Bill Text: CA AB2636 | 2023-2024 | Regular Session | Introduced
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-Introduced.html
Introduced by Assembly Member Bains |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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Section 9001 of the Welfare and Institutions Code is repealed.The Legislature hereby finds and recognizes all of the following:
(a)Older individuals constitute a fundamental resource of the state that previously has been undervalued and poorly utilized, and ways must be found to enable older individuals to apply their competence, wisdom, and experience for the benefit of all Californians.
(b)There is a continuing increase in the number of older individuals in proportion to the total population.
(c)Today, 14 percent of California’s population currently is 60 years of age and over.
(d)By the year 2010, the first influx of baby boomers will constitute 29.2 percent of California’s total population over 60 years of age. By the year 2020, baby boomers will constitute 70.2 percent of California’s total population over 60 years of age.
(e)By the year 2020, older individuals will represent 21 percent of California’s total population.
(f)While the number of persons over 60 years of age is increasing rapidly, the number of older women, minorities and persons over the age of 75 are increasing at an even greater rate.
(g)Among persons over 75 years of age, there is a higher incidence of functional disabilities.
(h)The social and health problems of the older individual are further compounded by inaccessibility to existing services and by the unavailability of a complete range of services.
(i)Services to older individuals are administered by many different agencies and departments at both the state and local level.
(j)The planning and delivery of these services is not carried out with any degree of coordination among those agencies.
(k)Enhanced coordination reduces duplication, eliminates inefficiencies, and enhances service delivery for the consumer.
(l)The ability of the constantly increasing number of aged in the state to maintain self-sufficiency and personal well-being with the dignity to which their years of labor entitle them and to realize their maximum potential as creative and productive individuals are matters of profound importance and concern for all of the people of this state.
SEC. 2.
Section 9001 is added to the Welfare and Institutions Code, to read:9001.
The Legislature finds and declares all of the following:SEC. 3.
Section 9002 of the Welfare and Institutions Code is amended to read:9002.
The Legislature finds and declares all of the following: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.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.SEC. 6.
Section 9101.5 of the Welfare and Institutions Code is repealed.(a)(1)The University of California is requested to compile the following information:
(A)A survey of existing resources throughout California’s governmental and administrative structure that are available to address the needs of an aging society. The survey shall include, but not be limited to, a commentary on existing gaps in these resources, and projections for gaps that may occur, based on existing and future demographic trends. The survey required by this subparagraph shall be submitted to the Legislature and the Secretary of the California Health and Human Services Agency by no later than January 1, 2001. The survey shall avoid any duplication with the implementation of the report on long-term care programs required by Chapter 1.5 (commencing with Section 100145) of Part 1 of Division 101 of the Health and Safety Code.
(B)A composite demographic profile of California. The University of California shall commence the profile required by this subparagraph by January 1, 2001, and shall complete the profile no later than January 1, 2002.
(C)The development of a plan for a longitudinal data base of Californians. The University of California shall commence the development of the plan for a data base required by this subparagraph by January 1, 2002.
(D)Findings and recommendations, and steps for their implementation.
(2)This subdivision shall not apply to the University of California unless the Regents of the University of California, by resolution, make these provisions applicable.
(b)Based upon the findings, recommendations, and data presented by the University of California, as specified in subdivision (a), the Secretary of the California Health and Human Services Agency shall, with the consultation or advise of the California Commission on Aging, the California Council on Gerontology and Geriatrics, consumer groups, and other interested parties, develop a statewide strategic plan for California to address the impending demographic, economic, and social changes triggered by California’s aging and diversifying society. The secretary shall submit the completed plan to the Legislature for consideration by July 1, 2003. It is the intent of the Legislature that the department hold public hearings on the reports.
(c)The plan developed pursuant to subdivision (a) shall be periodically updated.
(d)The sum of one hundred twenty-five thousand dollars ($125,000) is hereby appropriated from the General Fund to the University of California if the University of California conducts the survey of existing resources required by subparagraph (A) of paragraph (1) of subdivision (a).
SEC. 7.
Section 9102 of the Welfare and Institutions Code is amended to read:9102.
The duties and powers of the department shall(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.
(1)Conduct research in the areas of alternative social and health care systems for older individuals.
(2)
(3)
(4)
(5)
SEC. 8.
Section 9103 of the Welfare and Institutions Code is amended to read:9103.
The Legislature finds and declares all of the following: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 servesSEC. 10.
Section 9113 of the Welfare and Institutions Code is repealed.Area agencies on aging shall maintain in effect contracts funded from appropriations made by the Budget Act of 2000 for community-based service program expansion until July 1, 2004.
SEC. 11.
Section 9115 of the Welfare and Institutions Code is amended to read:There9115.
(a) The Legislature finds and declares all of the following:
(a)
(b)(1)
(2)
(c)
(d)
SEC. 12.
Section 9118 of the Welfare and Institutions Code is repealed.The Legislature finds and declares the following:
(a)The talents of our elders will prove to be vital to the prosperity and well-being of California.
(b)California’s seniors possess an abundance of experience, perspective, wisdom, time, and goodwill that Californians fail to cherish, and to use, for our common good.
(c)Currently, persons age 55 years and older have the lowest rate of volunteerism among adults.
(d)California’s seniors represent enormous civic potential, and they are underutilized.
(e)California’s seniors should be provided opportunities for civic involvement.
SEC. 13.
Section 9118 is added to the Welfare and Institutions Code, to read:9118.
The Legislature finds and declares all of the following:SEC. 14.
Section 9118.5 of the Welfare and Institutions Code is repealed.(a)The Legislature requests that the Governor’s Office on Service and Volunteerism, in formulating its Unified State Plan for Service, and in coordination with the Corporation for National and Community Service and other involved entities including, but not limited to, the California Department of Aging and the State Department of Social Services, pursue resources to develop an Elder Corps master plan to expand opportunities for engaging California’s seniors, and to set standards for the effective training and supervision of volunteers.
(b)The master plan described in subdivision (a) should also include recommendations for exploring the feasibility of incorporating the Retired and Senior Volunteer Program as a state program authorized under the Mello-Granlund Older Californians Act pursuant to Division 5 (commencing with Section 9000).
(c)The master plan described in subdivision (a) shall be completed only if and when private funding is received for that purpose.
(d)The Legislature requests that the Governor’s Office on Service and Volunteerism work with the Corporation for National and Community Service to ensure that California’s portion of the federal funds expected to be received through President Bush’s USA Freedom Corps are used, in part, to enhance senior volunteer opportunities and intergenerational involvement, building off current programs and structures and utilizing the best practices of volunteer management.
SEC. 15.
Section 9118.6 is added to the Welfare and Institutions Code, to read:9118.6.
(a) There is in the California Department of Aging the Older Adults Volunteer Corps Support Center, which shall have the following functions:SEC. 16.
Section 9118.7 is added to the Welfare and Institutions Code, to read:9118.7.
The Director of the California Department of Aging shall appoint all necessary staff to carry out the provisions of this article.SEC. 17.
Section 9118.8 is added to the Welfare and Institutions Code, to read:9118.8.
Each planning and service area shall receive an annual allocation of two hundred thousand dollars ($200,000) in general funds annually for volunteer services, subject to appropriations by the Legislature for this purpose in the Budget Act or another statute.SEC. 18.
Section 9253 of the Welfare and Institutions Code is repealed.By June 1, 2003, pursuant to the California long-term care plan developed pursuant to Section 96 of Assembly Bill 442 of the 2001–02 Regular Session, the Long-Term Care Council shall assess the current availability of home- and community-based services, identify gaps in service availability, and evaluate changes that could be made to enable consumers to be served in the most integrated setting possible.
SEC. 19.
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 toSEC. 20.
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.(f)
(g)
SEC. 21.
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.SEC. 22.
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 ofSEC. 23.
Section 9531 of the Welfare and Institutions Code is amended to read:9531.
(a) This chapter establishes the Community-Based Services Network.SEC. 24.
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(a)
(b)
(c)“Functionally-impaired adult” means any adult 18 years of age or older, who is at risk of institutional placement due to chronic physical and mental limitations, including impairments caused by organic disorders or diseases, that restrict his or her ability to independently perform personal activities of daily living, who has an inadequate informal or formal support network, and who has to leave his or her home without supportive home- and community-based services.
SEC. 25.
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:SEC. 26.
Section 9540 of the Welfare and Institutions Code is amended to read:9540.
It is the intent of the Legislature to ensure that olderSEC. 27.
Section 9541 of the Welfare and Institutions Code is amended to read:9541.
(a) The Legislature finds and declares(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SEC. 28.
Section 9541.5 of the Welfare and Institutions Code is amended to read:9541.5.
(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.SEC. 29.
Section 9542 of the Welfare and Institutions Code is amended to read:9542.
(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.(11)
(12)
SEC. 30.
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.SEC. 31.
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(A)Premature and failure-to-thrive babies, or abused, neglected, battered, or chronically ill children in hospitals.
(B)Autistic children, children with cerebral palsy or developmentally disabled children placed in institutions for the developmentally disabled.
(C)Physically impaired children, mentally disabled children, emotionally disturbed children, developmentally disabled children, or children who are socially and culturally deprived in school settings or child care centers, dependent children, neglected children, mentally disabled children, emotionally disturbed or physically impaired children, battered or abused children in residential settings.
(D)Delinquent children or adolescents in correctional institutions.
SEC. 32.
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 toSEC. 33.
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 forSEC. 34.
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(A)Older individuals who were either formerly active and are now bedfast, too frail, or too ill to be transported to special programs.
(B)Physically impaired older individuals who cannot leave their homes due to the extent of their disabilities.
(C)Individuals who, due to functional impairments, fear of a fast-moving society, and the possibility of bodily harm, are afraid to go out.
(D)Physically impaired individuals who are capable of interacting in activities for the physically impaired, but because of their limitations have been overprotected by their guardians.
(E)Physically or mentally impaired older individuals who have become so depressed that they have withdrawn from all social interaction and are confined as a result of psychological problems.
(F)Physically impaired individuals who are eager to be enrolled in day care programs, but have to stay on waiting lists until there is an opening.