citation: WIC § 9202

text:
The duties and functions of the commission shall include, but not be limited to, all of the following:

(a) Serve as the principal advocate body in the state on behalf of older individuals, including, but not limited to, advisory participation in the consideration of all legislation, regulations, and initiatives made by state and federal departments and agencies relating to programs and services that affect older adults, adults with disabilities, and caregivers.

(b) Participate with the department in training workshops for community, regional and statewide aging and disability advocates, to promote greater understanding of the legislative, regulatory, and program implementation processes.

(c) Prepare, publish, and disseminate information, findings, and recommendations regarding the health and well-being of older individuals.

(d) Actively participate and advise the department in the development and preparation of the State Plan on Aging, conduct public hearings on the State Plan on Aging, review and comment on the state plan, and monitor the progress of the plan’s implementation.

(e) Meet at least four times annually in order to study problems of older individuals and present findings and make recommendations.

(f) Hold hearings throughout the state, that may include conducting an annual statewide hearing inviting all departments administering programs affecting older adults, adults with disabilities, and caregivers, in order to gather information and advise the Governor, Legislature, department, and agencies on all levels of government regarding solutions to problems confronting older individuals and the most effective use of existing resources and available services for individuals.

(g) Hire an executive director, who will, within budgetary limits, hire staff as may be necessary for the commission to fulfill its duties.

(h) Perform other duties as may be required by statute, regulation, resolution, or executive order.

(i) Meet and consult with the Area Agency on Aging Advisory Council of California in order to exchange information, and assist in training, planning, and development of advocacy skills.

(j) Monitor and, when deemed appropriate, engage in federal advocacy efforts that may include, but not be limited to, providing comments on federal Older Americans Act reauthorizations and federal rulemaking packages impacting older adults, adults with disabilities, and caregivers.

history: (History: Amended by Stats. 2024, Ch. 334, Sec. 3. (AB 2620) Effective January 1, 2025.)


kind: section

code: WIC

citation: WIC § 9203

text: The commission may accept gifts and grants from any source, public or private, to assist it in the performance of its functions, and the gifts and grants shall operate to augment any appropriation made for the support of the commission, provided that the department shall serve as the fiscal agent for the accounting of the gifts and grants and that no gifts or grants shall be used for the operation by the commission of direct service programs that would conflict with the department’s duties and functions as described by law.

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

chapter: 3. California Commission on Aging

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 3. California Commission on Aging


text: The commission may also accept gifts on behalf of the Area Agency on Aging Advisory Council of California, subject to the provisions of Section 9203, as those provisions apply to the commission.

history: (History: Amended by Stats. 2004, Ch. 633, Sec. 3. Effective January 1, 2005. Operative July 1, 2006, or sooner, as prescribed by Sec. 9 of Ch. 633.)

division: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT


citation: WIC § 9204

text: Wherever there is a reference in any statute of this state to the Citizens Advisory Committee on Aging of the California Commission on Aging, it shall be construed to refer to the California Commission on Aging if the reference concerns an advisory or advocacy function, or a function described in Section 9202. Any other reference shall be construed to refer to the department.


citation: WIC § 9205

text: Members of the commission shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their official duties.


citation: WIC § 9250

text:
(a) The Legislature finds and declares all of the following:

(1) Our delivery of long-term care needs to be vastly improved in order to coordinate services that are appropriate to each individual’s functional needs and financial situation. Care services should be holistic and address the needs of the entire person, including the person’s mental, physical, social, and emotional needs.

(2) The coming age wave will bankrupt California if we maintain the current uncoordinated system of long-term care.

(3) The new generation of aging Californians will desire, expect, and demand a much more responsive, coherent, and human-dignified system of care services.

(4) Multiple funding streams and varied eligibility criteria have created “silos” of services, making it difficult for consumers to move with ease from one service or program to another.

(5) Separate funding streams and uncoordinated services for older adults and adults with disabilities have created barriers in services for these populations. Adults with disabilities often receive long-term care services designed to support and protect the institutionalized older population. Instead, services need to be individualized to empower older adults and persons with disabilities to live in the community.

(6) Historically, two delivery systems, referred to as the medical model and the social model of care, have evolved with little or no coordination between the two.

(7) A high percentage of consumers enter the long-term care system after a hospitalization. Assistance and support following hospitalization would reduce the number of nursing home placements.

(8) The Legislature affirms the notion that individuals should be able to receive care in the least restrictive environment.

(9) Skilled nursing facilities account for 5 percent of the long-term care caseload and 52 percent of the long-term care expenditures. Home and community-based services account for 78 percent of the long-term care caseload, and 13 percent of long-term care expenditures. It is, therefore, more cost-effective to connect consumers with services in the community than to continue to place individuals in institutions.

(10) A number of counties and programs have developed and implemented innovative Internet-based information systems. Some of these systems are designed to help consumers access information regarding long-term care services, and others are designed to help providers track client information.

(11) The California Health and Human Services Agency is developing the “CalCareNet” Web site, which is designed to help the consumer find state-licensed providers of health services, social services, mental health services, alcohol and other drug services, and disability services, and also to find state-licensed care facilities.

(b) It the intent of the Legislature to enact legislation to do all of the following:

(1) Ensure that each consumer is able to connect with the appropriate services necessary to meet individual needs.

(2) Better coordinate long-term care delivery, recognizing the elements that are already in place, and expand the availability of long-term care.

(3) Deliver long-term care services in the most cost-effective manner.

(4) Access multiple public and private funding streams, without supplanting existing funding for programs and services.

history: (History: Added by Stats. 2002, Ch. 541, Sec. 14. Effective January 1, 2003.)

chapter: 3.5. Coordinated System of Care

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 3.5. Coordinated System of Care


citation: WIC § 9251

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

(a) The term “long-term care” refers to a wide range of supportive and health and social services for older adults and adults with disabilities. Long-term care differs from other types of care in that the goal of long-term care is not to cure illnesses, but to allow individuals to attain and maintain optimal levels of functioning in their homes or in their communities. The provision of long-term services involves a continuum of health and social services in a variety of home- and community-based settings.

(b) The term “care navigation” describes any of the following services, performed in multiple settings, including, but not limited to, area agencies on aging, hospitals, caregiver resource centers, independent living centers, and senior centers:

(1) Consumer information delivered over the Internet, by telephone, including a statewide information hotline, or in person.

(2) Referral to programs or services delivered over the Internet, by telephone, including a statewide information telephone hotline, or in person.

(3) Short-term assistance for the consumer or caregiver, provided by persons qualified to work with the consumer to define needs, to refer the consumer to services that are free of charge or that may be purchased by the consumer, and to develop a plan of coordinated care.

(4) Recognition of the need for ongoing assistance, with the ability to link consumers to ongoing assistance, care coordination, services coordination, or case management.

(c) (1) The term “care navigator” describes an individual who provides care navigation to older persons or persons with disabilities in need of long-term care services, or to caregivers. Care navigators consider an individual’s medical and functional needs, financial resources, and social support, in order to partner with the individual and, together, determine which services offered in the community are most appropriate for the consumer. The intervention with the consumer may be limited, depending on the consumer’s needs.

(2) Care navigation may be performed within existing programs and at multiple points of entry, including, but not limited to, area agencies on aging, independent living centers, county welfare departments, hospitals, caregiver resource centers, and senior centers.

(d) The term “CalCareNet” describes a self-directed statewide, Internet-based application using the State of California Internet portal to link local Internet information systems. The CalCareNet Web site is designed to help the consumer find state-licensed providers of health services, social services, mental health services, alcohol and other drug services, and disability services, and also to find state-licensed care facilities. The purpose of CalCareNet is to enable the consumer to better navigate the long-term care system.


citation: WIC § 9252

text:
Implementation of this chapter shall be grounded on the following principles:

(a) Services shall be provided in the least restrictive, most home-based environment compatible with the health condition, mental status, and long-term needs of each consumer.

(b) Services shall be accessible through multiple points of entry into a continuum of long-term care services that meet a wide range of needs of the aging population and for persons with disabilities.

(c) Home- and community-based long-term care services shall be readily accessible from the hospital.

(d) Home- and community-based long-term care services that meet a wide range of consumer needs shall be available.


text:
(a) The Legislature finds and declares all of the following:

(1) Providers of long-term care programs, including, but not limited to, programs of all-inclusive care for the elderly, skilled nursing facilities, adult day care, adult day services, Alzheimer’s day care centers, and multipurpose senior services programs, are regulated by numerous state and local agencies.

(2) Overlapping and duplicative oversight of long-term care programs often results in conflicting interpretations of statutes and regulations. Also, oversight by multiple agencies creates an operational burden that ultimately deprives residents or clients of valuable staff time.

(3) The State Auditor has completed an audit investigation of the duplicative overlapping regulatory oversight of long-term care programs.

(b) By March 1, 2005, the California Health and Human Services Agency shall determine the appropriate single entity to provide oversight of the waiver standards for adult day health care centers.

(c) The State Department of Health Services shall determine a percentage of the number of oversight reviews it conducts of the Multipurpose Senior Services Program (MSSP) utilization surveys that are conducted by the California Department of Aging. The percentage of surveys reviewed shall be sufficient to ensure effective oversight, but small enough to avoid unnecessary duplication of effort.

history: (History: Added by Stats. 2004, Ch. 455, Sec. 1. Effective January 1, 2005.)


citation: WIC § 9254

text:
(a) By January 1, 2005, the agency, with recommendations from the Long-Term Care Council, shall set standards for CalCareNet, with the goal of creating an Internet site that links to counties and planning service areas, and that provides information on long-term care services that are available to the consumer. The agency shall recommend guidelines for local Internet information systems, allowing for flexibility in design and structure. The local entities with existing systems are encouraged to maintain existing systems, assuming CalCareNet guidelines are met.

(b) State funds shall not be appropriated for purposes of this section. The agency is not required to undertake any new task described in this section unless it receives federal or private funds for that purpose.

(c) Information shared between, and tracked by, providers through CalCareNet may in no way violate Section 15633, pertaining to client confidentiality, or any other statute requiring that client information be kept confidential, unless otherwise exempted by law.

(d) In crafting its guidelines for the local-level information systems, the Long-Term Care Council shall seek input from interested stakeholders, including, but not limited to, all of the following:

(1) Consumers.

(2) Consumer advocacy organizations.

(3) Area agencies on aging.

(4) Senior legal services.

(5) The California Commission on Aging.

(6) Caregiver resource centers.

(7) Veterans’ services.

(8) Senior centers.

(9) PACE (Program for All Inclusive Care for the Elderly).

(10) The Senior Care Action Network (SCAN).

(11) The Multipurpose Senior Services Program (MSSP) services.

(12) Ombudspersons.

(13) County-level programs, including, but not limited to, In-Home Supportive Services (IHSS), county welfare departments, public health departments, and adult protective services agencies.

(14) Programs for persons with disabilities, including, but not limited to, independent living centers.

(15) Other social service programs, including, but not limited to, employment development programs.

(e) By January 1, 2004, the agency shall link the CalCareNet Web site to local Internet information systems. The agency shall permit counties and planning service areas to design local information systems, contingent upon the availability of funding and resources for these purposes.


citation: WIC § 9255

text:
(a) By January 1, 2004, the agency, based on recommendations from the Long-Term Care Council, shall recommend to the Legislature standards for care navigation, including suggestions for connecting consumers from the acute care system, to and through the long-term care system.(b) In its recommendations to the Legislature, the agency shall address care navigator educational and training requirements, the care navigator location within the long-term care continuum, licensure and oversight requirements, and potential funding impact. In its recommendations, the agency shall discuss the need for waivers, enhancing access to home- and community-based services for private payers, connecting the acute care system with the long-term care system, and obtaining private and public funding. The agency shall also discuss means for the cooperative participation of insurance companies, physicians, hospitals, assisted living facilities, home health agencies, and skilled nursing facilities.

(c) In crafting its recommendations to the agency, the Long-Term Care Council shall seek input from interested stakeholders, including, but not limited to, those stakeholders described in subdivision (d) of Section 9254.

(d) Care navigation must be consistent with the goal of developing a program that is based on the existing state and local systems, to ensure that consumers are connected to the necessary care and services.

(e) State funds shall not be appropriated for the purpose of implementing this section. The agency is not required to undertake any new task specified in this section unless it receives federal or private funds for that purpose.


citation: WIC § 9256

text: The implementation of a care navigation program, as described in Section 9255, shall be subject to the enactment of legislation requiring implementation.


citation: WIC § 9260

text:
(a) (1) The Long-Term Care Patient Representative Program is established within the California Department of Aging to provide public patient representatives for residents of skilled nursing or intermediate care facilities to participate in interdisciplinary team reviews held pursuant to Section 1418.8 of the Health and Safety Code in the event that a family member, friend, or other person authorized by state or federal law cannot be located, or is otherwise unavailable, unwilling, or unable to participate as a patient representative.

(2) The Office of the Long-Term Care Patient Representative is established within the California Department of Aging to coordinate and oversee the statewide provision of public patient representative services and to train and certify individuals who serve as public patient representatives in the Long-Term Care Patient Representative Program.

(b) The department may enter into agreements with area agencies on aging, government agencies, or nonprofit organizations to provide patient representative services as local long-term care patient representative programs (“local program”). Contracts between the department and local programs shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

(c) The department shall provide every skilled nursing facility and intermediate care facility, and update as needed, contact information for local programs to be used for required notices.

(d) The department shall collect, analyze, and report data related to the program, including the number of residents represented and the number of interdisciplinary team meetings attended.

history: (History: Added by Stats. 2021, Ch. 85, Sec. 21. (AB 135) Effective July 16, 2021.)

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 3.6. Office of the Long-Term Care Patient Representative


citation: WIC § 9265

text:
(a) The department shall establish appropriate eligibility, training, certification, and continuing education requirements for public patient representatives. An individual shall not serve as a public patient representative until and unless the individual obtains and maintains certification pursuant to this section.

(b) Each public patient representative shall obtain a criminal offender record clearance prior to entry into any skilled nursing facility or intermediate care facility.

(c) The certification process shall ensure that each public patient representative is not prohibited from serving as a patient representative by Section 1418.8 of the Health and Safety Code.

chapter: 3.6. Office of the Long-Term Care Patient Representative


citation: WIC § 9270

text:
(a) A public patient representative shall not participate in an interdisciplinary team review of a decision that would directly and inexorably lead to death.

(b) Notwithstanding subdivision (a), a public patient representative may participate in an interdisciplinary team review to create or revise Physician Orders for Life Sustaining Treatment, as specified in Part 4 (commencing with Section 4780) of Division 4.7 of the Probate Code, Do Not Resuscitate, comfort care orders, and elections of hospice care. The public patient representative shall ascertain whether that care is consistent with the resident’s individual health care instructions, if any, and other expressed wishes, to the extent known, or otherwise whether the proposed intervention appears consistent with the best interest of the resident.


citation: WIC § 9275

text:
A public patient representative assigned by the program to an interdisciplinary team review shall do all of the following:

(a) Conduct a review to confirm that all criteria are met for an interdisciplinary team to convene for a resident and for the assignment of a patient representative by the program, as required by Section 1418.8 of the Health and Safety Code, including reviewing a copy of all written notices from the facility to the resident regarding the physician’s determination that the resident lacks the ability to provide informed consent, and the facility’s determination that there is no surrogate decisionmaker.

(b) Meet and, if possible, interview the resident prior to an interdisciplinary team meeting for initial review of a proposed treatment intervention or quarterly review of that intervention, or upon a change of condition in the resident necessitating a change in the proposed intervention.

(c) Review the medical and clinical records of the resident.

(d) Review relevant policies and procedures of the facility.

(e) Participate in the interdisciplinary team review of the proposed intervention, considering the factors required by Section 1418.8 of the Health and Safety Code, including the risks and benefits of the proposed intervention, and any alternatives, and consider whether the proposed intervention is either consistent with the resident’s preferences or best approximation of preferences, if known, or otherwise whether the proposed intervention appears consistent with the best interests of the resident.

(f) Articulate the resident’s preferences, if known, or best approximation of preferences.

(g) Identify and report any concerns regarding abuse and neglect of the resident to the Office of the Long-Term Care Ombudsman, the State Department of Public Health, and other appropriate organizations or agencies.

(h) Refer a resident who seeks judicial review pursuant to Section 1418.8 of the Health and Safety Code to appropriate legal services identified by the program. Public patient representatives and the program shall not provide legal representation or advice to residents.


citation: WIC § 9280

text: Upon request of the department, the Attorney General shall represent the department, local programs, and the program’s representatives in litigation concerning affairs of the program, unless the Attorney General represents another state agency, in which case the agency or the department shall employ other counsel.


citation: WIC § 9285

text: 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 department may implement this chapter or Section 1418.8 of the Health and Safety Code, in whole or in part, by means of a program memo or other similar instruction.


citation: WIC § 9290

text:
(a) The State of California, the California Department of Aging, local programs, and any employee or representative of the program shall not be held liable for civil damages on the account of any harm, injury, or death resulting from any act or omission by the state, department, program, or its employees or representatives in good faith performance of the duties and responsibilities under this chapter.

(b) All communications by employees or representatives of the State of California, the California Department of Aging, and local programs, if reasonably related to the duties and 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.


citation: WIC § 9295

text: Notwithstanding any other provision of this chapter, the department is not required to begin providing public patient representatives pursuant to this chapter until July 1, 2022, or the date that the Director of the California Department of Aging certifies to the State Public Health Officer and provides public notice that the Long-Term Care Patient Representative Program is operational, whichever is earlier.


citation: WIC § 9300

text:
(a) The Legislature finds and declares that the needs of senior citizens for public programs in health, social services, recreation, transportation, education, housing, cultural services, and other appropriate areas of service can best be assessed by senior citizens.

(b) The Legislature also finds and declares that the California Senior Legislature, having been in continuous service since first provided for in 1980, and since its first session in 1981, and having proved its usefulness in providing model legislation for older citizens and advocating for the needs of seniors, shall be established through this chapter and shall operate according to the procedures set forth in this chapter.

chapter: 4. California Senior Legislature

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 4. California Senior Legislature


citation: WIC § 9301

text:
(a) The California Senior Legislature shall be composed of two houses, the California Senior Senate, composed of 40 members, and the California Senior Assembly, composed of 80 members.

(b) Members of the California Senior Legislature shall serve two-year terms.

(c) Notwithstanding subdivision (b), members elected or appointed to the California Senior Legislature on or after January 1, 2006, shall serve four-year terms.

history: (History: Amended by Stats. 2004, Ch. 633, Sec. 5. Effective January 1, 2005. Operative July 1, 2006, or sooner, as prescribed by Sec. 9 of Ch. 633.)


citation: WIC § 9302

text: The members of the California Senior Legislature shall be elected or appointed, in all 33 planning and service areas in California, according to rules developed by the California Senior Legislature in cooperation with the California Association of Area Agencies on Aging.

history: (History: Amended by Stats. 2004, Ch. 633, Sec. 6. Effective January 1, 2005. Operative July 1, 2006, or sooner, as prescribed by Sec. 9 of Ch. 633.)


citation: WIC § 9304

text: The California Senior Legislature shall have the full authority to define its program and utilize its funds in any way necessary to carry out the duties of this chapter, provided that no such program or activity is in violation of state law or regulation.


text:
(a) The California Senior Legislature shall enter into a mutually agreed-upon interagency agreement with a state entity to carry out administrative duties related to its program.

(b) The California Senior Legislature shall identify the state entity for purposes of subdivision (a) by May 1, 2005, in order to meet the budget proposal cycle to achieve a transition of responsibilities in the 2006–07 fiscal year.

(c) This section does not preclude the California Senior Legislature from entering into mutually agreed-upon interagency agreements for any subsequent fiscal year.

history: (History: Added by Stats. 2004, Ch. 633, Sec. 7. Effective January 1, 2005. Operative July 1, 2006, or sooner, as prescribed by Sec. 9 of Ch. 633.)


citation: WIC § 9305

text:
(a) The funds for the California Senior Legislature shall be allocated from the California Senior Legislature Fund or from private funds directed to the Legislature for the purpose of funding activities of the California Senior Legislature.

(b) The California Senior Legislature may accept gifts and grants from any source, public or private, to help perform its functions, pursuant to Section 9304.

history: (History: Amended by Stats. 2015, Ch. 20, Sec. 15. (SB 79) Effective June 24, 2015.)


citation: WIC § 9320

text:
(a) The department shall establish a task force to study and make recommendations, including action steps and timelines, on the improvement of legal services delivery to older adults in California by exploring the following matters:

(1) Actions to ensure that all area agencies on aging allocate sufficient funding to local legal assistance providers. Actions may include, but not be limited to, the establishment of a minimum percentage of area agency on aging funding for legal assistance providers in California.

(2) Ways to ensure uniformity in the provision of legal services throughout the state, including, but not limited to, possible development of uniform statewide standards for the delivery of legal services in California.

(3) Measures to evaluate and monitor local legal assistance programs to ensure compliance with the federal Older Americans Act and its implementing regulations.

(4) Establishment of statewide reporting system to assess the effectiveness of a legal assistance program for older adults in the state.

(5) The possible establishment of a statewide legal hotline for older adults.

(6) Opportunities to enhance communications among the various service providers and to ensure efficient service delivery involving local programs and a statewide hotline, should it come into existence.

(7) Opportunities for joint training for legal older adult services advocates around the state.

(8) Other states’ legal services delivery networks.

(b) The director shall serve on or appoint a representative to the task force, and shall appoint the following additional members:

(1) One member of the Legislature or their representative.

(2) Three legal service director representatives of existing legal service programs for older adults.

(3) The Legal Services Developer at the California Department of Aging.

(4) Two area agency on aging directors.

(5) Two representatives of older adult advocacy organizations.

(6) A representative of the State Bar of California.

(c) The Member of the Legislature, or their representative, shall serve on the task force to the extent that the service is compatible with the duties of a Member of the Legislature.

(d) The task force shall report and make its recommendations to the Legislature on or before September 1, 2002.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 18. (SB 1249) Effective January 1, 2025.)

chapter: 4.3. Senior Legal Services

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 4.3. Senior Legal Services


citation: WIC § 9400

text:
(a) The Legislature hereby declares and recognizes the area agencies on aging to be the local units on aging in California that are supported from an array of sources, including federal funding largely through the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), state and local governmental assistance, the private sector, and individual contributions for services.

(b) Area agencies on aging shall operate in compliance with the Older Americans Act and applicable regulations.

(c) Each area agency on aging shall maintain a professional staff that is supplemented by volunteers, governed by a board of directors or elected officials, and whose activities are reviewed by an advisory council consisting primarily of older individuals from the community.

(d) (1) Each area agency on aging shall create a plan that considers available data and population trends, assesses the needs for services provided under this division reflective of the community needs, identifies sources for funding those services, and develops and implements a plan for delivery of those services based on those needs. Each plan shall include developing area home- and community-based systems of care that maintain individuals in their own homes or least restrictive environment, providing better access to these services through information and referral, outreach, and transportation, and advocating for older adults on local, state, and national levels.

(2) Each plan shall use the California Elder Economic Security Standard Index as a reference when making decisions about allocating existing resources to specify the costs in the private market of meeting the basic needs of elders in each planning and service area. This paragraph shall be implemented only if the California Elder Economic Security Standard Index is updated and made available to the area agencies on aging, and if the available public data used to calculate each California Elder Economic Security Standard Index data element is calculated and updated using county level information specific to each California county and made available to the area agencies on aging in a format that displays each county’s specific data.

(e) Area agencies on aging shall function as the community link at the local level for development of home- and community-based services provided under the department’s programs.

(f) The area agencies on aging shall implement subdivision (b) of Section 9100 at the local level, with particular emphasis on coordinating with the local systems to enable individuals to live out their lives with maximum independence and dignity in their own homes and communities through the development of comprehensive and coordinated systems of home- and community-based care. This division shall not preclude local determination and designation of service coordinators other than area agencies on aging, for development and implementation of the long-term care integration pilot projects set forth in Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9.

(g) In fulfilling their mission, area agencies on aging shall build upon the resources and the commitment unique to each community and shall be guided by a 10-point description of a community-based system that shall do all of the following:

(1) Have a visible focal point of contact where anyone can go or call for help, information, or referral on any aging issue.

(2) Provide a range of service options.

(3) Ensure that these options are readily accessible to all older individuals, whether independent, semi-independent, or totally dependent, no matter what their income.

(4) Include a commitment of public, private, and voluntary resources committed to supporting the system.

(5) Involve collaborative decisionmaking among public, private, voluntary, religious, and fraternal organizations, as well as older adults and consumers in the community.

(6) Offer special help or targeted resources for the most vulnerable older adults, those in danger of losing their independence.

(7) Provide effective referral from agency to agency to ensure that information or assistance is received, regardless of how or where contact is made in the community.

(8) Evidence sufficient flexibility to respond with appropriate individualized assistance, especially for the vulnerable older individuals.

(9) Have a unique character that is tailored to the specific nature of the community.

(10) Be directed by leaders in the community who have the respect, capacity, and authority necessary to convene all interested persons to assess needs, design solutions, track overall success, stimulate change, and plan community responses for the present and for the future.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 19. (SB 1249) Effective January 1, 2025.)

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 5. Area Agencies on Aging and Advisory Councils


citation: WIC § 9401

text: Area agencies on aging and other county agencies that provide services to older adults through an established multidisciplinary team, including the county departments of public social services, health, mental health, alcohol and drug abuse, and the public guardian, may provide information regarding older adult clients only to other county agencies with staff designated as members of a multidisciplinary team that are, or may be, providing services to the same individuals for purposes of identifying and coordinating the treatment of individuals served by more than one agency. The county patients’ rights advocate shall report any negative consequences of the implementation of this exception to confidentiality requirements to the local mental health director.

chapter: 5. Area Agencies on Aging and Advisory Councils


citation: WIC § 9402

text: The Legislature hereby declares and recognizes each area agency on aging advisory council as a principal advocate body on behalf of older individuals within a planning and service area. Area agency on aging advisory councils shall operate in conformance with applicable federal requirements. The local advisory councils shall meet regularly and provide advice and consultation on issues affecting the provision of services provided locally to older individuals.


citation: WIC § 9403

text: To the extent provided for in paragraph (2) of subdivision (a) of Section 18773 of the Revenue and Taxation Code, the Legislature hereby recognizes the Area Agency on Aging Advisory Council of California, comprised of the chairs of the local advisory councils.


citation: WIC § 9404

text: An individual’s receipt of services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300), Part 3, Division 9) shall not be the sole cause for denial of any services provided by area agencies on aging or their contractors.

history: (History: Added by Stats. 2004, Ch. 229, Sec. 16. Effective August 16, 2004.)


citation: WIC § 9450

text:
(a) The Legislature finds and declares all of the following:

(1) Thousands of California seniors are living with mobility and health problems and these numbers will increase as the state’s population ages. Statistics show that 50 percent of people over the age of 80 years are disabled in some manner.

(2) Most housing was not designed for people who are disabled, have lost strength, flexibility, or balance through aging, and who necessarily have become fearful or extremely cautious in their daily activities to avoid injury. Front steps, staircases, narrow doorways, low electric sockets, low light levels, round door handles, high kitchen cabinets, and bathrooms without grab bars or moveable shower heads pose hazards for the elderly. One in three Americans over the age of 65 years suffers a fall each year, often in the home, which can cause serious injury and depression.

(3) Studies show that basic home modifications to improve safety and make it easier to maneuver about the home can forestall hospitalization and nursing home care as seniors grow more fragile. “Aging in place” is a new concept that can result in less injury, retaining elders in their homes, and offers a significant cost savings to health care insurers, families, and public agencies.

(b) It is the intent of the Legislature that the development of the “aging in place” concept be recognized and supported by the state, that funding for education and making home improvements be facilitated through public and private sources, and that recommendations for changes in home modification policies and information for home modification projects and products be developed.

history: (History: Added by Stats. 2000, Ch. 797, Sec. 3. Effective January 1, 2001.)

chapter: 4.5. Home Modifications for Seniors

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 4.5. Home Modifications for Seniors


citation: WIC § 9451

text: The department, in consultation with the commission, shall enter into a contract for the development of information and materials which shall be used to educate Californians on the concept of “aging in place” and the benefits of home modification. The contractor shall be a research-based university gerontology department with extensive experience and work with the concept of “aging in place” and the benefits of home modification.


citation: WIC § 9452

text: The department shall distribute the information developed pursuant to Section 9451 to each area agency on aging and to other appropriate entities throughout the state.


citation: WIC § 9453

text: The department, in cooperation with the entity contracting with the department pursuant to Section 9451, shall sponsor regional training sessions, and seminars, using the materials developed pursuant to this chapter.


citation: WIC § 9454

text: Implementation of this chapter shall be subject to an appropriation in the annual Budget Act.


citation: WIC § 9460

text:
(a) (1) Notwithstanding any other law, an area agency on aging or a county, or both, may establish an aging multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating services.

(2) If a city within the service area of an area agency on aging or a county that has established an aging multidisciplinary personnel team pursuant to this section requests to participate in that team, participation of appropriate city personnel shall be allowed, as determined by the area agency on aging or county, unless the area agency on aging or county determines that participation by the city would hinder compliance with the requirements and obligations set forth in this section or would otherwise conflict with the goals and objectives of the area agency on aging or county.

(b) For the purposes of this section, the following terms have the following meanings:

(1) “Aging multidisciplinary personnel team” means any team of two or more persons who are trained in and who are qualified to provide a broad range of services related to older adults. The team may include, but shall not be limited to, all of the following:

(A) Mental health and substance use disorder services personnel and practitioners or other trained counseling personnel.

(B) Police officers, probation officers, or other law enforcement agents.

(C) Legal counsel for the older adult.

(D) Medical personnel with sufficient training to provide health services.

(E) Social services workers with experience or training in the eligibility for and provision of services to older adults.

(F) Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to older adults.

(G) Veterans services providers and counselors.

(H) Domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.

(I) A member of a multidisciplinary team, as defined in Sections 9401, 15610.55, 18999.8, or 18999.81.

(J) Aging services provider agencies and designated personnel, including individuals with area agencies on aging.

(K) A representative from the Office of the State Long-Term Care Ombudsman.

(2) “Aging service provider agency” means any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of services to older adults. The aging services provider agencies serving older adults that may share information under this section include, but are not limited to, all of the following entities or service agencies:

(A) Social services.

(B) Health services.

(C) Mental health services.

(D) Substance use disorder services.

(E) Probation.

(F) Law enforcement.

(G) Legal counsel for the adult.

(H) Veterans services and counseling.

(I) Domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.

(J) A member of a multidisciplinary team, as defined in Sections 9401, 15610.55, 18999.8, or 18999.81.

(K) Caregivers.

(L) Housing.

(M) Long-term care ombudsperson.

(3) “Older adult” means a person of 60 years of age or older.

(c) (1) Members of an aging multidisciplinary personnel team engaged in the identification, assessment, and linkage of services to older adults may disclose to, and exchange with, one another, information and writings that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of or the provision of services. Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.

(2) Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the aging multidisciplinary personnel who are involved in that disclosure or exchange of information.

(3) Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the aging multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).

(4) Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individual’s informed consent, in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section.

(d) The aging multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).

(e) (1) The sharing of information permitted under subdivision (c) shall be governed by protocols developed by each area agency on aging or county that establishes an aging multidisciplinary personnel team. The protocols shall describe how and what information may be shared by the aging multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the aging multidisciplinary personnel team. Each aging multidisciplinary personnel team shall post the protocols on the internet website on the homepage of the area agency on aging or county’s office of aging within 30 days of adoption. Each area agency on aging or county shall provide a copy of its protocols to the California Department of Aging. This subdivision shall not be construed to require the department to review or approve any aging multidisciplinary personnel team protocols that it receives.

(2) A protocol developed by an area agency on aging or a county pursuant to paragraph (1) shall include, but not be limited to, all of the following:

(A) The items of information or data elements that will be shared.

(B) The participating agencies.

(C) A description of how the information shared pursuant to this section will be used by the aging multidisciplinary personnel team only for the intended purposes specified in subdivision (a).

(D) The information retention schedule that participating agencies shall follow.

(E) A requirement that no confidential information or writings be disclosed to persons who are not members of the aging multidisciplinary personnel team, except to the extent required or permitted under applicable law.

(F) A requirement that participating agencies develop uniform written policies and procedures that include security and privacy compliance training for employee access to information pursuant to this protocol.

(G) A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies.

(H) A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure.

(I) A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner.

(J) A requirement that, unless otherwise permitted by law, an area agency on aging or a county that establishes an aging multidisciplinary personnel team obtain the affirmative consent of an individual or their representative before the individual’s information may be shared.

(K) A requirement that, unless otherwise permitted by law, an area agency on aging or a county that establishes an aging multidisciplinary personnel team notify an individual that the individual’s information may be shared for the purposes of the identification of or the provision of services once affirmative consent is obtained and that the individual may opt out of sharing information under this section at any time. The notice shall inform the individual that refusal to consent to the sharing of information or deciding to opt out of sharing information under this section does not affect their eligibility for services.

(f) Every member of the aging multidisciplinary personnel team who receives information or records regarding adults and families in that member’s capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

(g) This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.

(h) Information and records communicated or provided to the team members by all providers and agencies shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.

history: (History: Added by renumbering Section 9450 (as added by Stats. 2022, Ch. 621, Sec. 1) by Stats. 2024, Ch. 80, Sec. 135. (SB 1525) Effective January 1, 2025.)


citation: WIC § 9500

text: This chapter shall be known and may be cited as the Home-Delivered Meals Act.

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

chapter: 6. Home-Delivered Meals Act

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 6. Home-Delivered Meals Act


citation: WIC § 9501

text:
(a) The department shall allocate any new funds to area agencies on aging based upon the existing intrastate funding formula, but without regard to subdivision (b) of Section 9112.

(b) Funds may be expended by area agencies on aging for any of the following purposes:

(1) To serve older individuals on waiting lists.

(2) To increase the number of days per week that meals are provided under the Home-Delivered Meals Program from five to seven.

(3) To provide modified diets specific to the needs of individuals being served by the Home-Delivered Meals Program.

(4) To establish an active outreach program to ensure that California’s older adults are aware of the availability of home-delivered meals services.

(5) For capital outlay to expand the physical capacity of local needs programs to serve unmet need.

(6) To fund transportation costs related to the delivery of home-delivered meals.

(7) To otherwise deal with the unmet home-delivered nutrition needs identified by the area agency on aging in accordance with the criteria developed by the department pursuant to this subdivision.

(c) The department shall encourage area agencies on aging to include in the home-delivered meals programs alternative service models designed to reduce the social isolation of older adults who are economically and nutritionally disadvantaged and who do not have permanent housing.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 20. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9530

text:
(a) As part of its role in providing leadership to the area agencies on aging in the development of systems of home and community-based services to maintain individuals in their own homes or least restrictive homelike environments and to ensure the availability of information and awareness of their benefits, rights, and responsibilities, the department shall contract for an array of state-funded community-based services specified in this division to older individuals and functionally impaired adults.

(b) It is the intent of the Legislature to facilitate central points of access through integration of the financing and local management of the community-based services programs, specified in Chapter 7.5 (commencing with Section 9540) under the area agencies on aging. Except for any new funds appropriated, the department shall contract for these services in the planning and service areas where the services are currently provided.

(c) It is the intent of the Legislature to ensure that contracts for services specified in Chapter 7.5 (commencing with Section 9540) be awarded through a competitive procurement process, considering factors such as cost and scope of services. Where not otherwise prohibited by state or federal law or regulations, programs may benefit from the economical use of shared resources that are colocated. This chapter shall not prohibit the development or continuation of the colocation of these programs.

chapter: 7. Community-Based Services Network

path: 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT > 7. Community-Based Services Network


text: Consistent with Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9, the Legislature reaffirms the need to restructure the array of categorical programs that offer medical, social, and other support services that are funded and administered by a variety of federal, state, and local agencies. It is in the interest of the state, as a whole, to address the duplication and fragmentation of the long-term care system and the home- and community-based services needs of older adults and adults with functional impairments. Ideally, individuals needing long-term care should be able to access the health and social services system through a central point of entry, disclose basic demographic information, and be referred to the appropriate sources for assessment, care planning, and purchase of services.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 21. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9531

text:
(a) This chapter establishes the Community-Based Services Network.

(b) It is the intent of the Legislature that a Community-Based Services Network be initiated by the department in order to do all of the following:

(1) Locally integrate the state-funded community-based services programs, specified in this division, for older adults and adults with functional impairments.

(2) Provide increased local flexibility in setting priorities for the services contained within the six state General Fund programs specified in Sections 9542 to 9547, inclusive.

(3) Contract responsibility for local management of the state-funded community-based services programs specified in Chapter 7.5 (commencing with Section 9540) to participating area agencies on aging.

(c) Each participating area agency on aging shall ensure the continuation of the funding match currently required for the community-based services programs specified in Chapter 7.5 (commencing with Section 9540). The match may consist of either cash or in-kind services.

(d) Each participating area agency on aging shall have responsibility for local program management of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540).

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 22. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9532

text:
In addition to the definitions already contained in this division, the following definitions apply to this chapter:

(a) “Adult with functional impairment” means an adult 18 years of age or older, who is at risk of institutional placement due to a chronic physical and mental disability, including disabilities caused by organic disorders or diseases, that restrict the individual’s ability to independently perform activities of daily living, who has an inadequate informal or formal support network, and who has to leave their home without supportive home- and community-based services.

(b) “Community-based services programs” means the programs specified in Chapter 7.5 (commencing with Section 9540).

(c) “Local program management” means the area agency on aging’s responsibility to oversee the operation of programs specified in Chapter 7.5 (commencing with Section 9540).

(d) “Participating area agency on aging” means an area agency on aging that contracts with the department pursuant to this chapter.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 23. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9533

text:
The department shall be responsible for, but not limited to, all of the following:

(a) Reviewing and approving the Community-Based Services Network component of the area plans of participating area agencies on aging.

(b) Entering into contracts with area agencies on aging to carry out the requirements set forth in this chapter and Chapter 7.5 (commencing with Section 9540) that shall include the requirements set forth in subdivisions (c) and (e) for area agencies local management responsibilities under this division.

(c) Developing the respective responsibilities for the department and participating area agencies on aging.

(d) Developing model language for area agencies on aging to use in their procurement and final contracts with direct service providers.

(e) Enforcing statewide requirements to ensure compliance with the statutes and regulations necessary to carry out the purposes of this chapter and Chapter 7.5 (commencing with Section 9540).

(f) Ensuring that a participating area agency on aging that has not been directly providing the services specified under the programs provided for in Chapter 7.5 (commencing with Section 9540) shall not commence directly providing these services until the department has reviewed and concurred with the area plan or update documentation demonstrating that the area agency can provide a comparable quality of these services at least as economically and at an enhanced benefit to the consumer or that there is not an adequate supply of these services in the affected area.


citation: WIC § 9534

text:
(a) Contracts between the department and participating area agencies on aging shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

(b) For the health insurance counseling and advocacy program, participating area agencies on aging that cover a single planning and service area shall maintain the existing service arrangements during the 1997–98 fiscal year, unless either a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and area agencies on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or if state funds cease to be budgeted for the specified services.

(c) For the health insurance counseling and advocacy program, participating area agencies on aging that cover multiple planning and service areas shall enter into mutual agreements or joint powers agreements, or both, to maintain the existing service arrangements for the health insurance counseling and advocacy program for the 1997–98 fiscal year and for one additional year, if needed, but not to extend beyond June 30, 1999, unless either a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and area agency on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or if state funds cease to be budgeted for the specified services.

(d) For the programs other than the health insurance counseling and advocacy program specified in Chapter 7.5 (commencing with Section 9540), participating area agencies on aging shall maintain the existing service arrangements during the 1997–98 fiscal year, unless either a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and area agency on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or if state funds cease to be budgeted for the specified services.

(e) For the programs other than the health insurance counseling and advocacy program specified in Chapter 7.5 (commencing with Section 9540), participating area agencies on aging shall maintain the existing service arrangements during the 1998–99 fiscal year, unless a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and the area agency on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or state funds cease to be budgeted for the specified services.

(f) Subject to fiscal years specified in subdivisions (b) to (e), inclusive, participating area agencies on aging that elect not to provide the community-based services specified in Chapter 7.5 (commencing with Section 9540) directly, shall provide for the services through contracts awarded on the basis of a competitive proposal or bid process, or both, that is conducted at least once every four years, except that an area agency on aging shall not be required to conduct a full competitive process if all of the following conditions are met:

(1) A request for application is published, and full outreach is conducted to reasonably notify all potential interested parties, such as formal advertisements in trade journals and association publications.

(2) No applicants, in addition to current contractors, respond to the request for application.

(3) Complete documentation of the outreach effort is maintained by the area agency on aging.

(g) Any dispute regarding the procurement of, and the terms and conditions of the direct service contracts procured by the area agency on aging shall be resolved locally, consistent with subdivision (k) of Section 9535, and as specified in the local area agency procurement documents and contracts.


citation: WIC § 9535

text:
Area agencies on aging shall be responsible for, but not limited to, all of the following:

(a) Contracting with the department to locally manage the community-based programs specified in and in accordance with the requirements of this chapter and Chapter 7.5 (commencing with Section 9540).

(b) Integrating the community-based services programs contracted under this chapter into the local area plan development process.

(c) Where the area agency on aging proposes to redirect funding under this chapter, the area agency shall ensure that it has submitted its recommendations to a locally formed advisory committee, that shall include consumers of long-term care services, representatives of local organizations of older adults, adults with functional impairments, representatives of employees who deliver direct long-term care services, and representatives of organizations that provide long-term care services. At least one-half of the members of the advisory committee shall be consumers of services provided under this chapter or their representatives.

(d) In addition, where the area agency on aging proposes to redirect funding under this chapter, an administrative action plan shall be developed and shall receive the approval of the area agency’s governing board, which shall consider the input received pursuant to subdivision (c). The administrative action plan shall receive the governing board’s approval prior to submission to the department for final state approval. The administrative action plan shall be an update to the area plan.

(e) Effective in the 1999–2000 fiscal year, and except for the health insurance counseling and advocacy program, determining which of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540) and contracted under the authority in this chapter will continue to be funded and the amount of funding to be allocated for that purpose.

(f) Subject to Section 9534, providing directly, through contracts with other local governmental entities, or through competitively procured contracts, the community-based services programs.

(g) When required pursuant to Chapter 875 of the Statutes of 1995, and subject to the annual Budget Act, relinquishing funding originally contracted under this chapter and the associated local management of the community-based services programs, and except for the health insurance counseling and advocacy program, to the long-term care integration pilot program.

(h) Monitoring direct services contract performance and ensuring compliance with the requirements of this chapter and any other relevant state or federal laws or regulations and the nondiscrimination requirements set forth under Article 9.5 (commencing with Section 4135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.

(i) Appropriately expending and accounting for all funds associated with this chapter and providing access to all program books of account and other records to state auditors.

(j) Maintaining a systematic means of capturing and reporting to the department all required community-based services program data, specified in paragraph (5) of subdivision (a) of Section 9102.

(k) The governing body of each participating area agency shall establish a process within its area plan for requesting and providing a hearing for the programs specified under this chapter and Chapter 7.5 (commencing with Section 9540). A hearing shall be provided upon the request of either provider whose existing direct services contract is either terminated prior to its expiration date or reduced in scope outside of the state or federal budget process, or any applicant that is not selected in a direct service contract procurement process due to the alleged presence of a conflict of interest, procedural error or omission in solicitation request, or the lack of substantial evidence to support the award.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 24. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9536

text:
(a) The state funds available for the community-based services programs may not be expended for services other than those specified in Chapter 7.5 (commencing with Section 9540), and shall be limited to the state funds appropriated to the department for the implementation of this chapter and Chapter 7.5 (commencing with Section 9540).

(b) Reimbursement for administrative costs incurred by a participating area agency on aging in operating the community-based services network shall not exceed the administrative funding ratio allowed for area agencies on aging under Title III of the federal Older Americans Act (42 U.S.C. Sec. 3001, et seq.), and as specified in the contract.

(c) The funding provided under this chapter may not be used to supplant the local matching requirements of other state and federal programs.


citation: WIC § 9537

text:
The funding contracted by the department to the participating area agencies on aging under this chapter shall consist of both of the following:

(a) The proportion of local assistance funds appropriated to, and encumbered by, the department for direct services under the community-based services programs specified in Chapter 7.5 (commencing with Section 9540).

(b) The proportion of state operations cost savings realized by the department that are directly attributable to the local management of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540) and any additional funds subsequently appropriated for the administrative costs incurred by the area agencies on aging.

(c) Subject to the annual Budget Act, in no event shall the amount appropriated to the participating area agency on aging for purposes of subdivisions (a) and (b), be less than that appropriated in the base fiscal year of 1997–98.


citation: WIC § 9538

text:
(a) Persons involved in the procurement or management of services shall not engage in a conflict of interest, real or apparent.

(b) Staff and volunteers shall not engage in the business of insurance or other related activity while associated with the community-based services programs.

(c) For the services covered under the community-based services programs, no area agency or contract officer, employee, or board member shall use the formal names or acronyms for the services except in conjunction with the provision of covered services, official duty, and participation in specifically sanctioned events.

(d) No information concerning any individual that is acquired by the department, the area agencies on aging, or service providers in the administration and delivery of community-based services specified in Chapter 7.5 (commencing with Section 9540), including the fact that an individual has sought or received services, shall be disclosed without the informed written consent of the individual to whom the information applies or unless pursuant to court order, after noticed hearing, irrespective of whether the person or party seeking disclosure already has the information, has other means of obtaining the information, had obtained a subpoena to obtain the information, or asserts any other basis or justification for disclosure of the information. Nothing in this subdivision shall preclude the exchange of information between the department, the area agencies on aging, and service providers which is necessary for the effective state and local administration and oversight of the programs involved, or the sharing of information with state licensing and certification agencies or law enforcement entities when the information is necessary for the performance of their respective duties.


citation: WIC § 9540

text: It is the intent of the Legislature to ensure that older adults and adults with functional impairments receive needed services that will enable them to maintain the maximum independence permitted by their functional ability and remain in their own home or communities for as long as possible. Except where otherwise provided, community-based services programs under the Community-Based Services Network shall meet all of the minimum requirements specified in this chapter.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 25. (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 § 9541

text:
(a) The Legislature finds and declares all of the following:

(1) The purpose of the Health Insurance Counseling and Advocacy Program is to provide Medicare beneficiaries and those imminent of becoming eligible for Medicare with counseling and advocacy as to Medicare, private health insurance, and related health care coverage plans, on a statewide basis, and preserving service integrity.

(2) Lack of health insurance literacy skills can lead to misinformation or mismatched insurance needs.

(3) As health care options become increasingly complex, the Health Insurance Counseling and Advocacy Program plays a vital role in clarifying all aspects of the Medicare Program to the beneficiary served.

(b) The department shall be responsible for, but not limited to, doing both of the following:

(1) To act as a clearinghouse for information and materials relating to Medicare, managed care, health and long-term care related life and disability insurance, and related health care coverage plans.

(2) To develop additional information and materials relating to Medicare, managed care, and health and long-term care related life and disability insurance, and related health care coverage plans, as necessary.

(c) Notwithstanding the terms and conditions of the contracts, direct services contractors shall be responsible for, but not limited to, all of the following:

(1) Advising, educating, and empowering Medicare beneficiaries to make informed choices among the array of options to best fit their needs.

(2) Community education to the public on Medicare, long-term care planning, private health and long-term care insurance, managed care, and related health care coverage plans.

(3) Counseling and informal advocacy with respect to Medicare, long-term care planning, private health and long-term care insurance, managed care, and related health care coverage plans.

(4) Referral services for legal representation or legal representation with respect to Medicare appeals, Medicare related managed care appeals, and life and disability insurance problems. Legal services provided under this program shall be subject to the understanding that the legal representation and legal advocacy shall not include the filing of lawsuits against private insurers or managed health care plans. In the event that legal services are contracted for by the agency separately from counseling and education services, a formal system of coordination and referral from counseling services to legal services shall be established and maintained.

(5) Educational services supporting long-term care educational activities aimed at the general public, employers, employee groups, older adult organizations, and other groups expressing interest in long-term care planning issues.

(6) Educational services emphasizing the importance of long-term care planning, promotion of self-reliance and independence, and options for long-term care.

(7) To the extent possible, support additional emphasis on community educational activities that would provide for announcements on television and in other media describing the limited nature of Medicare, the need for long-term care planning, the function of long-term care insurance, and the availability of counseling and educational literature on those subjects.

(8) Recruitment, training, coordination, and registration, with the department, of health insurance counselors, including a large contingent of volunteer counselors designed to expand services as broadly as possible.

(9) A systematic means of capturing and reporting all required community-based services program data, as specified by the department.

(d) Participants who volunteer their time for the health insurance counseling and advocacy program may be reimbursed for expenses incurred, as specified by the department.

(e) The department, the Department of Managed Health Care, and the Department of Insurance shall jointly develop interagency procedures for referring and investigating suspected instances of misrepresentation in advertising or sales of services provided by Medicare, managed health care plans, and life and disability insurers and agents.

(f) (1) A health insurance counselor shall not provide counseling services under this chapter, unless the health insurance counselor is registered with the department.

(2) A registered volunteer health insurance counselor shall not be liable for a negligent act or omission in providing counseling services under this chapter. Immunity shall not apply to health insurance counselors for any grossly negligent act or omission or intentional misconduct.

(3) A registered volunteer health insurance counselor shall not be liable to any insurance agent, broker, employee thereof, or similarly situated person, for defamation, trade libel, slander, or similar actions based on statements made by the counselor when providing counseling, unless a statement was made with actual malice.

(4) Before providing any counseling services, a health insurance counselor shall disclose, in writing, to a recipient of counseling services pursuant to this chapter that the counselor is acting in good faith to provide information about health insurance policies and benefits on a volunteer basis, but that the information shall not be construed to be legal advice, and that the counselor is generally not liable unless their acts and omissions are grossly negligent or there is intentional misconduct on the part of the counselor.

(5) The department shall not register any applicant under this section unless the applicant has satisfactorily completed training that is approved by the department, and that consists of at least 24 hours of training that shall include, but is not limited to, all of the following subjects:

(A) Medicare.

(B) Life and disability insurance.

(C) Managed care.

(D) Retirement benefits and principles of long-term care planning.

(E) Counseling skills.

(F) Any other subject determined by the department to be necessary to the provision of counseling services under this chapter.

(6) The department shall not register any applicant under this section unless the applicant has completed all training requirements and has served an internship of cocounseling of at least 10 hours with an experienced counselor and is determined by the local program manager to be capable of discharging the responsibilities of a counselor. An applicant shall sign a conflict of interest and confidentiality agreement, as specified by the department.

(7) A counselor shall not continue to provide health insurance counseling services unless the counselor has received continuing education and training, in a manner prescribed by the department, on Medicare, managed care, life and disability insurance, and other subjects during each calendar year.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 26. (SB 1249) Effective January 1, 2025.)


text:
(a) The California Department of Aging shall assess annually a fee of not less than one dollar and forty cents ($1.40), but not more than one dollar and sixty-five cents ($1.65), on a health care service plan for each person enrolled in a health care service plan as of December 31 of the previous year under a prepaid Medicare program that serves Medicare eligible beneficiaries within the state, and on a health care service plan for each enrollee under a Medicare supplement contract, including a Medicare Select contract, as of December 31 of the previous year, to offset the cost of counseling Medicare eligible beneficiaries on the benefits and programs available through health maintenance organizations instead of the traditional Medicare provider system.

(b) All fees collected pursuant to this section shall be deposited into the State HICAP Fund for the implementation of the Health Insurance Counseling and Advocacy Program, and shall be available for expenditure for activities as specified in Section 9541 when appropriated by the Legislature.

(c) The department may use up to 7 percent of the fee collected pursuant to subdivision (a) for the administration, assessment, and collection of that fee.

(d) It is the intent of the Legislature, in enacting this act and funding the Health Insurance Counseling and Advocacy Program, to maintain a ratio of two dollars ($2) collected from the Insurance Fund to every one dollar ($1) collected pursuant to subdivision (a). This ratio shall be reviewed by the Department of Finance within 30 days of January 1, 1999, and biennially thereafter to examine changes in the demographics of Medicare imminent populations, including, but not limited to, the number of citizens residing in California 55 years of age and older, the number and average duration of counseling sessions performed by counselors of the Health Insurance Counseling and Advocacy Program, particularly the number of counseling sessions regarding prepaid Medicare programs and counseling sessions regarding Medi-Gap programs, and the use of other long-term care and health-related products. Upon review, the Department of Finance shall make recommendations to the Joint Legislative Budget Committee regarding appropriate changes to the ratio of funding from the Insurance Fund and the fees collected pursuant to subdivision (a).

(e) It is the intent of the Legislature that the revenue raised from the fee assessed pursuant to subdivision (a), and according to the ratio established pursuant to subdivision (d), be used to partially offset and reduce the amount of revenue appropriated annually from the Insurance Fund for funding of the Health Insurance Counseling and Advocacy Program.

(f) There shall be established in the State Treasury a “State HICAP Fund” administered by the California Department of Aging for the purpose of collecting fee assessments described in subdivision (a), and for the sole purpose of funding the Health Insurance Counseling and Advocacy Program.

(g) It is the intent of the Legislature that, starting in the 2005–06 fiscal year, two million dollars ($2,000,000) of additional funding shall be made available to local HICAP programs, to be derived from an increase in the HICAP fee and the corresponding Insurance Fund pursuant to subdivision (d). Any additional funding shall only be used for local HICAP funding and shall not be used for department or local area agencies on aging administration.

history: (History: Added by renumbering Section 9757.5 by Stats. 2015, Ch. 303, Sec. 587. (AB 731) Effective January 1, 2016.)


citation: WIC § 9542

text:
(a) The Legislature finds and declares that the purpose of the Alzheimer’s Day Care-Resource Center Program is to provide access to specialized day care resource centers for individuals with Alzheimer’s disease and other dementia-related disorders and support to their families and caregivers.

(b) The following definitions shall govern the construction of this section:

(1) “Participant” means an individual with Alzheimer’s disease or a disease of a related type, particularly the participant in the moderate to severe stages, whose care needs and behavioral problems may make it difficult for the individual to participate in existing care programs.

(2) “Other dementia-related disorders” means those irreversible brain disorders that result in the symptoms described in paragraph (3). This shall include, but is not limited to, multi-infarct dementia and Parkinson’s disease.

(3) “Care needs” or “behavioral problems” means the manifestations of symptoms that may include, but need not be limited to, memory loss, aphasia (communication disorder), becoming lost or disoriented, confusion and agitation, with the potential for combativeness, and incontinence.

(4) “Alzheimer’s day care resource center” means a center developed pursuant to this section to provide a program of specialized day care for participants with dementia.

(c) The department shall adopt policies and guidelines to carry out the purposes of this section, and the adoption thereof shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d) In order to be eligible to receive funds under this section, a direct services contract applicant shall do all of the following:

(1) Provide a program and services to meet the special care needs of, and address the behavioral problems of, participants.

(2) Provide adequate and appropriate staffing to meet the nursing, psychosocial, and recreational needs of participants.

(3) Provide physical facilities that include the safeguards necessary to protect the participants’ safety.

(4) Provide a program for assisting individuals who cannot afford the entire cost of the program. This may include, but need not be limited to, utilizing additional funding sources to provide supplemental aid and allowing family members to participate as volunteers at the applicant’s facility.

(5) Utilize volunteers and volunteer aides and provide adequate training for those volunteers.

(6) Provide a match of not less than 25 percent of the direct services contract amount consisting of cash or in-kind contributions, identify other potential sources of funding for the applicant’s facility, and outline plans to seek additional funding to remain solvent.

(7) Maintain family and caregiver support groups.

(8) Encourage family members and caregivers to provide transportation to and from the applicant’s facility for participants.

(9) Concentrate on participants in the moderate to severe ranges of disability.

(10) Provide or arrange for a noon meal to participants.

(11) Serve as model centers available to other service providers for onsite training in the care of these patients.

(12) Maintain a systematic means of capturing and reporting all required community-based services program data.

(e) To the extent possible within their resources, direct services contract applicants are encouraged to:

(1) Establish contact with local educational programs, such as nursing and gerontology programs, to provide onsite training to students.

(2) Provide services to assist family members, including counseling and referrals to other resources.

(3) Involve the center in community outreach activities and provide educational and informational materials to the community.

(f) A direct services contractor shall be licensed as an adult day program, as defined in paragraph (2) of subdivision (a) of Section 1502 of the Health and Safety Code, or as an adult day health care center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and shall be subject to the requirements of this division, including this chapter, for purposes of operating an Alzheimer’s day care resource center. If the direct services contractor surrenders its adult day program or adult day health care center license, or if the license has been terminated as a result of noncompliance with applicable licensure or certification standards, these actions shall also serve to terminate the direct services contractor’s Alzheimer’s day care resource center contract.

(g) An Alzheimer’s day care resource center that was not licensed as an adult day program or adult day health care center prior to January 1, 2005, shall be required to be so licensed by January 1, 2008. A direct services program that qualifies to operate as an Alzheimer’s day care resource center after January 1, 2005, shall be required to be licensed as an adult day program or adult day health care center.

(h) Nothing in this chapter shall be construed to prevent existing adult day care services, including adult day health care centers, from developing a specialized program under this chapter. The applicants shall meet all of the requirements for direct services contractors in this chapter and satisfactorily demonstrate that the direct services contract funding award shall be used to develop a distinct specialized program for this target population.

history: (History: Amended by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 9. Effective July 28, 2009.)


citation: WIC § 9543

text:
(a) The Legislature finds and declares that the purpose of the Brown Bag Program is to provide opportunities for sponsors and volunteers to glean through excess food stuffs that are donated, and distribute bags of food to help meet the nutritional needs of low-income older individuals.

(b) For purposes of this section “low-income older individual” means a person 60 years of age or older, with an income no higher than that of the annual basic benefit level provided under the State Supplementary Program for a person who is blind, pursuant to subdivision (a) of Section 12200.

(c) If services are being provided in compliance with subdivision (b) and it is then determined that a surplus of foodstuffs exists, the program may also provide these services to persons 60 years of age or older with an income that does not exceed 125 percent of the maximum income level for a low-income older individual, as specified in subdivision (b). The provision of services under this subdivision shall be contingent upon the availability of surplus food products, as determined by the local delivery site, and services shall be rendered within the limits of available funds. Services shall be provided to otherwise eligible low-income older individuals with incomes over the annual basic benefit level specified in subdivision (b) only after the local agency operating the program determines that the needs of low-income older individuals who meet all the requirements of subdivision (b) have been met.

(d) In order to be eligible to receive funds under this chapter, a direct services contract applicant shall meet, but need not be limited to, all of the following conditions:

(1) Provide a cash match of 25 percent and an in-kind match of 25 percent prior to receiving funds under Chapter 7 (commencing with Section 9530) and this chapter.

(2) Use matching sources that are derived from, but are not limited to, city, county, and federal funds, contributions, and private or business donations. Priority shall be given to those local programs with a larger local match. State money shall be used as a catalyst for charitable contributions, including in-kind and local community support.

(3) Operate under a board of directors, with at least one low-income older individual as a representative, and other interested persons from the community.

(4) Provide adequate space to store food with necessary access to refrigerator and freezer storage.

(5) Utilize volunteers to distribute produce and unsold foodstuffs to low-income older individuals.

(6) Maintain a systematic means of capturing and reporting all required community-based services program data.

(e) Food distributed to older adults shall comply with county health regulations. Except for any injury resulting from gross negligence or willful act, no county or county agency established pursuant to this chapter and no person who donates any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of the product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 27. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9544

text:
(a) The Legislature finds and declares that the purpose of the Foster Grandparent Program shall be to provide personally meaningful volunteer community service opportunities to low-income older individuals through mentoring children with physical, developmental, or behavioral needs, in accordance with the federal National and Community Service Trust Act of 1993 (42 U.S.C. Sec. 12651 et seq.).

(b) For purposes of this section, “foster grandparent volunteer” means an individual who is 60 years of age or older, has an insufficient income, as determined in accordance with Part 1208 of Title 45 of the Code of Federal Regulations, and provides at least four hours a day, five days a week of foster grandparent services under this chapter.

(c) Direct service contractors shall meet all of the following requirements:

(1) Be a city, county, city and county, or department of the state, or any suitable private, nonprofit organization, that demonstrates the ability to provide the specified services in a variety of settings, including, but not limited to, hospital pediatric wards, facilities for the physically, emotionally, or mentally impaired, correctional facilities, schools, daycare centers, and residences.

(2) Recruit, select, train, and assign staff and volunteers.

(3) Provide volunteer participants with the same benefits, transportation, stipends, and income exemptions as provided to the foster grandparent volunteers funded through the Corporation for National Service.

(4) Provide or arrange for meals, transportation, and supervision for volunteers.

(5) Provide benefits and meaningful volunteer service opportunities to low-income individuals 60 years of age and older.

(6) Serve children under 21 years of age who have special needs or who could benefit from relationships with adults.

(7) Provide services to persons, including, but not limited to, any of the following:

(A) Infants that are premature and have failed to thrive, children who have been abused and neglected, or chronically ill children in hospitals.

(B) Children who have autism, children with cerebral palsy or with intellectual or developmental disabilities, and children who have been placed in institutions.

(C) Children with physical disabilities, children with intellectual or developmental disabilities, children with emotional challenges, or children who are socially and culturally isolated in school settings or childcare centers, children who have been neglected, and children who have been abused in residential settings.

(D) Children who are delinquent and have been placed in correctional institutions.

(E) Children under 19 years of age who have been charged with committing, or adjudged to have committed, an offense that is the equivalent to a misdemeanor.

(8) Maintaining a systematic means of capturing and reporting all required community-based services program data.

(d) In addition to the opportunity to help children who have physical, developmental, or behavioral needs and would benefit from relationships with adults, foster grandparent volunteers shall receive all of the following:

(1) Expenses for transportation to and from their homes and the place where they render their services or may have transportation in buses or in other transportation made available to them.

(2) One free meal during each day in which the foster grandparent renders services.

(3) Accident insurance, an annual physical examination, and a nontaxable hourly stipend.

(e) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 28. (SB 1249) Effective January 1, 2025.)


citation: WIC § 9545

text:
(a) The Legislature finds and declares that the purpose of the Linkages Program shall be to provide care and case management services to at-risk older individuals and adults with functional impairments with priority for enrollment given to low-income individuals, to help prevent or delay placement in nursing facilities. For purposes of this section, “care or case management” means all of the following:

(1) As appropriate, ongoing care or case management to at-risk older adults and adults with functional impairments to help prevent or delay placement in nursing facilities.

(2) Client assessment, in conjunction with the development of a service plan with the participant and other appropriate persons, to provide for needs identified by the assessment.

(3) Authorization and arrangement for the purchase of services, or referral, with followup, to volunteer, informal, or third-party payer services. Contractors shall maximize to the fullest extent possible the use of existing services resources before using program funds to purchase services for clients. Any benefits received as a result of these purchases either shall not be considered income for purposes of programs provided for under Division 9 (commencing with Section 10000) or shall not be considered an alternative resource pursuant to Section 12301.

(4) Service and participant monitoring to determine that the services obtained are appropriate to need, of acceptable quality, and provided in a timely manner.

(5) Followup with clients, including periodic contact and initiation of an interim assessment, if deemed necessary, prior to scheduled reassessment.

(6) Assistance to older individuals entering or returning home from nursing facilities and who need help to make the transition.

(7) Comprehensive and timely information, when necessary, to individuals and their families about the availability of community resources, to assist at-risk older adults and adults with functional impairments to maintain the maximum independence permitted by their functional ability.

(8) Short-term specialized assistance, including timely one-time-only assistance in securing community resources, counseling, and the arrangement of an action plan, when there is a temporary probable threat to the ability of the at-risk older adult or adult with functional impairments to remain in the most independent living arrangement permitted by their functional ability.

(b) Contractors of the Linkages Program shall have experience in community long-term care services and capability to serve the at-risk older adults and adults with functional impairments, and where applicable, ensure separateness of the programs and demonstrate protective measures to avoid conflict of interest.

(c) Contractors of the Linkages Program shall have a systematic means of capturing and reporting all required community-based services program data.

(d) (1) Each county shall deposit funds collected pursuant to Section 1465.5 of the Penal Code in its general fund, to be available for use only for the support of services provided under this chapter in that county, including county administrative costs not exceeding 10 percent of the funds collected, except as otherwise provided in this subdivision. A county may join with other counties to establish and fund a program of services under this chapter.

(2) Funds utilized pursuant to this section shall not supplant, be offset against, or in any way reduce funds otherwise appropriated for the support of services provided under this chapter.

(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before September 1, 2009, the department shall issue a revised program manual, program memorandum, or similar instructions to contractors regarding the prioritization of low-income individuals.

(2) Contractors shall give priority for enrollment to low-income individuals.

history: (History: Amended by Stats. 2024, Ch. 337, Sec. 29. (SB 1249) Effective January 1, 2025.)