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
Amended
IN
Assembly
May 16, 2024 |
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Bains |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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.
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Section 9001 of the Welfare and Institutions Code is repealed.SEC. 2.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:(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: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Section 9101.5 of the Welfare and Institutions Code is repealed.SEC. 7.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:(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.
(1)
(2)
(3)
(4)
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 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: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: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: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.(f)Area agencies on aging shall provide input to the California Department of Aging on initiatives at the state level impacting older adults.
(g)
(h)
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.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.(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:(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)
(e)
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: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:(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.