirements set forth under Article 9.5 (commencing with Section 4135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
(i) Appropriately expending and accounting for all funds associated with this chapter and
providing access to all program books of account and other records to state auditors.
(j) Maintaining a systematic means of capturing and reporting to the department all required community-based services program data, specified in paragraph (5) of subdivision (a) of Section 9102.
(k) The governing body of each participating area agency shall establish a process within its area plan for requesting and providing a hearing for the programs specified under this chapter and Chapter 7.5 (commencing with Section 9540). A hearing shall be provided upon the request of either provider whose existing direct services contract is either terminated prior to its expiration date or reduced in scope outside of the state or federal budget process, or any applicant that is not selected in a direct service
contract procurement process due to the alleged presence of a conflict of interest, procedural error or omission in solicitation request, or the lack of substantial evidence to support the award.
SEC. 25.SEC. 24.
Section 9540 of the Welfare and Institutions Code is amended to read:9540.
It is the intent of the Legislature to ensure that older adults and adults with functional impairments receive needed services that will enable them to maintain the maximum independence permitted by their functional ability and remain in their own home or communities for as long as possible. Except where otherwise provided, community-based services programs under the Community-Based Services Network shall meet all of the minimum requirements specified in this chapter.SEC. 26.SEC. 25.
Section 9541 of the Welfare and Institutions Code is amended to read:9541.
(a) The Legislature finds and declares all of the following:(1) The purpose of the Health Insurance Counseling and Advocacy Program is to provide Medicare beneficiaries and those imminent of becoming eligible for Medicare with counseling and advocacy as to Medicare, private health insurance, and related health care coverage plans, on a statewide basis, and preserving service integrity.
(2) Lack of health insurance literacy skills can lead to misinformation or mismatched insurance needs.
(3) As health care options become
increasingly complex, the Health Insurance Counseling and Advocacy Program plays a vital role in clarifying all aspects of the Medicare program Program to the beneficiary served.
(b) The department shall be responsible for, but not limited to, doing both of the following:
(1) To act as a clearinghouse for information and materials relating to Medicare, managed care, health and long-term care related life and disability insurance, and related health care coverage plans.
(2) To develop additional information and materials relating to Medicare,
managed care, and health and long-term care related life and disability insurance, and related health care coverage plans, as necessary.
(c) Notwithstanding the terms and conditions of the contracts, direct services contractors shall be responsible for, but not limited to, all of the following:
(1) Advising, educating, and empowering Medicare beneficiaries to make informed choices among the array of options to best fit their needs.
(2) Community education to the public on Medicare, long-term care planning, private health and long-term care insurance, managed care, and related health care coverage plans.
(3) Counseling and informal advocacy with respect to
Medicare, long-term care planning, private health and long-term care insurance, managed care, and related health care coverage plans.
(4) Referral services for legal representation or legal representation with respect to Medicare appeals, Medicare related managed care appeals, and life and disability insurance problems. Legal services provided under this program shall be subject to the understanding that the legal representation and legal advocacy shall not include the filing of lawsuits against private insurers or managed health care plans. In the event that legal services are contracted for by the agency separately from counseling and education services, a formal system of coordination and referral from counseling services to legal services shall be established and maintained.
(5) Educational services supporting long-term care educational activities aimed at the general public, employers, employee groups, older adult organizations, and other groups expressing interest in long-term care planning issues.
(6) Educational services emphasizing the importance of long-term care planning, promotion of self-reliance and independence, and options for long-term care.
(7) To the extent possible, support additional emphasis on community educational activities that would provide for announcements on television and in other media describing the limited nature of Medicare, the need for long-term care planning, the function of long-term care insurance, and the availability of counseling and educational literature on those subjects.
(8) Recruitment, training, coordination, and registration, with the department, of health insurance counselors, including a large contingent of volunteer counselors designed to expand services as broadly as possible.
(9) A systematic means of capturing and reporting all required community-based services program data, as specified by the department.
(d) Participants who volunteer their time for the health insurance counseling and advocacy program may be reimbursed for expenses incurred, as specified by the department.
(e) The department, the Department of Managed Health Care, and the Department of Insurance shall jointly develop interagency procedures
for referring and investigating suspected instances of misrepresentation in advertising or sales of services provided by Medicare, managed health care plans, and life and disability insurers and agents.
(f) (1) A health insurance counselor shall not provide counseling services under this chapter, unless the health insurance counselor is registered with the department.
(2) A registered volunteer health insurance counselor shall not be liable for a negligent act or omission in providing counseling services under this chapter. Immunity shall not apply to health insurance counselors for any grossly negligent act or omission or intentional misconduct.
(3) A registered volunteer health insurance counselor shall
not be liable to any insurance agent, broker, employee thereof, or similarly situated person, for defamation, trade libel, slander, or similar actions based on statements made by the counselor when providing counseling, unless a statement was made with actual malice.
(4) Before providing any counseling services, a health insurance counselor shall disclose, in writing, to a recipient of counseling services pursuant to this chapter that the counselor is acting in good faith to provide information about health insurance policies and benefits on a volunteer basis, but that the information shall not be construed to be legal advice, and that the counselor is generally not liable unless their acts and omissions are grossly negligent or there is intentional misconduct on the part of the counselor.
(5) The department shall not register any applicant under this section unless the applicant has completed satisfactorily satisfactorily completed training that is approved by the department, and that consists of at least 24 hours of training that shall include, but is not limited to, all of the following subjects:
(A) Medicare.
(B) Life and disability insurance.
(C) Managed care.
(D) Retirement benefits and principles of long-term care planning.
(E) Counseling skills.
(F) Any other subject determined by the department to be necessary to the provision of counseling services under this chapter.
(6) The department shall not register any applicant under this section unless the applicant has completed all training requirements and has served an internship of cocounseling of at least 10 hours with an experienced counselor and is determined by the local program manager to be capable of discharging the responsibilities of a counselor. An applicant shall sign a conflict of interest and confidentiality agreement, as specified by the department.
(7) A counselor shall not continue to provide health insurance counseling
services unless the counselor has received continuing education and training, in a manner prescribed by the department, on Medicare, managed care, life and disability insurance, and other subjects during each calendar year.
(a)The California Department of Aging shall assess annually a fee of not less than one dollar and forty cents ($1.40), but not more than one dollar and sixty-five cents ($1.65), on a health care service plan for each person enrolled in a health care service plan as of December 31 of the previous year under a prepaid Medicare program that serves Medicare eligible beneficiaries within the state, and on a health care service plan for each enrollee under a Medicare supplement contract, including a Medicare Select contract, as of December 31 of the previous year, to offset the cost of counseling Medicare eligible beneficiaries on the benefits and programs available through health maintenance organizations instead of the traditional Medicare
provider system.
(b)All fees collected pursuant to this section shall be deposited into the State HICAP Fund for the implementation of the Health Insurance Counseling and Advocacy Program, and shall be available for expenditure for activities as specified in Section 9541 when appropriated by the Legislature.
(c)The department may use up to 7 percent of the fee collected pursuant to subdivision (a) for the administration, assessment, and collection of that fee.
(d)It is the intent of the Legislature, in enacting this act and funding the Health Insurance Counseling and Advocacy Program, to maintain a ratio of two dollars ($2) collected from the Insurance Fund to every one dollar ($1) collected pursuant to subdivision (a).
This ratio shall be reviewed by the Department of Finance within 30 days of January 1, 1999, and biennially thereafter to examine changes in the demographics of Medicare imminent
populations, including, but not limited to, the number of citizens residing in California 55 years of age and older, the number and average duration of counseling sessions performed by counselors of the Health Insurance Counseling and Advocacy Program, particularly the number of counseling sessions regarding prepaid Medicare programs and counseling sessions regarding Medi-Gap programs, and the use of other long-term care and health-related products. Upon review, the Department of Finance shall make recommendations to the Joint Legislative Budget Committee regarding appropriate changes to the ratio of funding from the Insurance Fund and the fees collected pursuant to subdivision (a).
(e)It is the intent of the Legislature that the revenue raised from the fee assessed pursuant to subdivision (a), and according to the ratio
established pursuant to subdivision (d), be used to partially offset and reduce the amount of revenue appropriated annually
from the Insurance Fund for funding of the Health Insurance Counseling and Advocacy Program.
(f)There shall be established in the State Treasury a “State HICAP Fund” administered by the California Department of Aging for the purpose of collecting fee assessments described in subdivision (a), and for the sole purpose of funding the Health Insurance Counseling and Advocacy Program.
(g)It is the intent of the Legislature that, starting in the 2005–06 fiscal year, two million dollars ($2,000,000) of additional funding shall be made available to local HICAP programs, to be derived from an increase in the HICAP fee and the corresponding Insurance Fund pursuant to subdivision (d). Any additional funding shall only be used for local HICAP funding and shall not be used for department
or local area agencies on aging administration.
(h)In the event that federal funding for the Health Insurance Counseling and Advocacy Program is not appropriated for these services, it is the intent of the Legislature that the state and other funding collected and provided under this section for the program shall continue.
(a)The Legislature finds and declares that the purpose of the Alzheimer’s Day Care-Resource Center Program is to provide access to specialized day care resource centers for individuals with Alzheimer’s disease and other dementia-related disorders and support to their families and caregivers.
(b)The following definitions shall govern the construction of this section:
(1)“Participant” means an individual with Alzheimer’s disease or a disease of a related type, particularly the participant in the moderate to severe stages, whose care needs and behavioral problems may make it difficult for the individual to participate in existing care programs.
(2)“Other dementia-related disorders” means those irreversible brain disorders that result in the symptoms described in paragraph (3). This shall include, but is not limited to, multi-infarct dementia and Parkinson’s disease.
(3)“Care needs” or “behavioral problems” means the manifestations of symptoms that may include, but need not be limited to, memory loss, aphasia (communication disorder), becoming lost or disoriented, confusion and agitation, with the potential for combativeness, difficulty completing familiar tasks, decreased or poor judgment, withdrawal from social activities or work, and incontinence.
(4)“Alzheimer’s day care resource center” means a center developed pursuant to this section to provide a program of specialized day care for participants with dementia, their families, and caregivers.
(c)The department shall adopt policies and guidelines to carry out the purposes of this section, and the adoption thereof shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)In order to be eligible to receive funds under this section, a direct services contract applicant shall do all of the following:
(1)Provide a program and services to meet the special care needs of, and address the behavioral problems of, participants.
(2)Provide adequate and appropriate staffing to meet the nursing, psychosocial, and recreational needs of participants. Staffing shall include, but need not be limited to, social workers, volunteers, and other professionals.
(3)Provide physical facilities that include the safeguards necessary to protect the participants’ safety.
(4)Provide a program for assisting individuals who cannot afford the entire cost of the program. This may include, but need not be limited to, utilizing additional funding sources to provide supplemental aid and allowing family members to participate as volunteers at the facility.
(5)Utilize volunteers and volunteer aides and provide adequate training for those volunteers.
(6)Provide a match of not less than 25 percent of the direct services contract amount consisting of cash or in-kind contributions, identify other potential sources of funding for the applicant’s facility, and outline plans to seek additional funding to remain solvent.
(7)Provide counseling and maintain family and caregiver support groups.
(8)Encourage family members and caregivers to provide transportation to and from the facility for participants.
(9)Concentrate on the care needs and behavior management of participants in the moderate to severe ranges of disability.
(10)Provide or arrange for a noon meal to participants, with guidance from registered dieticians.
(11)Provide access and referrals to health services for participants, such as blood pressure checks, medication management, eye exams, physicals, and other health services.
(12)Provide appropriate recreational activities for participants.
(13)Provide care coordination for participants and their families, as well as training and support groups.
(14)Serve as model centers available to other service providers for onsite training in the care of these patients.
(15)Maintain a systematic means of capturing and reporting all required community-based services program data.
(e)To the extent possible within their resources, direct services contract applicants are encouraged to:
(1)Establish contact with local educational programs, such as nursing, gerontology, and social work programs, to provide onsite training to students.
(2)Provide services to assist family members, including counseling and referrals to other resources.
(3)Involve the center in community outreach activities and provide educational and informational materials to the community.
(f)A direct services contractor shall be licensed as an adult day program, as defined in paragraph (2) of subdivision (a) of Section 1502 of the Health and Safety Code, or as an adult day health care center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and shall be subject to the requirements of this division, including this chapter, for purposes of operating an Alzheimer’s
day care resource center. If the direct services contractor surrenders its adult day program or adult day health care center license, or if the license has been terminated as a result of noncompliance with applicable licensure or certification standards, these actions shall also serve to terminate the direct services contractor’s Alzheimer’s day care resource center contract.
(g)An Alzheimer’s day care resource center that was not licensed as an adult day program or adult day health care center prior to January 1, 2005, shall be required to be so licensed by January 1, 2008. A direct services program that qualifies to operate as an Alzheimer’s day care resource center after January 1, 2005, shall be required to be licensed as an adult day program or adult day health care center.
(h)Nothing in this chapter shall be construed to prevent existing adult day care services, including adult day health care centers, from developing a specialized program under this chapter. The applicants shall meet all of the requirements for direct services contractors in this chapter and satisfactorily demonstrate that the direct services contract funding award shall be used to develop a distinct specialized program for this target population.
SEC. 29.SEC. 26.
Section 9543 of the Welfare and Institutions Code is amended to read:9543.
(a) The Legislature finds and declares that the purpose of the Brown Bag Program is to provide opportunities for sponsors and volunteers to glean through excess food stuffs that are donated, and distribute bags of food to help meet the nutritional needs of low-income older individuals.(b) For purposes of this section “low-income older individual” means a person 60 years of age or older, with an income no higher than that of the annual basic benefit level provided under the State Supplementary Program for a person who is blind, pursuant to subdivision (a) of Section 12200.
(c) If
services are being provided in compliance with subdivision (b) and it is then determined that a surplus of foodstuffs exists, the program may also provide these services to persons 60 years of age or older with an income that does not exceed 125 percent of the maximum income level for a low-income older individual, as specified in subdivision (b). The provision of services under this subdivision shall be contingent upon the availability of surplus food products, as determined by the local delivery site, and services shall be rendered within the limits of available funds. Services shall be provided to otherwise eligible low-income older individuals with incomes over the annual basic benefit level specified in subdivision (b) only after the local agency operating the program determines that the needs of low-income older individuals who meet all the requirements of subdivision (b) have been met.
(d) In order to be eligible to receive funds under this chapter, a direct services contract applicant shall meet, but need not be limited to, all of the following conditions:
(1) Provide a cash match of 25 percent and an in-kind match of 25 percent prior to receiving funds under Chapter 7 (commencing with Section 9530) and this chapter.
(2) Use matching sources that are derived from, but are not limited to, city, county, and federal funds, contributions, and private or business donations. Priority shall be given to those local programs with a larger local match. State money shall be used as a catalyst for charitable contributions, including in-kind and local community support.
(3) Operate under a board of directors, with at least one
low-income older individual as a representative, and other interested persons from the community.
(4) Provide adequate space to store food with necessary access to refrigerator and freezer storage.
(5) Utilize volunteers to distribute produce and unsold foodstuffs to low-income older individuals.
(6) Maintain a systematic means of capturing and reporting all required community-based services program data.
(e) Food distributed to older adults shall comply with county health regulations. Except for any injury resulting from gross negligence or willful act, no county or county agency established pursuant to this chapter and no person who donates
any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of the product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter.
SEC. 30.SEC. 27.
Section 9544 of the Welfare and Institutions Code is amended to read:9544.
(a) The Legislature finds and declares that the purpose of the Foster Grandparent Program shall be to provide personally meaningful volunteer community service opportunities to low-income older individuals through mentoring children with physical, developmental, or behavioral needs, in accordance with the federal National and Community Service Trust Act of 1993 (42 U.S.C. Sec. 12651 et seq.).(b) For purposes of this section, “foster grandparent volunteer” means an individual who is 60 years of age or older, has an insufficient income, as determined in accordance with Part 1208 of Title 45 of the Code of Federal Regulations, and provides at least
four hours a day, five days a week of foster grandparent services under this chapter.
(c) Direct service contractors shall meet all of the following requirements:
(1) Be a city, county, city and county, or department of the state, or any suitable private, nonprofit organization, that demonstrates the ability to provide the specified services in a variety of settings, including, but not limited to, hospital pediatric wards, facilities for the physically, emotionally, or mentally impaired, correctional facilities, schools, day care daycare centers, and residences.
(2) Recruit, select, train, and assign staff and volunteers.
(3) Provide volunteer participants with the same benefits, transportation, stipends, and income exemptions as provided to
the foster grandparent volunteers funded through the Corporation for National Service.
(4) Provide or arrange for meals, transportation, and supervision for volunteers.
(5) Provide benefits and meaningful volunteer service opportunities to low-income individuals 60 years of age and older.
(6) Serve children under 21 years of age who have special needs or who could benefit from relationships with adults.
(7) Provide services to persons, including, but not limited to, any of the following:
(A) Infants that are premature and have failed to thrive, children who have been abused and
neglected, or chronically ill children in hospitals.
(B) Children who have autism, children with cerebral palsy or with intellectual or developmental disabilities, and children who have been placed in institutions.
(C) Children with physical disabilities, children with intellectual or developmental disabilities, children with emotional challenges, or children who are socially and culturally isolated in school settings or childcare centers, children who have been neglected, and children who have been abused in residential settings.
(D) Children who are delinquent and have been placed in correctional institutions.
(E) Children under 19 years of age who have been
charged with committing, or adjudged to have committed, an offense that is the equivalent to a misdemeanor.
(8) Maintaining a systematic means of capturing and reporting all required community-based services program data.
(d) In addition to the opportunity to help children who have
physical, developmental, or behavioral needs and would benefit from relationships with adults, foster grandparent volunteers shall receive all of the following:
(1) Expenses for transportation to and from their homes and the place where they render their services or may have transportation in buses or in other transportation made available to them.
(2) One free meal during each day in which the foster grandparent renders services.
(3) Accident insurance, an annual physical examination, and a nontaxable hourly stipend.
(e) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or
in another statute.
SEC. 31.SEC. 28.
Section 9545 of the Welfare and Institutions Code is amended to read:9545.
(a) The Legislature finds and declares that the purpose of the Linkages Program shall be to provide care and case management services to at-risk older individuals and adults with functional impairments with priority for enrollment given to low-income individuals, to help prevent or delay placement in nursing facilities. For purposes of this section, “care or case management” means all of the following:(1) As appropriate, ongoing care or case management to at-risk older adults and adults with functional impairments to help prevent or delay placement in nursing facilities.
(2) Client
assessment, in conjunction with the development of a service plan with the participant and other appropriate persons, to provide for needs identified by the assessment.
(3) Authorization and arrangement for the purchase of services, or referral, with followup, to volunteer, informal, or third-party payer services. Contractors shall maximize to the fullest extent possible the use of existing services resources before using program funds to purchase services for clients. Any benefits received as a result of these purchases either shall not be considered income for purposes of programs provided for under Division 9 (commencing with Section 10000) or shall not be considered an alternative resource pursuant to Section 12301.
(4) Service and participant monitoring to determine that the services
obtained are appropriate to need, of acceptable quality, and provided in a timely manner.
(5) Followup with clients, including periodic contact and initiation of an interim assessment, if deemed necessary, prior to scheduled reassessment.
(6) Assistance to older individuals entering or returning home from nursing facilities and who need help to make the transition.
(7) Comprehensive and timely information, when necessary, to individuals and their families about the availability of community resources, to assist at-risk older adults and adults with functional impairments to maintain the maximum independence permitted by their functional ability.
(8) Short-term
specialized assistance, including timely one-time-only assistance in securing community resources, counseling, and the arrangement of an action plan, when there is a temporary probable threat to the ability of the at-risk older adult or adult with functional impairments to remain in the most independent living arrangement permitted by their functional ability.
(b) Contractors of the Linkages Program shall have experience in community long-term care services and capability to serve at-risk older adults and adults with functional impairments, and where applicable, ensure separateness of the programs and demonstrate protective measures to avoid conflict of interest.
(c) Contractors of the Linkages Program shall have a systematic means of capturing and reporting all required
community-based services program data.
(d) (1) Each county shall deposit funds collected pursuant to Section 1465.5 of the Penal Code in its general fund, to be available for use only for the support of services provided under this chapter in that county, including county administrative costs not exceeding 10 percent of the funds collected, except as otherwise provided in this subdivision. A county may join with other counties to establish and fund a program of services under this chapter.
(2) Funds utilized pursuant to this section shall not supplant, be offset against, or in any way reduce funds otherwise appropriated for the support of services provided under this chapter.
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before September 1, 2009, the department shall issue a revised program manual, program memorandum, or similar instructions to contractors regarding the prioritization of low-income individuals.
(2) Contractors shall give priority for enrollment to low-income individuals.
SEC. 32.SEC. 29.
Section 9546 of the Welfare and Institutions Code is amended to read:9546.
(a) The purpose of the Respite Program shall be to provide temporary or periodic services for older adults with severe functional or cognitive limitations to relieve persons who are providing care, or recruitment and screening of providers and matching respite providers to clients.(b) Direct services contractors shall do either one or more of the following:
(1) In acting as a respite care information and referral agency,
recruiting and screening respite providers and matching respite providers to clients. Respite care registries shall consist of the names, addresses, and telephone numbers of providers, including, but not limited to, individual caregivers, volunteers, adult day care daycare services, including adult day health care services and services provided by licensed residential care facilities for the elderly.
(2) Arranging for and purchasing respite services for program participants.
(3) Maintaining a systematic means of capturing and reporting all required community-based services program data.
(c) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute.
SEC. 33.SEC. 30.
Section 9547 of the Welfare and Institutions Code is amended to read:9547.
(a) The purpose of the Senior Companion Program shall be to provide personally meaningful volunteer community service opportunities to older adults who are low income for the benefit of adults who need assistance with activities of daily living. It is the purpose of this chapter to enable older individuals to provide care and support on a person-to-person basis to adults with special needs, such as older adults who are at risk for institutionalization, in accordance with the National and Community Service Trust Act of 1993 (42 U.S.C. Sec.(b) For the purposes of this chapter “senior companion volunteer” means an older individual who is 60 years of age or older, who is low-income, as determined in accordance with Part 1208 of Title 45 of the Code of Federal Regulations, and provides at least four hours a day, five days a week, of senior companion services under this chapter.
(c) Requirements of direct service contractors:
(1) Be a city, county, city and county, or department of the state, or any suitable private, nonprofit organization, that demonstrates the ability to provide the specified services in a variety of settings, including, but not limited to, in residential, nonresidential, institutional and in-home settings.
(2) Demonstrate the ability to recruit, select, train, and assign staff and volunteers.
(3) Provide volunteer participants with the same benefits, transportation, stipends, and income exemptions as provided to the senior companion volunteers funded through the Corporation for National Service.
(4) Provide or arrange for meals, transportation, and supervision for volunteers.
(5) Provide benefits and meaningful volunteer service opportunities to low-income individuals 60 years of age or older.
(6) Serve adults who have severe functional impairments.
(7) Provide services to, but not limited to, all of the following:
(A) Older adults who have severe functional or cognitive limitations that result in an individual’s inability to leave the home.
(B) Individuals with mental or neurological impairments who are capable of participating in activities, but have been denied access to those activities.
(C) Older adults who have withdrawn from all social interaction.
(D) Adults with physical disabilities who wish to participate in home- and community-based services programs, but who remain on waiting lists until there is an opening.
(8) Maintain a
systematic means of capturing and reporting all required community-based services program data.
(d) In addition to the opportunity to help other adults who have special needs, such as at-risk older adults, senior companion volunteers shall receive all of the following:
(1) Expenses for transportation to and from their homes and the place where they render their services or transportation in buses or in other transportation made available to them.
(2) One free meal during each day in which the senior companion renders services.
(3) Accident insurance, an annual physical examination, and a nontaxable hourly stipend.
(e) Senior companions funded under this chapter shall not be assigned to individuals already receiving in-home supportive services.
(f) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute.
SEC. 34.SEC. 31.
Chapter 9 (commencing with Section 9590) of Division 8.5 of the Welfare and Institutions Code is repealed.SEC. 35.SEC. 32.
Section 9630 of the Welfare and Institutions Code is amended to read:9630.
As part of its role in providing leadership in advocating on behalf of older individuals, the department shall make efforts to increase public awareness about areas of importance to California’s older adults, their families, and other caregivers. These efforts to increase public awareness and education may be accomplished through the use of public service announcements, radio and television commercials or infomercials, access on the internet, newspaper and other periodical editorials and letters to the editor, public and corporate symposiums, symposiums or educational efforts by public or private schools, colleges, and universities, and mass transit and outdoor signage.SEC. 36.SEC. 33.
The heading of Chapter 10.5 (commencing with Section 9650) of Division 8.5 of the Welfare and Institutions Code is amended to read:CHAPTER 10.5. Older Adult Wellness Program
SEC. 37.SEC. 34.
Section 9652 of the Welfare and Institutions Code is amended to read:9652.
“Older adult” means any person 60 years of age or older.SEC. 38.SEC. 35.
Section 9654 of the Welfare and Institutions Code is amended to read:9654.
“Older adult wellness program” means the program established pursuant to Article 2 (commencing with Section 9660).SEC. 39.SEC. 36.
The heading of Article 2 (commencing with Section 9660) of Chapter 10.5 of Division 8.5 of the Welfare and Institutions Code is amended to read:Article 2. Older Adult Wellness Program
SEC. 40.SEC. 37.
Section 9660 of the Welfare and Institutions Code is amended to read:9660.
There is in the California Department of Aging an older adult wellness program.SEC. 41.SEC. 38.
Section 9661 of the Welfare and Institutions Code is amended to read:9661.
(a) The older adult wellness program shall have all of the following functions:(1) Focus on educating California’s older adults, as well as caregivers, families, and health care professions, about the importance of living a healthy lifestyle, including, but not limited to, nutrition, exercise, injury prevention, and mental well-being.
(2) Provide information on, and help California’s culturally and ethnically diverse older adults and adults with, functional impairments.
(3) Provide educational information on the resources and
services available for older adults, from both private and public entities in communities throughout the state and the area agencies on aging. The educational material shall accommodate the diverse linguistic needs of various populations in the state, including, but not limited to, English, Spanish, Russian, Chinese, and Braille.
(4) Promote education and training for professionals and caregivers who work directly with older adults in order to maximize wellness.
(5) Generate a cultural shift to a more positive vision and expectation with respect to how aging is viewed by all Californians.
(6) Transform perceptions of aging into a more hopeful, appreciative, and aspiring mode of being.
(7) Create a new culture that cherishes each of us, including the population of older adults, adults with disabilities, our aging, our ethnic and racial diversity, our becoming elders, and our maturity.
(8) Advance the recognition of the unique status, experience, capacity, and role of older adults to become our models for guidance and inspiration.
(9) Replace the image of older adults who are “self-interested” with an image of older adults who are actively engaged and involved in their communities.
(10) Promote and mobilize older adults and adults with disabilities into emerging roles for the public benefit.
(11) Challenge the prevailing culture, to the extent that it discounts the value of age.
(12) Rid our culture of the negative attitudes toward adults who are aging and adults with disabilities.
(b) Notwithstanding Section 9663, state funds shall not be appropriated for the purpose of implementing paragraphs (5) to (12), inclusive, of subdivision (a), and the department is not required to undertake implementation of those paragraphs, unless it receives federal or private funds for that purpose.
SEC. 42.SEC. 39.
Section 9662 of the Welfare and Institutions Code is amended to read:9662.
The department shall deliver, or provide for the delivery of, older adult wellness program information through a variety of means, including, but not limited to, theSEC. 43.SEC. 40.
Section 9664 of the Welfare and Institutions Code is amended to read:9664.
(a) The Legislature finds and declares all of the following:(1) Ageism is the systematic stereotyping of, and discrimination against, persons based on age.
(2) Ageism is manifested, at both the individual and institutional levels, in a range of ways, from the perpetuation of stereotypes and myths about aging and older adults, the dislike and outright disdain of elders, and the simple subtle avoidance of contact with elders, to discriminatory practices against elders in housing, employment, and services.
(b) It is the
intent of the Legislature to enact legislation to encourage the development of partnerships addressed at combating ageism in the workplace.
SEC. 44.SEC. 41.
Section 9677 of the Welfare and Institutions Code is amended to read:9677.
The department may provide a program grant to an eligible local public agency or nonprofit organization for the services specified in Section 9678 and for the following services:(a) Provision of information and education regarding injury prevention to older adults and persons with disabilities living in the community.
(b) Comprehensive assessment of individual injury prevention needs.
(c) Consultation and instruction in the behavioral, physical, and environmental aspects of injury prevention.
(d) Mitigation of behavioral and physical factors.
SEC. 45.SEC. 42.
Section 9680 of the Welfare and Institutions Code is amended to read:9680.
(a) The director shall establish a methodology for awarding grants under this article, in consultation with groups described in subdivision (a) of Section 9679. The director shall consult with these groups to develop criteria for the award of grants and the identification of specific performance measures.(b) The criteria to be considered in the award of grants shall include, but not be limited to, all of the following:
(1) The description of a plan for providing outreach, prevention, intervention, and evaluation in a cost appropriate manner.
(2) The ability of the local level entities to engage in
collaborations with local entities for purposes of program coordination, including, but not limited to, public and private nonprofit agencies that are experienced in injury prevention services, home modification services, home safety services, and services for older adults and persons with disabilities.
(3) The ability of local level entities to gather and utilize other resources to supplant funding provided by the department.
(4) Demonstrated proficiency in, and awareness of, relevant issues in working with older adults and people with disabilities, particularly in relation to home modification and injury prevention.
(5) The description of the local population to be served, the ability to administer an effective
service program, and the degree to which local agencies and advocates will support and collaborate with program efforts.
(6) The geographical representation of the applicants.
(7) The provision of a local match in funds.
(c) The funding provided pursuant to this article shall be sufficient to provide injury prevention education and assessment services and equipment and activities necessary for injury prevention in the home.
SEC. 46.SEC. 43.
Section 9700 of the Welfare and Institutions Code is amended to read:9700.
(a) The Legislature recognizes that the department, pursuant to a grant from the federal government, has established a Long-Term Care Ombudsman Program.(b) The Legislature declares that it is the public policy of this state to encourage community contact and involvement with older adult patients or residents of long-term care facilities or residential facilities through the use of volunteers and volunteer programs, and this chapter does not limit or constrict the continuation of relationships established between ombudsmen, the older adult patients or residents of long-term care facilities or residential facilities, and the operators of these
facilities.
(c) The Legislature finds that in order to comply with the federal Older Americans Act (42 U.S.C. Sec. 3001, et seq.), as amended, and to effectively assist residents, patients, and clients of long-term care facilities in the assertion of their civil and human rights, the structure, powers, and duties of the Long-Term Care Ombudsman Program must be specifically defined.
SEC. 47.SEC. 44.
Section 9717 of the Welfare and Institutions Code is amended to read:9717.
(a) All advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. These programs include, but are not limited to, the Office of Human Rights within the State Department of State Hospitals, the Office of Patients’ Rights, Disability Rights California, and the Department of Rehabilitation’s Client Assistance Program.(b) The office shall maintain a close working relationship with the Legal Services Development Program for the Elderly within the department.
(c) In order to
ensure the provision of counsel for patients and residents of long-term care facilities, the office shall seek to establish effective coordination with programs that provide legal services for older adults, including, but not limited to, programs that are funded by the federal Legal Services Corporation or under the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), as amended.
(d) The department and other state departments and programs that have roles in funding, regulating, monitoring, or serving long-term care facility residents, including law enforcement agencies, shall cooperate with and meet with the office periodically and as needed to address concerns or questions involving the care, quality of life, safety, rights, health, and well-being of long-term care facility residents.
SEC. 48.SEC. 45.
Section 9719 of the Welfare and Institutions Code is amended to read:9719.
(a) (1) The office shall sponsor a training of representatives of approved organizations at least twice each year. The office shall provide training to these representatives as appropriate. Prior to the certification of an ombudsman by the office, individuals shall meet both of the following requirements:(A) Have a criminal offender record clearance conducted by the State Department of Social Services. A clearance pursuant to Section 1569.17 of the Health and Safety Code shall constitute clearances for the purpose of entry to any long-term care facility.
(B) Have received a minimum of 36 hours of certification training
that is approved by the office and offered by an approved
organization, which shall include training on cultural competency and sensitivity in issues relating to the underserved older adult lesbian, gay, bisexual, and transgender community.
(2) Upon receipt of an applicant’s criminal record clearance and acceptance by the office, the office shall issue a card identifying the bearer as a certified ombudsman. Each ombudsman shall receive a minimum of 12 hours of additional training annually.
(b) (1) The department shall contract with the State Department of Social Services to conduct a criminal offender record information search, pursuant to Section 1569.17 of the Health and Safety Code, for each applicant seeking certification as an ombudsman. The State Department of Social Services shall notify the
individual and the office of the individual’s clearance or denial.
(2) An applicant for certification as an ombudsman shall not be responsible for any costs associated with transmitting the fingerprint images and related information or conducting criminal record clearances.
(c) This section does not prohibit the Department of Justice from assessing a fee pursuant to Section 11105 of the Penal Code to cover the cost of searching for or furnishing summary criminal offender record information.
