citation: WIC § 9546

text:
(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 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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 30. (SB 1249) Effective January 1, 2025.)


kind: section

code: WIC

citation: WIC § 9547

text:
(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. 12651 et seq.).

(b) For the purposes of this chapter “senior companion volunteer” means an older adult 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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 31. (SB 1249) Effective January 1, 2025.)

chapter: 7.5. Community-Based Services Programs

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 7.5. Community-Based Services Programs


citation: WIC § 9560

text:
(a) The purpose of this chapter shall be to establish a program to serve frail elderly individuals 65 years of age and older who are certifiable for placement in a nursing facility. This program shall be known as the Multipurpose Senior Services Program, and shall be structured and carried out in a manner consistent with Section 1396n(c) of Title 42 of the United States Code.

(b) This chapter clarifies the intent of the Legislature that the Multipurpose Senior Services Program shall continue:

(1) To prevent premature disengagement of older individuals from their indigenous communities and subsequent commitment to institutions.

(2) To provide optimum accessibility of various important community social and health resources available to assist active older individuals to maintain independent living.

(3) To provide that the frail older individual who has the capacity to remain in an independent living situation has access to the appropriate social and health services without which independent living would not be possible.

(4) To provide the most efficient and effective use of public funds in the delivery of these social and health services.

(5) To coordinate, integrate, and link these social and health services, including county social services, by removing obstacles that impede or limit improvements in delivery of these services.

(6) To allow the state substantial flexibility in organizing or administering the delivery of social and health services to its older individuals.

(7) To provide access to social and health services by providing information and outreach activities in the community.

history: (History: Amended by Stats. 1999, Ch. 859, Sec. 1. Effective January 1, 2000.)

chapter: 8. Multipurpose Senior Services Program

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 8. Multipurpose Senior Services Program


citation: WIC § 9561

text: Program services provided pursuant to this chapter may be purchased by program funds or received from other community sources that consist of, but are not limited to, case management services, recreation services, educational services, senior center programs, information and referral services, transportation, income maintenance counseling, housing services, outreach services, volunteer programs, legal services, home repair services, escort services, telephone reassurance services, friendly visiting services, health assessment services, psychological assessment services, nutrition services, home health services, preventive health services, mental health services, homemaker chore services, meals services, adult day care services, including adult day health care, and nonmedical respite care services.

history: (History: Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

division: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT


citation: WIC § 9562

text:
(a) This chapter shall be administered by the department, under the authority of an approved interagency agreement with the State Department of Health Services, the single state medicaid agency.

(b) To the extent permitted by federal law, each department within the Health and Welfare Agency including departments designated as single state agencies for the programs described in Section 9561, shall waive regulations and general policies and make resources available which are necessary for the administration of this chapter, upon request of the agency.


citation: WIC § 9563

text:
The department shall formulate criteria for approval and designation of local Multipurpose Senior Services Program sites. The criteria shall include, but need not be limited to, all of the following:

(a) Specifications for a social and health review team to evaluate older individuals and to ensure that continuity of social, economic, and health services is provided to maintain older individuals at the appropriate level of care.

(b) Development of social and health services necessary to maintain the older individual at the appropriate level of care.

(c) Specifications for the quality of the social and health services to be provided.

(d) Coordination and integration of the social and health services described in Section 9561.

(e) The number of local sites, which shall be consistent with the funds made available for purposes of this chapter.

(f) Coordination with local governmental and nonprofit agencies concerned with multipurpose senior services.

(g) Maximize utilization of local resources, including service provided by established community-based senior citizen organizations and information and referral networks.

(h) Specifications for the evaluation of the proposals submitted for the new local sites and for the evaluation of the local sites.

(i) Conditions for determining the need for procurement of existing sites. Notwithstanding any other provisions of law, the department is not required to procure existing sites by the competitive bidding process, unless it deems it in the best interests of the state to do so.

history: (History: Amended by Stats. 2000, Ch. 558, Sec. 1. Effective January 1, 2001.)


citation: WIC § 9564

text: Nothing in this chapter shall preclude expansion of Multipurpose Senior Services Program services if cost effectiveness is demonstrated. The expansion shall be accomplished by establishing new sites, by increasing numbers of clients served in existing sites, or by expanding the number of sites to include additional geographic regions of the state.

history: (History: Amended by Stats. 2000, Ch. 135, Sec. 171. Effective January 1, 2001.)


citation: WIC § 9565

text:
The department shall do all of the following:

(a) Enter into agreements and negotiated contracts with any nonprofit organization or governmental entity to operate the local sites, consistent with the criteria adopted pursuant to Section 9563. In letting these contracts, the department shall not anticipate future appropriations.

(b) Make grants to local sites from available funds.

(c) Monitor local sites.

(d) Cause the service sites to be evaluated in accordance with the established criteria.

(e) Seek and utilize any available federal, state, or private funds that may be available for carrying out the purposes of this chapter.

(f) Notwithstanding any other provision of law, local sites established pursuant to this chapter may contract with the Director of Health Services as Medi-Cal programs pursuant to Chapter 8 (commencing with Section 14200) of Part 3 of Division 9. Contracts with the local sites shall be deemed to be for the purposes specified in Section 14494, and may utilize funds appropriated from the Health Care Deposit Fund pursuant to Section 14157.

(g) Assist in coordinating local site programs with local governmental programs and services for older individuals.


citation: WIC § 9566

text: The department may, where necessary to ensure the effective operation of a multipurpose senior services program, advance to the program’s local government and private nonprofit administering agency, an amount not to exceed 25 percent of the estimated annual allocation to the program, under this chapter, as determined by the department pursuant to the estimated annual budget submitted by the program. Subsequent payments to the local government and private nonprofit administering agency for the Multipurpose Senior Services Program shall be prorated to reflect any advance payment made under this section.


citation: WIC § 9567

text: This chapter shall remain in effect so long as a waiver pursuant to Section 1396n(c) of Title 42 of the United States Code has been granted by the federal Department of Health and Human Services to the State Department of Health Services.


citation: WIC § 9568

text: The department shall explore options for, and obtain necessary legislative and governmental agency approvals to expand, the Multipurpose Senior Services Program. The department shall attempt to obtain the necessary federal approval to expand access to case management services into every planning and service area in the state and to improve the delivery of case management services.


citation: WIC § 9625

text:
(a) No later than June 30, 2007, each multipurpose senior center and each senior center, as defined in subdivisions (j) and (n) of Section 9591, shall develop and maintain a written emergency operations plan. This emergency operations plan shall include, but not be limited to, all of the following:

(1) Facility preparation procedures to identify the location of first aid supplies, secure all furniture, appliances, and other free-standing objects, and provide instructions for operating gas and water shutoff valves.

(2) An inventory of neighborhood resources that shall include, but not be limited to, the identification and location of all the following nearby resources:

(A) Generators.

(B) Telephones.

(C) Hospitals and public health clinics.

(D) Fire stations and police stations.

(3) Evacuation procedures, including procedures to accommodate those who will need assistance in evacuating the center. This evacuation plan shall be located in an area that is accessible to the public.

(4) Procedures to accommodate seniors, people with disabilities, and other community members in need of shelter at the senior center, in the event that other community facilities are inoperable.

(5) Personnel resources necessary for postdisaster response.

(6) Procedures for conducting periodic evacuation drills, fire drills, and earthquake drills.

(7) Procedures to ensure service continuation after a disaster.

(8) Consideration of cultural and linguistic barriers in emergency and evacuation plans, and ways to appropriately address those barriers.

(b) In the development of the emergency operations plans required by this chapter, multipurpose senior centers and senior centers shall coordinate with the Office of Emergency Services, the local area agency on aging, as defined in Section 9006, and other relevant agencies and stakeholders.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 537. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 9.5. Multipurpose Senior Centers And Senior Centers Emergency Operations Plans


citation: WIC § 9630

text: As part of its role in providing leadership in advocating on behalf of older adults, 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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 33. (SB 1249) Effective January 1, 2025.)

chapter: 10. Aging Information and Education

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 10. Aging Information and Education


citation: WIC § 9631

text:
(a) The department shall establish an Aging Information and Education Fund, from funds made available pursuant to the annual Budget Act, to implement public awareness of various issues, including at least the following areas:

(1) Medication management—to call attention to the large percentage of older individuals admitted to hospitals solely due to the mismanagement of prescribed and over-the-counter drugs, the need for proper and timely use of medications, and the role of the attending physicians in prescribing medications and their interactive potential for harm.

(2) Elder abuse prevention—to work in conjunction with state and local law enforcement entities to bring focus to the need to protect older individuals from physical, emotional, and fiduciary abuse, so that they may continue to live with peace of mind about their safety.

(3) Toll-free line for linkage to local service networks—to develop and make the public aware of a single statewide toll-free telephone number for access to local information about services available to the community for older individuals and persons with functional impairments.

(b) The sources of funding that may be used for this purpose include any nonprofit foundation, funds privately donated by individuals, and one-time-only funds designated for state operations. Nothing in this chapter shall be construed to authorize any expenditures that are not otherwise allowable by the originating source of the funding.

history: (History: Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 6. Effective January 1, 1998.)


citation: WIC § 9650

text: The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise.

history: (History: Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)

chapter: 10.5. Older Adult Wellness Program

article: 1. General

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 10.5. Older Adult Wellness Program > 1. General


citation: WIC § 9651

text: “Wellness” means optimizing opportunities for physical, social, and mental well-being throughout the course, in order to extend healthy life expectancy, productivity, and quality of life in older age.

article: 1. General


citation: WIC § 9652

text: “Older adult” means any person 60 years of age or older.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 35. (SB 1249) Effective January 1, 2025.)

article: 1. General


citation: WIC § 9653

text: “Person with a disability” means the same as the term is defined by regulations established pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended in 1992 (29 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).

article: 1. General


citation: WIC § 9654

text: “Older adult wellness program” means the program established pursuant to Article 2 (commencing with Section 9660).

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 36. (SB 1249) Effective January 1, 2025.)

article: 1. General


citation: WIC § 9660

text: There is in the California Department of Aging an older adult wellness program.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 38. (SB 1249) Effective January 1, 2025.)

article: 2. Older Adult Wellness Program

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 10.5. Older Adult Wellness Program > 2. Older Adult Wellness Program


citation: WIC § 9661

text:
(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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 39. (SB 1249) Effective January 1, 2025.)

article: 2. Older Adult Wellness Program


citation: WIC § 9662

text: 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, the internet, radio, television, and newspaper advertising, brochures, posters, and newsletters.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 40. (SB 1249) Effective January 1, 2025.)

article: 2. Older Adult Wellness Program


citation: WIC § 9663

text: This article shall be implemented only to the extent funds are made available for the purposes of this article in the annual Budget Act or another statute.

article: 2. Older Adult Wellness Program


citation: WIC § 9664

text:
(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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 41. (SB 1249) Effective January 1, 2025.)

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 10.5. Older Adult Wellness Program > 2.5. Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults


citation: WIC § 9665

text:
(a) The Legislature requests that the California Department of Aging partner with the Industry Coalition on Age Equity in Media, which is a joint coalition of the California Commission on Aging, Women in Film, and the Employment Development Department, to work with the entertainment industry in an effort to change cultural attitudes and perceptions of aging and older adults, with the goals of making the workplace more receptive to older workers and eradicating ageism in society.

(b) It is the intent of the Legislature, in enacting this act, to generate pervasive, profound, and positive changes in our culture, vision, and attitudes toward aging.

(c) State funds shall not be appropriated for purposes of implementing this section. The department is not required to undertake any new task pursuant to this section unless it receives federal or private funds for that purpose.

history: (History: Added by Stats. 2002, Ch. 541, Sec. 16. Effective January 1, 2003.)

article: 2.5. Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults


citation: WIC § 9675

text: This article shall be known and may be cited as the Program for Injury Prevention in the Home Environment.

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 10.5. Older Adult Wellness Program > 3. Program for Injury Prevention in the Home Environment


citation: WIC § 9676

text: The Program for Injury Prevention in the Home Environment is hereby established. The department, through the Senior Housing and Information Support Center in the department, shall provide grants to eligible local level entities for injury prevention information and education programs and services pursuant to this article for the purpose of increasing the awareness and prevention of injuries.

article: 3. Program for Injury Prevention in the Home Environment


citation: WIC § 9677

text:
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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 42. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9678

text:
(a) The Program for Injury Prevention in the Home Environment shall include funding for injury prevention needs, including injury prevention equipment and activities as well as material and labor costs, for homeowners and renters meeting income requirements established pursuant to subdivision (d). A local level entity selected to participate in the program shall comply with all of the requirements of this section in implementing the program.

(b) Equipment and activities covered under the program shall include all of the following:

(1) Grab bars, nonskid surfaces, shower seats, and transfer benches.

(2) Indoor and outdoor handrails.

(3) Reconfiguration of furniture and other elements of the physical home environment to reduce hazards.

(c) The payment for injury prevention equipment and services shall not exceed a seven-hundred-dollar ($700) maximum allowance per household.

(d) Eligibility for equipment and services, as described in this section, shall be limited to families, households, and individuals whose incomes do not exceed 80 percent of the county median income, with adjustments for family and household size.


citation: WIC § 9679

text:
(a) The department, in consultation with groups, including, but not limited to, the State and Local Injury Control section of the State Department of Health Services, and other groups knowledgeable and experienced in senior and disabled injury prevention, such as research-based university gerontology departments with extensive experience and work with the concept of aging in place and the benefits of home modification, a research center on gerontology, as well as local public health agencies, shall develop training and assessment tools necessary for carrying out this article.

(b) The department shall establish service standards that ensure that members of the population needing services under this article are identified and that the services provided assist them in living safely in their homes and apartments. The department shall award grants based upon compliance with these standards. The standards shall include, but not be limited to, a service planning process that is target-population based and includes both of the following:

(1) A determination of the number of clients to be served and the programs and services that will be provided to meet the injury prevention needs of those clients.

(2) Plans for services including outreach, design of injury prevention services, coordination, and access to education and assessment services.


citation: WIC § 9680

text:
(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 people 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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 43. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9681

text:
(a) Funding of projects pursuant to this article shall be subject to the appropriation of funds by the Legislature in the Budget Act or another statute.

(b) Appropriations made pursuant to subdivision (a) shall be expended to fund grants to eligible local public agencies or nonprofit organizations in an amount not to exceed one hundred fifty thousand dollars ($150,000) each.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 233. Effective January 1, 2003.)


citation: WIC § 9700

text:
(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 ombudspersons, 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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 44. (SB 1249) Effective January 1, 2025.)

chapter: 11. State Ombudsman

article: 1. Legislative Intent and Definitions

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 11. State Ombudsman > 1. Legislative Intent and Definitions


citation: WIC § 9701

text:
Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the interpretation of this chapter:

(a) “Approved organization” means any public agency or other appropriate organization that has been designated by the Office of the State Long-Term Care Ombudsman to hear, investigate, and resolve complaints made by or on behalf of patients or residents of long-term care facilities relating to matters that may affect the health, safety, welfare, and rights of these patients or residents.

(b) “Long-term care facility” means any of the following:

(1) Any nursing or skilled nursing facility, as defined in Section 1250 of the Health and Safety Code, including distinct parts of facilities that are required to comply with licensure requirements for skilled nursing facilities.

(2) Any residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code.

(c) “Office” means the Office of the State Long-Term Care Ombudsman, including approved organizations.

(d) “Ombudsman coordinator” means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsman program, including the implementation of federal and state requirements governing the office.

(e) “Resident” or “patient” means an individual living in a long-term care facility.

(f) “State Ombudsman” means the State Long-Term Care Ombudsman.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 3. (SB 345) Effective January 1, 2013.)

article: 1. Legislative Intent and Definitions


citation: WIC § 9710

text: There is within the department an Office of the State Long-Term Care Ombudsman.

history: (History: Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

article: 2. General Provisions

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 11. State Ombudsman > 2. General Provisions


text:
(a) The Legislature finds and declares as follows:

(1) The Office of the State Long-Term Care Ombudsman has an extremely important role in protecting and advocating for the rights and health and safety of long-term care facility residents, and in providing leadership, direction, and support to local long-term care ombudsman programs.

(2) The position of State Ombudsman is extremely important to the successful coordination of ombudsman services at the local level.

(3) The position of State Ombudsman requires both an extensive background in social or health services programs, and an ability to manage and motivate individuals and groups.

(4) Remuneration for the position of State Ombudsman should be commensurate with the demands of the position.

(b) The Director of the California Department of Aging shall do all of the following:

(1) Provide widespread notification of the availability of the position of State Long-Term Care Ombudsman in order to reach the greatest number of qualified candidates and hire the most capable individual for the position.

(2) Within 10 days of the occurrence of a vacancy, publicly announce the vacancy and solicit candidates for the position.

(3) Within 30 days of the occurrence of a vacancy, convene a meeting with the advisory council established by the department pursuant to Section 9740, for the purpose of obtaining the advice, consultation, and recommendations of the council regarding the selection of a candidate.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 4. (SB 345) Effective January 1, 2013.)

article: 2. General Provisions


citation: WIC § 9711

text:
(a) The office shall be under the direction of a chief executive officer who shall be known as the State Long-Term Care Ombudsman. The State Ombudsman shall be appointed by the director and shall report directly to the director. He or she shall devote his or her entire time to the duties of his or her position, and shall receive the salary otherwise provided by law.

(b) Any vacancy occurring in the position of State Ombudsman shall be filled in the same manner as the original appointment. Whenever the State Ombudsman dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudsman’s successor, but in no event longer than four months from the occurrence of the vacancy. The acting State Ombudsman shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.

article: 2. General Provisions


citation: WIC § 9712

text:
(a) The office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall meet the qualifications established by the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.) and be selected from among individuals with expertise and experience in the fields of long-term care and advocacy. Within the first year of appointment, the State Ombudsman shall complete the training described in subparagraph (B) of paragraph (1) of subdivision (a) of Section 9719, and a 10-hour internship performing ombudsman services in a long-term care facility.

(b) The State Ombudsman shall be located in Sacramento. Other staff employed by the office may be located elsewhere in the state.

(c) (1) The State Ombudsman shall possess at least a bachelor’s degree, and have a minimum of five years’ professional experience that shall include all of the following areas:

(A) Gerontology, long-term care, or other relevant social services or health services programs.

(B) The legal system and the legislative process.

(C) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.

(D) Organizational management and program administration.

(2) The professional experience described in paragraph (1) requires any reasonable combination of the fields described in subparagraphs (A) to (D), inclusive, of that paragraph for a total of five years, and does not require five years’ experience in each area. At the discretion of the director, a master’s or doctoral degree relevant to a field described in paragraph (1) may be substituted for one or two years, respectively, of professional experience. However, the applicant’s professional experience and field of study leading to the master’s or doctoral degree shall, nevertheless, include all of the fields described in paragraph (1).

(d) The State Ombudsman may not have been employed by any long-term care facility within the three-year period immediately preceding his or her appointment.

(e) Neither the State Ombudsman nor any member of his or her immediate family may have, or have had within the past three years, any pecuniary interest in long-term care facilities.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 5. (SB 345) Effective January 1, 2013.)

article: 2. General Provisions


text:
The State Ombudsman shall, personally or through representatives of the office, do all of the following:

(a) (1) Identify, investigate, and resolve complaints that are made by, or on behalf of, residents of long-term care facilities that relate to actions, inactions, or decisions of providers or representatives of providers of long-term care services, public agencies, or health and social services agencies that may adversely affect the health, safety, welfare, or rights of residents, including the welfare and rights of residents with respect to the appointment and activities of conservators, guardians, and representative payees.

(2) The requirement described in paragraph (1) shall not preclude the referral of other individuals’ complaints and concerns that a representative becomes aware are occurring in the facility to the appropriate governmental agency.

(3) At the conclusion of any investigation of a complaint, the findings shall be reported to the complainant. If the office does not investigate a complaint, the complainant shall be notified in writing of the decision not to investigate and the reasons for the decision.

(b) Provide services to assist residents in the protection of their health, safety, welfare, and rights.

(c) Inform residents about the means of obtaining services delivered by the providers or agencies described in paragraph (1) of subdivision (a) or services described in subdivision (b).

(d) (1) Provide residents with regular and timely access to the services provided by the office through quarterly facility visits to skilled nursing facilities and residential care facilities for the elderly and provide residents or other complainants with timely responses from representatives of the office to complaints.

(2) To the extent permitted under federal law, paragraph (1) shall be implemented only to the maximum extent possible within available resources.

(e) Represent the interests of the residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents.

(f) Provide administrative and technical assistance to entities designated as local ombudsman programs, to assist the entities in participating in the program.

(g) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long-term care facilities and services in the state, without interference from the office of the Governor, any state agency, or other entity.

(h) Facilitate public comment on relevant laws, regulations, policies, and actions.

(i) Recommend changes to relevant laws, regulations, policies, or actions that the office determines to be appropriate.

(j) Provide information that the office determines to be necessary to public and private agencies, legislators, and other persons, regarding the problems and concerns of residents of long-term care facilities and recommendations relating to resolving these problems and concerns.

(k) Provide for training representatives of the office.

(l) Promote the development of citizen organizations to participate in the program.

history: (History: Amended by Stats. 2019, Ch. 27, Sec. 23. (SB 80) Effective June 27, 2019.)

article: 2. General Provisions


citation: WIC § 9713

text:
(a) Upon request of the office, the Attorney General shall represent the office or the department and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall employ other counsel.

(b) The State Ombudsman may employ technical experts and other employees that, in his or her judgment, are necessary for the conduct of the business of the office.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 7. (SB 345) Effective January 1, 2013.)

article: 2. General Provisions


citation: WIC § 9714

text: The office shall solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The office shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office. The office shall deposit funds received pursuant to this section into the Long-Term Care Ombudsman Program Improvement Act Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370 of the Government Code. Revenues in this account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.

history: (History: Amended by Stats. 2013, Ch. 521, Sec. 1. (SB 609) Effective January 1, 2014.)

article: 2. General Provisions


text:
(a) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office and the operations of the foundation. The foundation shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office or foundation.

(b) The foundation formed pursuant to this section shall be under the direction and management of a five-member board of directors. One member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, and three members shall be appointed by the Governor. The members of the board shall each be experienced in the management, promotion, and funding of nonprofit charitable organizations.

(c) The board shall select from among its members a chair, a vice chair, and any other officers as it deems necessary.

(d) The members of the board shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties as directors.

(e) Three members of the board shall constitute a quorum for the purpose of conducting the board’s business.

(f) By March 1 of each year, the board shall determine the amount of funds to be allocated from the foundation to the office for the support of the operations and programs of the office and the operations of the foundation. Foundation funds may only be expended for the support of the operations and programs of the office and the operations of the foundation.

(g) The members of the board shall be free from conflicts of interest and shall be subject to the same conflict of interest provisions that apply to the State Ombudsman under Section 3058g(f)(3) of Title 42 of the United States Code.

history: (History: Amended by Stats. 2013, Ch. 521, Sec. 2. (SB 609) Effective January 1, 2014.)

article: 2. General Provisions


citation: WIC § 9715

text:
(a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter.

(b) No discriminatory, disciplinary, or retaliatory action shall be taken against any employee of a facility or agency, any patient, resident, or client of a long-term care facility, or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

(c) All communications by a representative of the office, if reasonably related to the requirements of that individual’s responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander.

(d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter.

article: 2. General Provisions


citation: WIC § 9716

text:
(a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term care needs of older individuals, consistent with its mission. These responsibilities shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The office shall submit the data to the state agency responsible for licensing or certifying long-term care facilities and to the federal Administration on Aging.

(b) Notwithstanding Section 10231.5 of the Government Code, beginning September 30, 2013, and annually thereafter, the office shall prepare and submit an annual advocacy report in accordance with Section 3058g(h)(1) of Title 42 of the United States Code. The annual advocacy report shall do all of the following:

(1) Describe the activities carried out by the office in the year for which the report is prepared, including, but not limited to, actions taken to carry out the advocacy duties of the office described in Sections 9712.5 and 9726.1 and prescribed by the federal Older Americans Act in Section 3058g(a)(3)(E) and (G) of Title 42 of the United States Code.

(2) Contain and analyze the data collected pursuant to Section 3058g(c) of Title 42 of the United States Code.

(3) Evaluate the problems experienced by, and the complaints made by or on behalf of, residents.

(4) Contain recommendations for both of the following:

(A) Improving quality of the care and life of residents.

(B) Protecting the health, safety, welfare, and rights of residents.

(5) (A) Analyze the success of the ombudsman program, including success in providing services to residents of long-term care facilities and other similar adult care facilities.

(B) Identify barriers that prevent the optimal operation of the program.

(6) Provide policy, regulatory, and legislative recommendations to solve identified problems, to resolve complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers identified in subparagraph (B) of paragraph (5).

(c) The office shall promptly post the annual advocacy report on its Internet Web site and shall submit it to the Assistant Secretary of the federal Administration on Aging, the Governor, the Legislature, the State Department of Public Health, the State Department of Social Services, local ombudsman programs, and other appropriate governmental entities.

(d) The State Ombudsman shall consult with the local ombudsman programs in developing the report.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 10. (SB 345) Effective January 1, 2013.)

article: 2. General Provisions


text:
(a) The Office of the State Long-Term Care Ombudsman shall maintain an Internet Web presence.

(b) The Internet Web site shall be easily found and prominent on the department’s homepage. The Legislature finds and declares that resources currently exist for this purpose.

(c) The Internet Web site shall be consumer driven and shall include, but not be limited to, current long-term care trends and issues, links to local ombudsman programs, the annual advocacy report described in Section 9716, and other information relevant to long-term care facility residents and consumers.

history: (History: Added by Stats. 2012, Ch. 649, Sec. 11. (SB 345) Effective January 1, 2013.)

article: 2. General Provisions


citation: WIC § 9717

text:
(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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 45. (SB 1249) Effective January 1, 2025.)

article: 2. General Provisions


citation: WIC § 9718

text: Every long-term care facility, as defined in subdivision (b) of Section 9701, shall post in a conspicuous location a notice of the name, address, and phone number of the office and the nearest approved organization, and a brief description of the services provided by the office and the approved organization. The form of the notice shall be approved by the office.

history: (History: Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 7. Effective January 1, 1998.)

article: 2. General Provisions


text:
(a) (1) Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, deny entry to a representative of the office acting in their official capacity.

(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residents or staff at a residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.

(b) During a state of emergency declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.

history: (History: Added by Stats. 2022, Ch. 583, Sec. 2. (AB 1855) Effective January 1, 2023.)

article: 2. General Provisions


citation: WIC § 9719

text:
(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 ombudsperson 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 ombudsperson. Each ombudsperson 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 ombudsperson. 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 ombudsperson 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.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 46. (SB 1249) Effective January 1, 2025.)

article: 2. General Provisions


text:
(a) (1) The department shall allocate all federal and state funds for local ombudsman programs according to the following distribution, but shall not allocate less than one hundred thousand dollars ($100,000) per fiscal year.

(2) After the base allocation, remaining funds shall be distributed in accordance with subdivision (b).

(b) (1) Fifty percent of the funds shall be allocated to each local program based on the number of facilities served by the program in proportion to the total number of facilities in the state.

(2) Forty percent of the funds shall be allocated based on the number of beds within the local program’s area of service in proportion to the total number of beds in the state.

(3) Ten percent of the funds shall be allocated based on the total square miles within each local program’s area of service in proportion to the total number of square miles in the state.

history: (History: Amended by Stats. 2018, Ch. 35, Sec. 9. (AB 1811) Effective June 27, 2018.)

article: 2. General Provisions


text: The office shall give priority to investigations and complaint resolutions in 24-hour long-term care facilities.

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 11. State Ombudsman > 3. Investigation and Resolution of Complaints


citation: WIC § 9721

text:
(a) The office may refer any complaint to any appropriate state or local government agency. The following state licensing authorities shall give priority to any complaint referred to them by the office, except that any complaint alleging an immediate threat to resident health and safety may be given first priority:

(1) Licensing and Certification Division of the State Department of Health Services.

(2) Community Care Licensing Division of the State Department of Social Services.

(3) Board of Examiners for Nursing Home Administrators.

(4) Board of Registered Nurses.

(5) Medical Board of California.

(6) Board of Pharmacy.

(7) Board of Vocational Nurse and Psychiatric Technician Examiners.

(b) Any licensing authority that responds to a complaint against a long-term care facility that was referred to the authority by the office shall forward to the office copies of related inspection reports and plans of correction and notify the office of any citations and civil penalties levied against the long-term care facility.

article: 3. Investigation and Resolution of Complaints


citation: WIC § 9722

text:
(a) Representatives of the office shall have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes of identifying, hearing, investigating, and resolving complaints, observing and monitoring conditions of residents and facilities, speaking confidentially with residents, and providing services to assist residents in protecting their health, safety, welfare, and rights. Entry shall be provided at any time deemed necessary and reasonable by the State Ombudsman to effectively carry out this chapter, for any of the purposes described in this subdivision.

(b) Nothing in this chapter shall be construed to restrict, limit, or increase any existing right of any organizations or individuals not described in subdivision (a) to enter, or provide assistance to patients or residents of, long-term care facilities.

(c) Nothing in this chapter shall restrict any right or privilege of any patient or resident of a long-term care facility to receive visitors of his or her choice.

(d) Notwithstanding any other provision of law, a long-term care facility, upon request by a representative of the office, shall provide a roster, census, or other list of the names and room numbers or room locations of all current residents or patients residing in the facility.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 15. (SB 345) Effective January 1, 2013.)


citation: WIC § 9723

text: The State Ombudsman shall have access to any record of a state or local government agency that is necessary to carry out his or her responsibilities under this chapter, including any record rendered confidential under Section 1094 of the Unemployment Insurance Code or Section 10850.


citation: WIC § 9724

text:
Notwithstanding Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, in order for the office to carry out its responsibilities under this chapter, the office shall have access to the medical or personal records of a patient or resident of a long-term care facility that are retained by the facility, under the following conditions:

(a) If the patient or resident has the ability to write, access may only be obtained by the written consent of the patient or resident.

(b) If the patient or resident is unable to write, oral consent may be given in the presence of a third party as witness.

(c) If the patient or resident is under a California guardianship or conservatorship of the person that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records, unless any of the following apply:

(1) The existence of the guardianship or conservatorship is unknown to the office or the facility.

(2) The guardian or conservator cannot be reached within three working days.

(3) The office has reason to believe the guardian or conservator is not acting in the best interests of the ward or the conservatee.

(d) If the patient or resident is unable to express written or oral consent and there is no guardian, conservator, or legal representative, or the notification of the guardian, conservator, or legal representative is not applicable for reasons set forth in subdivision (c), inspection of records may be made by ombudsmen when there is sufficient cause for the inspection. The licensee may, at his or her discretion, permit other representatives of the office to inspect records in the performance of their official duties. Copies may be reproduced by the office. The licensee and facility personnel who disclose records pursuant to this subdivision shall not be liable for the disclosure. If investigation of records is sought pursuant to this subdivision, the ombudsman shall, upon request, produce a statement signed by the ombudsman coordinator authorizing the ombudsman to review the records.

(e) Facilities providing copies of records pursuant to this section may charge the actual copying cost for each page copied.

(f) Upon request by the office, a long-term care facility shall provide to the office, within 24 hours, the name, address, and telephone number of the conservator, legal representative, or next-of-kin of any patient or resident.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 16. (SB 345) Effective January 1, 2013.)


citation: WIC § 9725

text: All records and files of the office relating to any complaint or investigation made pursuant to this chapter and the identities of complainants, witnesses, patients, or residents shall remain confidential, unless disclosure is authorized by the patient or resident or his or her conservator of the person or legal representative, required by court order, or release of the information is to a law enforcement agency, public protective service agency, licensing or certification agency in a manner consistent with federal laws and regulations.


citation: WIC § 9726

text:
(a) The office shall establish a toll-free telephone hotline to receive telephone calls concerning any crises discovered by any person in a long-term care facility, as defined in subdivision (b) of Section 9701. The telephone hotline established under this section shall be operated to include at least all of the following:

(1) The telephone hotline shall be available 24 hours a day, seven days a week.

(2) The operator shall respond to a crisis call by contacting the appropriate office, agency, or individual in the local community in which the crisis occurred.

(3) The toll-free telephone hotline number shall be posted conspicuously in either the facility foyer, lobby, residents’ activity room, or other conspicuous location easily accessible to residents in each licensed facility by the licensee. The office shall issue, in conjunction with the State Department of Social Services and the State Department of Public Health, guidelines concerning the posting of the toll-free telephone hotline number. The posting shall, at a minimum, include the purpose of the toll-free telephone hotline number.

(b) The office shall respond to telephone hotline calls.

(c) The toll-free telephone hotline shall be staffed in a manner consistent with available resources in the office. The office may contract for the services of organizations to staff the telephone hotline. The office shall seek to provide opportunities for older individuals to be employed to staff the hotline. The State Department of Public Health and the State Department of Social Services, and other appropriate departments, shall make available to the department and the office training and technical assistance as needed.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 17. (SB 345) Effective January 1, 2013.)


text:
(a) The office and approved organizations may do any of the following:

(1) Advise the public of any inspection report, statements of deficiency, and plans of correction, for any long-term care facilities within its service area.

(2) Promote visitation programs to long-term care facilities within its service area.

(3) Establish and assist in the development of resident, family, and friends’ councils.

(4) Sponsor other community involvement in long-term care facilities.

(5) Present community education and training programs to long-term care facilities, human service workers, families, and the general public, about long-term care and residents’ rights issues.

(b) Those programs created under this section that are held in a facility shall be developed in consultation with the facility. If the facility and the ombudsman cannot agree on these programs, the State Ombudsman may assist in resolving the dispute.

history: (History: Amended by Stats. 2012, Ch. 649, Sec. 18. (SB 345) Effective January 1, 2013.)


citation: WIC § 9730

text: Anyone who willfully interferes with any lawful action of the office shall be immediately referred to the appropriate licensing authority, which shall respond within the legally prescribed time period.

history: (History: Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

article: 4. Enforcement

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 11. State Ombudsman > 4. Enforcement


citation: WIC § 9731

text: Notwithstanding the availability of statutory damages, this chapter shall not be construed to limit the ability of a court to issue equitable relief where the legal remedies provided would not be an adequate method of preventing or curing the particular injury in question.

article: 4. Enforcement


citation: WIC § 9732

text:
(a) Any person who willfully interferes with any lawful action of the office shall be subject to a civil penalty of no more than two thousand five hundred dollars ($2,500) for each incident. The civil penalty shall be assessed by the director. If the penalty is not paid within 30 days of the assessment, the director shall initiate an action to collect the penalties in the jurisdiction in which the facility is located.

(b) Each instance of willful interference may be reported to local law enforcement and the appropriate licensing agency as an act of isolation, as defined in Section 15610.43.

(c) All civil penalties collected by the department pursuant to this section shall be deposited into the Access to Facilities Account, which is hereby created within the Special Deposit Fund under Section 16370 of the Government Code. Funds in this account shall be available, upon appropriation, to the office to fund the training costs, and to reimburse the travel expenses, of local ombudsman programs throughout the state.

history: (History: Amended by Stats. 2013, Ch. 521, Sec. 3. (SB 609) Effective January 1, 2014.)

article: 4. Enforcement


citation: WIC § 9740

text:
(a) The department shall establish an 11-member advisory council for the office. Members of the council shall be appointed by the director, and shall consist of representatives of community organizations, area agencies on aging, two long-term care providers, federal Older Americans Act funded direct services providers, the commission, the California Long-Term Care Ombudsman Association, county government, and other appropriate governmental agencies. The director shall make the appointments from lists of no less than five names submitted by each of the designated entities.

(b) The advisory council shall provide advice and consultation to the State Long-Term Care Ombudsman Program and the director on issues affecting the provision of ombudsman services, including the review of proposed policy changes to the operation of the program, and may make recommendations, within 30 days, as appropriate. The advisory council shall meet at least three times annually. Representatives on the advisory council shall receive their actual and necessary travel and other expenses incurred in participation on the advisory council.

history: (History: Amended by Stats. 1999, Ch. 943, Sec. 3. Effective January 1, 2000.)

article: 5. Advisory Council

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 11. State Ombudsman > 5. Advisory Council


citation: WIC § 9741

text: At least 30 days prior to the designation of a new organization or agency as an approved organization, the department shall notify the advisory council for the purpose of soliciting comments regarding the designation.

article: 5. Advisory Council


citation: WIC § 9745

text: The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations after January 1, 1999, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this chapter shall remain in effect for no more than 180 days.

history: (History: Added by Stats. 1999, Ch. 943, Sec. 4. Effective January 1, 2000.)

article: 6. Regulations

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 11. State Ombudsman > 6. Regulations


citation: WIC § 9750

text: The department may adopt regulations to implement this division in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations following the date on which this revised division takes effect shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this division shall remain in effect for no more than 180 days.

chapter: 12. Regulations

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 12. Regulations


citation: WIC § 9800

text:
(a) The master plan for aging established pursuant to Executive Order N-14-19 shall consider the efficacy of utilizing a No Wrong Door System.

(b) The purpose of the No Wrong Door System shall be to assist older adults, people with disabilities, and caregivers obtain accurate information and timely referrals to appropriate community services and supports.

history: (History: Added by Stats. 2019, Ch. 825, Sec. 2. (AB 1287) Effective January 1, 2020.)

chapter: 13. No Wrong Door System

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 13. No Wrong Door System


citation: WIC § 9805

text:
(a) The master plan for aging established pursuant to Executive Order N-14-19 shall consider the efficacy of utilizing a universal tool and process to streamline access to services through a coordinated assessment process. In considering the tool and process, the Master Plan for Aging Stakeholder Advisory Committee shall seek input from stakeholders, including, but not limited to, consumers, providers, and advocates.

(b) The assessment tool and process should be capable of assessing individual need and determining initial eligibility for programs and services available in the long-term services and supports delivery network.


citation: WIC § 9850

text:
(a) The Secretary of the California Health and Human Services Agency, in coordination with the Director of the California Department of Aging, shall lead the development and implementation of the master plan for aging established pursuant to Executive Order No. N-14-19.

(b) The Master Plan for Aging Stakeholder Advisory Committee established pursuant to Executive Order No. N-14-19 shall include representation from older Californians, adults with disabilities, local government, health care providers, health plans, employers, community-based organizations, foundations, academic researchers, and organized labor.

(c) The secretary and the director shall, with the assistance of the Cabinet-level Workgroup for Aging established pursuant to Executive Order No. N-14-19, work with the following state agencies, as needed, to identify policies, efficiencies, and strategies necessary to implement the master plan:

(1) Business, Consumer Services, and Housing Agency.

(2) Government Operations Agency.

(3) California Health and Human Services Agency.

(4) Labor and Workforce Development Agency.

(5) Transportation Agency.

(d) The workgroup shall solicit input from stakeholders and gather information on the impact of California’s aging population to assist with the implementation process of the master plan.

(e) The workgroup shall ensure the master plan is centered on all of the following core values:

(1) Equity. The master plan shall seek to enable older adults and people with disabilities to access long-term services and supports (LTSS) in accordance with individual needs and preferences, to the extent feasible, regardless of individual health or functional status, income, race, religion, or other socioeconomic factors.

(2) Person-centered. The master plan shall seek to enable older adults and people with disabilities to remain in their own homes and communities as long as possible or desired while receiving services and supports that are in line with their individual needs and preferences.

(3) Efficiency. The master plan for aging shall seek to reduce unnecessary costs and reduce duplication through streamlined service delivery.

(4) System rebalancing. The master plan shall prioritize the delivery of home- and community-based services in a home setting as alternatives to institutionalization, in accordance with individual needs, desires, and preferences.

(5) Coordination and integration. The master plan shall seek to streamline service delivery through coordinated and integrated systems of care.

(6) Access. The master plan shall ensure access to health care and LTSS in all communities across the state, including rural, suburban, and urban settings.

(f) (1) (A) The California Department of Aging shall submit a report to the Governor and the Legislature by October 1, 2020, identifying ways to improve the organization and structure of the California Department of Aging in order to effectively implement and administer the master plan. The report shall include, but not be limited to, identification of statutory and regulatory changes that are needed to implement the master plan.

(B) The California Department of Aging shall submit updates to the Governor and the Legislature annually beginning October 1, 2021, through October 1, 2030, inclusive. The updates shall include, but are not limited to, the status of the processes described in paragraph (1) and updates on data metrics, best practices, and model policies.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(g) This section shall become inoperative on July 1, 2026, and, as of January 1, 2026, is repealed.

history: (History: Amended by Stats. 2026, Ch. 28, Sec. 116. (SB 170) Effective June 29, 2026. Inoperative July 1, 2026, by its own provisions.\n Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 117 of Stats. 2026, Ch. 28.)

chapter: 14. Master Plan for Aging in California

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 14. Master Plan for Aging in California


text:
(a) The Secretary of the California Health and Human Services Agency, in coordination with the Director of the California Department of Aging, shall lead the development and implementation of the master plan for aging established pursuant to Executive Order No. N-14-19.

(b) The Master Plan for Aging Stakeholder Advisory Committee established pursuant to Executive Order No. N-14-19 shall include representation from older Californians, adults with disabilities, local government, health care providers, health plans, employers, community-based organizations, foundations, academic researchers, and organized labor.

(c) The secretary and the director shall, with the assistance of the Cabinet-level Workgroup for Aging established pursuant to Executive Order No. N-14-19, work with the following state agencies, as needed, to identify policies, efficiencies, and strategies necessary to implement the master plan:

(1) California Housing and Homelessness Agency.

(2) Government Operations Agency.

(3) California Health and Human Services Agency.

(4) Labor and Workforce Development Agency.

(5) Transportation Agency.

(6) Business and Consumer Services Agency.

(d) The workgroup shall solicit input from stakeholders and gather information on the impact of California’s aging population to assist with the implementation process of the master plan.

(e) The workgroup shall ensure the master plan is centered on all of the following core values:

(1) Equity. The master plan shall seek to enable older adults and people with disabilities to access long-term services and supports (LTSS) in accordance with individual needs and preferences, to the extent feasible, regardless of individual health or functional status, income, race, religion, or other socioeconomic factors.

(2) Person-centered. The master plan shall seek to enable older adults and people with disabilities to remain in their own homes and communities as long as possible or desired while receiving services and supports that are in line with their individual needs and preferences.

(3) Efficiency. The master plan for aging shall seek to reduce unnecessary costs and reduce duplication through streamlined service delivery.

(4) System rebalancing. The master plan shall prioritize the delivery of home- and community-based services in a home setting as alternatives to institutionalization, in accordance with individual needs, desires, and preferences.

(5) Coordination and integration. The master plan shall seek to streamline service delivery through coordinated and integrated systems of care.

(6) Access. The master plan shall ensure access to health care and LTSS in all communities across the state, including rural, suburban, and urban settings.

(f) (1) (A) The California Department of Aging shall submit a report to the Governor and the Legislature by October 1, 2020, identifying ways to improve the organization and structure of the California Department of Aging in order to effectively implement and administer the master plan. The report shall include, but not be limited to, identification of statutory and regulatory changes that are needed to implement the master plan.

(B) The California Department of Aging shall submit updates to the Governor and the Legislature annually beginning October 1, 2021, through October 1, 2030, inclusive. The updates shall include, but are not limited to, the status of the processes described in paragraph (1) and updates on data metrics, best practices, and model policies.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(g) This section shall become operative on July 1, 2026.

history: (History: Repealed (in Sec. 116) and added by Stats. 2026, Ch. 28, Sec. 117. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)


citation: WIC § 9860

text:
For purposes of this chapter, the following definitions apply:

(a) “Emergency shelter” means a facility established to provide temporary refuge and essential services to individuals displaced by emergencies or disasters.

(b) “State Emergency Plan” has the same meaning as set forth in Section 8560 of the Government Code.

history: (History: Added by Stats. 2025, Ch. 445, Sec. 1. (AB 1069) Effective January 1, 2026.)

chapter: 15. Disaster Planning and Response

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 15. Disaster Planning and Response


citation: WIC § 9861

text: As part of disaster planning and response, a representative of the county welfare director, in coordination with the lead local agency designated with sheltering support duties under the State Emergency Plan Emergency Support Functions, shall initiate a memorandum of understanding with an area agency on aging (AAA), an independent living center (ILC), or an Aging and Disability Resource Connection (ADRC) program to allow access by the AAA, the ILC, or the ADRC program to an emergency shelter established for evacuation purposes during an active event, in order to ensure that older adults and persons with disabilities receive continuous services and necessary support.


text: The purpose of this division is to provide for protection, care, and assistance to the people of the state in need thereof, and to promote the welfare and happiness of all of the people of the state by providing appropriate aid and services to all of its needy and distressed. It is the legislative intent that aid shall be administered and services provided promptly and humanely, with due regard for the preservation of family life, and without discrimination on account of ancestry, marital status, political affiliation, or any characteristic listed or defined in Section 11135 of the Government Code. That aid shall be so administered and services so provided, to the extent not in conflict with federal law, as to encourage self-respect, self-reliance, and the desire to be a good citizen, useful to society.

history: (History: Amended by Stats. 2007, Ch. 568, Sec. 51. Effective January 1, 2008.)

division: 9. PUBLIC SOCIAL SERVICES

chapter: 1. General Provisions

path: 9. PUBLIC SOCIAL SERVICES > 1. General Provisions


text:
The purposes of the public social services for which state grants-in-aid are made to counties are:

(a) To provide on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons.

(b) To provide timely and appropriate services to assist individuals develop or use whatever capacity they can maintain or achieve for self-care or self-support.

(c) To provide protective services to handicapped or deprived persons subject to social or legal disability, and to children and others subject to exploitation jeopardizing their present or future health, opportunity for normal development, or capacity for independence.

history: (History: Added by Stats. 1965, Ch. 1784.)


text: When an applicant for or recipient of public social services is incapable of managing his own resources and planning or carrying out arrangements for his own care and maintenance, and the applicant or recipient cannot secure the services of a private attorney, if authorized by the board of supervisors, the county counsel at the request of the county department, or the district attorney, if a county counsel does not exist, may initiate and carry out proceedings for the appointment of a public or private guardian or public or private conservator, or for changing the form of legal protection when this is indicated. Costs incurred in such proceedings for the protection of applicants or recipients, when not available from the person’s own resources, shall be a proper welfare administrative or service cost, except where a relative engages a private attorney to accomplish this purpose.

history: (History: Amended by Stats. 1980, Ch. 415, Sec. 2.)


text:
(a) It shall be the responsibility of a recipient of aid pursuant to this division changing residence from one county to another to promptly notify either the county from which he or she moves or the county to which he or she moves of the change of residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have the option to report a change of residence in person, in writing, telephonically, or, if the technology is available, electronically online and shall be advised of these options at the time of application and redetermination or recertification. Within seven business days of notice of a new residence, the notified county shall initiate an intercounty transfer for all benefits under this division that the recipient is receiving, and benefits shall be transferred no later than the first day of the next available benefit month following 30 days after a county was notified pursuant to this section.

(b) To the greatest extent possible, the intercounty transfer process shall be simple and client friendly and minimize workload for county eligibility operations. The process shall ensure the applicant or recipient does not need to provide copies of documents that were previously provided to the prior county of residence, and there is no interruption in benefits.

(c) Case file documents shall be electronically shared between the prior county of residence and the new county of residence, to the extent possible, as specified by the relevant state departments.

(d) Notwithstanding Section 11052.5, the new county of residence shall not interview recipients moving to that county from another county to determine continued eligibility for CalFresh or CalWORKs until the next scheduled recertification pursuant to Section 18910.1 or redetermination pursuant to Section 11265. This section shall not preclude the new county of residence from interviewing CalWORKs recipients regarding welfare-to-work program participation, which is not a requirement for an intercounty transfer of CalWORKs eligibility.

(e) For beneficiaries required to receive services through a Medi-Cal managed care health plan, the following shall apply:

(1) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved, the beneficiary shall have continued access to emergency services and any other coverage the managed care health plan authorizes out-of-network until the time that the intercounty transfer process pursuant to subdivision (a) is complete and the beneficiary is disenrolled from the managed care health plan.

(2) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved and needs nonemergent care that same month in the new county, the Medi-Cal Managed Care Ombudsman shall, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. County-initiated disenrollment using an online form shall be processed no later than three business days after the request is made. Beneficiary-initiated disenrollment by telephone shall be effective no later than two business days after the request is made when the request is made before 5 p.m. Any beneficiary-initiated disenrollment request by phone made after 5 p.m. shall be processed the following business day and be effective no later than two business days after the request is processed.

(3) A beneficiary who is disenrolled from the managed care health plan in the county from which he or she moved pursuant to paragraph (2) shall be entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-service delivery system until he or she is enrolled in a managed care health plan in the new county.

(4) If the beneficiary moves to a county that provides Medi-Cal services through a county organized health system, the beneficiary shall be enrolled in that county organized health system plan on the first day of the following month once the new county of residence is reflected in the Medi-Cal Eligibility Data System. If a beneficiary moves to a county without a county organized health system, the usual health plan choice process shall apply.

(f) Failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment.

(g) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the State Department of Social Services, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The State Department of Health Care Services and the State Department of Social Services shall adopt regulations by July 1, 2021, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of the Government Code, the State Department of Health Care Services and the State Department of Social Services shall provide a status report on the adoption of the regulations to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.

(h) This section shall be implemented only if, and to the extent, that federal financial participation is available and any necessary federal approvals have been obtained.

(i) This section shall become operative on June 1, 2017.

history: (History: Added by Stats. 2016, Ch. 801, Sec. 1. (SB 1339) Effective January 1, 2017. Section operative June 1, 2017, by its own provisions.)


text:
(a) A county human services agency shall designate at least one employee as a staff liaison, as provided in this section. The staff liaison shall serve as a point of contact for academic counselors and other relevant professional staff at a campus of an institution of public higher education located within the county and provide information on programs and services offered by the agency that may be available to students attending a campus of an institution of public higher education within the county. This requirement is not intended to supersede or otherwise alter existing relationships between counties and campuses of an institution of public higher education, including, but not limited to, coordination related to CalWORKs welfare-to-work participants who are attending a campus of an institution of public higher education.

(b) A county human services agency subject to this section, with input from the public institutions of higher education located within the county, including basic needs directors, basic needs coordinators, or designated staff from each campus of a public institution of higher education, shall develop protocols for engagement between the agency and a campus of an institution of public higher education located within the county. The agency and the public institutions of higher education located within the county are encouraged to consult stakeholders while developing the protocol, including, but not limited to, all of the following:

(1) A representative from each campus of an institution of public higher education within the county. The representative shall be a staff member tasked with addressing students’ basic needs on the campus.

(2) A counselor or other relevant professional staff from each campus of an institution of public higher education within the county.

(3) Relevant organizations representing the interests of students, faculty, and staff from each campus of an institution of public higher education within the county.

(c) Counties are encouraged to provide information to the campuses of an institution of public higher education located within their borders regarding the location and hours of county human services agency public offices, as well as information regarding online and telephone access to program applications. Each campus of an institution of public higher education is encouraged to disseminate information regarding applying for human services programs and benefits to the campus administrator associated with student services or their designee.

(d) The State Department of Social Services shall do all of the following:

(1) In consultation with staff liaisons and basic needs directors, basic needs coordinators, or other designated professional staff from institutions of public higher education within the county, develop a training to be available for basic needs directors, staff of a campus basic needs center, other designated professional staff from each campus of an institution of higher education, and eligibility workers. The training shall focus on public social services topics, including all of the following:

(A) Local Programs that Increase Employability (LPIE) familiarity.

(B) State Department of Health Care Services and State Department of Social Services policy updates, including review of the CalFresh Student Eligibility Handbook.

(C) Other college student related training, including information related to financial aid, scholarships, dependent status, eligibility criteria for public social services programs, and other information related to the needs specific to college students.

(2) Convene a workgroup that meets quarterly to share best practices, address challenges, and identify statewide issues, comprised of all of the following:

(A) At least 12 county staff liaisons, comprised of at least 2 county staff liaisons from each of the six regions of the California Statewide Automated Welfare System (CalSAWS) consortium.

(B) At least four college campus basic needs directors, basic needs coordinators, or other designated campus staff from multiple regions and campuses.

(C) At least one staff member from each higher education segment, including, but not limited to:

(i) The office of the Chancellor of the California State University.

(ii) The office of the Chancellor of the California Community Colleges.

(iii) The office of the President of the University of California if a representative is provided. The office of the President of the University of California is requested to provide a representative for purposes of this workgroup.

(D) The Center for Healthy Communities at California State University, Chico.

(E) Relevant stakeholders as needed to share best practices, updates, challenges, or other topics related to programs and services offered by the department that may be available to students attending the campus of an institution of public higher education.

(3) (A) On or before May 1, 2027, and every three years thereafter, in collaboration with stakeholders identified pursuant to this section, submit a report to the Legislature with findings and recommendations relating to enrollment success trends, best practices, and services offered by the department that may be available to students attending a campus of an institution of public higher education.

(B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

(e) Any disclosure or sharing of personal information under this section shall be made in compliance with applicable state and federal confidentiality laws.

(f) For purposes of this section, “basic needs coordinator” means a coordinator, as defined in Section 66023.4 or 66023.5 of the Education Code.

(g) For purposes of this section, “public higher education” has the same meaning as in Section 66010 of the Education Code.

(h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement this section by all-county letters or similar instructions.

history: (History: Amended by Stats. 2025, Ch. 607, Sec. 2. (AB 79) Effective January 1, 2026.)