BILL NUMBER: SB 953 CHAPTERED
BILL TEXT
CHAPTER 541
FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2002
APPROVED BY GOVERNOR SEPTEMBER 13, 2002
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
AMENDED IN ASSEMBLY AUGUST 27, 2002
AMENDED IN ASSEMBLY JULY 9, 2002
AMENDED IN ASSEMBLY JUNE 30, 2002
AMENDED IN ASSEMBLY JUNE 24, 2002
AMENDED IN ASSEMBLY SEPTEMBER 14, 2001
AMENDED IN SENATE JUNE 7, 2001
AMENDED IN SENATE MAY 2, 2001
AMENDED IN SENATE APRIL 17, 2001
INTRODUCED BY Senator Vasconcellos
(Principal coauthor: Assembly Member Cohn)
(Coauthor: Senator Kuehl)
(Coauthor: Assembly Members Alquist, Diaz, and Goldberg)
FEBRUARY 23, 2001
An act to add Sections 2915.5, 2915.7, 4980.39, 4980.395, 4996.25,
and 4996.26 to, and to add Article 14 (commencing with Section 860)
to Chapter 1 of Division 2 of, the Business and Professions Code, to
add Article 6 (commencing with Section 51280) to Chapter 2 of Part 28
of Division 4 of Title 2 of, and to add Article 9 (commencing with
Section 66085) to Chapter 2 of Part 40 of Division 5 of Title 3 of,
the Education Code, to add Article 6 (commencing with Section 9910)
to Chapter 2 of Part 1 of Division 3 of the Unemployment Insurance
Code, to amend Section 9661 of, to add Article 3 (commencing with
Section 9118) to Chapter 2 of Division 8.5 of, to add Chapter 3.5
(commencing with Section 9250) to Division 8.5 of, to add Article 2.5
(commencing with Section 9664) to Chapter 10.5 of Division 8.5 of,
and to add Article 5 (commencing with Section 9687) to Chapter 10.5
of Division 8.5 of, the Welfare and Instructions Code, relating to
aging.
LEGISLATIVE COUNSEL'S DIGEST
SB 953, Vasconcellos. Aging.
Existing law prescribes various programs relating to the health
and welfare of senior citizens.
Existing law provides for the California Health and Human Services
Agency that consists of, among other departments, the California
Department of Aging.
Existing law requires the California Department of Aging, among
other things, to administer the Mello-Granlund Older Californians
Act, which establishes various programs that serve older individuals,
including aging information and education programs.
This bill would also request that the Governor's Office on Service
and Volunteerism, in coordination with various other entities,
pursue resources to develop an Elder Corps master plan to expand
opportunities for engaging California's seniors, and set standards
for the effective training and supervision of volunteers. This bill
would also request that the Governor's Office on Service and
Volunteerism work with a specified entity to ensure that California's
portion of federal funds from the USA Freedom Corps be used to
enhance senior volunteer opportunities.
This bill would provide that the master plan is to be completed
only if and when private funding is received for that purpose.
Existing law establishes, until January 1, 2007, a Long-Term Care
Council within the California Health and Human Services Agency as an
interdepartmental, interagency council to, among other things,
coordinate long-term care policy development and program operations
and develop a strategic plan for long-term care policy.
This bill would require the Long-Term Care Council, pursuant to
specified federal requirements, to assess the current availability of
home- and community-based services, identify gaps in service
availability, and evaluate changes that could be made to enable
consumers to be served in the most integrated setting possible.
This bill would also require the agency, by January 1, 2005, and
with recommendations from the Long-Term Care Council, to set
standards for CalCareNet, which is a statewide Internet-based
application, with the goal of creating an Internet site that links
counties and planning service areas, and provides information on the
long-term care services available to the consumer. This bill would
provide that state funds shall not be appropriated for this purpose,
and that the agency is not required to undertake these tasks unless
it receives federal or private funds.
This bill would also require the agency to link the CalCareNet Web
site to local Internet information systems by January 1, 2004. This
bill would also require the agency to permit counties and planning
service areas to design local information systems, contingent on the
availability of funding and resources.
This bill would also require the agency, based on recommendations
from the Long-Term Care Council, to recommend to the Legislature, by
January 1, 2004, standards for care navigation, as defined, including
suggestions for connecting consumers from acute care systems, to and
through the long-term care system. This bill would provide that
state funds shall not be appropriated for this purpose, and that the
agency is not required to undertake this task unless it receives
federal or private funds for that purpose, and that implementation of
a care navigation program shall be subject to the enactment of
legislation requiring its implementation.
Existing law establishes the StayWell Program within the
California Department of Aging, and establishes various functions for
that program relating to seniors and wellness.
This bill would add specified functions relating to aging to the
StayWell Program, but would provide that state funds shall not be
appropriated for the purpose of implementing those functions, and
that the department is not required to undertake implementation of
these functions unless it receives federal or private funds for that
purpose.
This bill would request that the department work with specified
stakeholders and the entertainment industry to change certain
attitudes toward, and perceptions of, aging, in order to make the
workplace more receptive to older workers. This bill would provide
that state funding shall not be appropriated for these purposes of
the bill, and that the department would not be required to undertake
these activities, unless it receives federal or private funds for
that purpose.
Existing law provides for the licensure and regulation of various
healing arts practitioners, including those who provide
counseling-related services, such as psychologists, social workers,
and marriage and family therapists.
This bill would require any applicant for licensure as a
psychologist, social worker, or marriage and family therapist, or for
renewal of a license for any of these professionals, to complete
specified educational requirements regarding aging and long-term
care.
Existing law establishes a system of public schools in California,
administered by the Superintendent of Public Instruction and sets
forth the required course of study for grades 7 to 12, inclusive.
This bill would require the Superintendent of Public Instruction
to make available to teachers a curriculum, as specified, on human
growth, human development, and financial preparedness. This bill
would also require the State Board of Education to integrate with
specified academic areas components on human growth, human
development, and contribution to society, across the life course, and
financial preparedness.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges, the California State University under the
administration of the Trustees of the California State University,
and the University of California under the administration of the
Regents of the University of California.
This bill would request that these systems, in consultation with
specified entities, develop standards and guidelines, as specified,
for the biological, social, and psychological aspects of aging, for
specified professional degree programs, at the associate, bachelor,
and graduate levels, that relate to aging.
Existing law establishes the Employment Development Department to
administer various programs relating to employment.
This bill would request that the Senior Worker Advocate Office of
the Employment Development Department work with specified entities to
conduct outreach to the business community directed at educating
employers regarding matters relating to aging. This bill would
provide that state funds may not be appropriated for these purposes,
and that the department is not required to undertake these tasks
unless the department receives federal or private funds for that
purpose.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
California Integrated Elder Care and Involvement Act of 2002.
(b) The Legislature finds and declares all of the following:
(1) By the year 2020, the number of people in California age 65
years and older is projected to nearly double, to more than 6.5
million people. The greatest growth will be among our oldest
Californians who are 85 years of age and older.
(2) California will soon become a truly "aging" state. In 2030,
one in three Californians will be over the age of 50 years, and one
in six will be over the age of 65 years.
(3) The State of California faces an enormous challenge and
opportunity with respect to the unprecedented aging of our
population.
(4) Our best hope for addressing the challenge and crisis
presented by our becoming an "aging" state must be grounded in a
profound, positive, and pervasive change of our culture and its
vision and attitudes toward aging, as today's elders are yesterday's
children and today's children are tomorrow's elders.
(5) There are two predominant faces of aging, including both of
the following:
(A) Healthy and active seniors who have the time and energy to be
of service to their communities if given the opportunity to
contribute.
(B) Elders in need of assistance because of failing health,
economic pressures, or isolation.
(6) Healthy and active seniors who have the time and energy to be
of service to their communities should be looked upon as a growing
natural resource.
SEC. 2. (a) It is the intent of the Legislature to enact
legislation permitting California to seize opportunities for change.
In order to deal responsibly, both humanly and fiscally, with the
impending "age wave," we must adopt and implement a comprehensive
aging agenda for the new millennium with each of the following
components:
(1) Standards for gerontology and geriatric training for various
professionals and paraprofessionals in the healing arts.
(2) A model curriculum for primary grades in the areas of lifelong
health, aging, and financial preparedness.
(3) Standards and guidelines for a curriculum in gerontology and
geriatrics in higher education.
(4) Elder care benefits for employees.
(5) Efforts toward engaging elders through volunteerism.
(6) A master plan for involvement of our seniors.
(7) A coordinated system of care that includes, but is not limited
to, care navigation and CalCareNet.
(8) A StayWell Program that includes issues of age diversity and
elder involvement.
(9) A campaign to change the cultural attitudes toward, and
perceptions of, older adults.
(b) The enactment of this plan will serve as the blueprint and
template for collaborative efforts among the public, private, and
nonprofit sectors.
(c) In recognition of California's fiscal situation in 2002, it is
essential to smartly and strategically craft, draft, and implement
this act so as to minimize the creation of new mandates and General
Fund costs.
SEC. 3. Article 14 (commencing with Section 860) is added to
Chapter 1 of Division 2 of the Business and Professions Code, to
read:
Article 14. Gerontology and Geriatric Training for the Healing
Arts
860. (a) The Legislature finds and declares both of the
following:
(1) California's system of care suffers from a severe shortage of
professionals and paraprofessionals in the healing arts to administer
programs and provide services for older adults.
(2) As a result of rapidly changing age demographics in
California, it is essential that we prepare a sufficient number of
competent and qualified professionals and paraprofessionals in the
healing arts to administer programs for, and provide services to,
California's older adults and adults with disabilities.
(b) It is the intent of the Legislature to enact legislation to
require various professionals and paraprofessionals in the healing
arts to complete certain educational requirements in aging and
long-term care as a condition or licensure or renewal of licensure,
or both.
SEC. 4. Section 2915.5 is added to the Business and Professions
Code, to read:
2915.5. (a) Any applicant for licensure as a psychologist who
began graduate study on or after January 1, 2004, shall complete, as
a condition of licensure, a minimum of 10 contact hours of coursework
in aging and long-term care, which could include, but is not limited
to, the biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
(d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
SEC. 5. Section 2915.7 is added to the Business and Professions
Code, to read:
2915.7. (a) Effective January 1, 2005, as a condition of the
first renewal of a person's license pursuant to this chapter, any
person who began graduate study prior to January 1, 2004, shall
complete a three-hour continuing education course in aging and
long-term care, and shall submit to the board evidence acceptable to
the board of the person's satisfactory completion of that course.
(b) The course could include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking the first renewal of his or her license
pursuant to this chapter may submit to the board a certificate
evidencing completion of equivalent courses in aging and long-term
care taken prior to the operative date of this section, or proof of
equivalent teaching or practice experience. The board, in its
discretion, may accept that certification as meeting the requirements
of this section.
(d) The board shall not renew an applicant's license upon the
applicant's application for the first renewal of his or her license
until the applicant has met the requirements of this section.
SEC. 6. Section 4980.39 is added to the Business and Professions
Code, to read:
4980.39. (a) Any applicant for licensure as a marriage and family
therapist who began graduate study on or after January 1, 2004,
shall complete, as a condition of licensure, a minimum of 10 contact
hours of coursework in aging and long-term care, which could include,
but is not limited to, the biological, social, and psychological
aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
(d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
SEC. 7. Section 4980.395 is added to the Business and Professions
Code, to read:
4980.395. (a) Effective January 1, 2005, as a condition of the
first renewal of a person's license pursuant to this chapter, any
person who began graduate study prior to January 1, 2004, shall
complete a three-hour continuing education course in aging and
long-term care and shall submit to the board evidence, acceptable to
the board, of the person's satisfactory completion of the course.
(b) The course could include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking the first renewal of his or her license
pursuant to this chapter may submit to the board a certificate
evidencing completion of equivalent courses in aging and long-term
care taken prior to the operative date of this section, or proof of
equivalent teaching or practice experience. The board, in its
discretion, may accept that certification as meeting the requirements
of this section.
(d) The board shall not renew an applicant's license upon the
applicant's application for the first renewal of his or her license
until the applicant has met the requirements of this section.
SEC. 8. Section 4996.25 is added to the Business and Professions
Code, to read:
4996.25. (a) Any applicant for licensure as a licensed clinical
social worker who began graduate study on or after January 1, 2004,
shall complete, as a condition of licensure, a minimum of 10 contact
hours of coursework in aging and long-term care, which could include,
but is not limited to, the biological, social, and psychological
aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
(d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
SEC. 9. Section 4996.26 is added to the Business and Professions
Code, to read:
4996.26. (a) Effective January 1, 2005, as a condition of the
first renewal of a person's license pursuant to this chapter, any
person who began graduate study prior to January 1, 2004, shall
complete a three-hour continuing education course in aging and
long-term care, and shall submit to the board evidence acceptable to
the board of the person's satisfactory completion of the course.
(b) The course could include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking the first renewal of his or her license
pursuant to this chapter may submit to the board a certificate
evidencing completion of equivalent courses in aging and long-term
care taken prior to the operative date of this section, or proof of
equivalent teaching or practice experience. The board, in its
discretion, may accept that certification as meeting the requirements
of this section.
(d) The board shall not renew an applicant's license upon the
applicant's application for the first renewal of his or her license
until the applicant has met the requirements of this section.
SEC. 10. Article 6 (commencing with Section 51280) is added to
Chapter 2 of Part 28 of Division 4 of Title 2 of the Education Code,
to read:
Article 6. Primary Education Model Curriculum for Lifelong
Health, Aging, and Financial Preparedness
51280. (a) The Legislature finds and declares all of the
following:
(1) There are profound personal and financial implications for
Californians associated with the average life expectancy steadily
increasing toward 100 years of age.
(2) The savings rate among "boomers" continues to drop, while
their cumulative debt continues to rise.
(3) A majority of workers choose to "cash out" of their employment
savings plans when changing jobs, rather than transferring the
accounts upon job changes and maintaining their savings in these
accounts.
(4) It is estimated that 40 to 50 percent of "boomers" will likely
find themselves living their later years in financial hardship.
(5) Californians should be financially prepared for, and aware of,
the lifelong health issues associated with later life.
(b) It is the intent of the Legislature to enact legislation that
will result in the education of all Californians regarding our
prospect of becoming an "aging" state, including education as to all
of the following:
(1) The changes we can expect in the later years of our lives.
(2) The changes we can expect of a society that is growing older.
(3) How we can be better prepared to sustain ourselves and our
society in the coming years.
(4) The financial realities of living for a century.
(5) The importance of saving and financial planning.
(6) The financial benefits of healthful living and disease
prevention.
(7) A new vision of aging, thereby dispelling ageist myths.
(8) An understanding of chronic disease and illness, with an
emphasis on disease prevention and health in later life.
51282. (a) It is the intent of the Legislature to enact
legislation to establish educational requirements in order to instill
in California's youth a sense of importance about lifelong financial
planning and preparation, including, among other things, the costs
of health care, in a much-extended later life.
(b) Educational institutions have developed a model curriculum in
lifelong healthy aging and financial preparedness, with materials,
free of charge, for the Superintendent of Public Instruction to
disseminate to school teachers at the local level.
(c) The Superintendent of Public Instruction shall make this
existing curriculum available to teachers, using materials that are
currently available at no cost, with information and links provided
through the Internet, in order to provide to students in grades 7 to
12, inclusive, instruction on human growth, human development, and
financial preparedness.
51284. After January 1, 2003, and concurrently with, but not
prior to, the next revision of text books or curriculum frameworks in
the social sciences, health, and mathematics curricula, the State
Board of Education shall ensure that these academic areas integrate
components of human growth, human development, and human contribution
to society, across the life course, and also financial preparedness.
SEC. 11. Article 9 (commencing with Section 66085) is added to
Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code,
to read:
Article 9. Standards and Guidelines for a Curriculum in
Gerontology and Geriatrics in Higher Education
66085. The Legislature requests that the Trustees of the
California State University, the Regents of the University of
California, and the Board of Governors of the California Community
Colleges, in consultation with the California Council on Gerontology
and Geriatrics and other qualified groups or individuals, develop
standards and guidelines, based on standards developed by the
Association for Gerontology in Higher Education, for the biological,
social, and psychological aspects of aging for professional degree
programs at the associate, bachelor, and graduate levels, including
those programs in gerontology, nursing, social work, psychology,
marriage and family therapy, and the rehabilitation therapies.
Nothing in this article shall be construed to require any additional
coursework requirements for professional degree programs.
SEC. 12. Article 6 (commencing with Section 9910) is added to
Chapter 2 of Part 1 of Division 3 of the Unemployment Insurance Code,
to read:
Article 6. Employer Elder Care Benefits
9910. (a) The Legislature finds and declares all of the
following:
(1) The percentage of California employers offering pension and
retirement plans to employees is substantially lower than the
national average.
(2) Many employers lack an understanding of the implications of
our coming "age wave," and how to best assist employees in preparing
for the long-term care needs of themselves and their families.
(b) It is the intent of the Legislature, in future years, to
develop and to enact legislation to institute elder care and
caregiving programs as an employee benefit, holding employers to the
same standard in providing benefits and leave time for employees
caring for elders as those provided employees caring for children.
9912. (a) The Legislature requests that the Senior Worker
Advocate Office of the Employment Development Department work with
the California Commission on Aging and other interested organizations
including, but not limited to, AARP, in order to conduct outreach to
the business community. The Legislature encourages other state
entities, including, but not limited to, the California Department of
Aging, to join in this effort.
(b) The Legislature requests that this outreach effort be directed
at educating employers about the implications of the impending "age
wave," and at providing employers with information on matters
relevant to the aging population and on related employment
implications.
(c) State funds may not be appropriated for purposes of this
article. The Employment Development Department is not required to
undertake any new task pursuant to this article unless the department
receives federal or private funds for the purposes of this article.
SEC. 13. Article 3 (commencing with Section 9118) is added to
Chapter 2 of Division 8.5 of the Welfare and Institutions Code, to
read:
Article 3. Engaging Elders Through Volunteerism
9118. The Legislature finds and declares the following:
(a) The talents of our elders will prove to be vital to the
prosperity and well-being of California.
(b) California's seniors possess an abundance of experience,
perspective, wisdom, time, and goodwill that Californians fail to
cherish, and to use, for our common good.
(c) Currently, persons age 55 years and older have the lowest rate
of volunteerism among adults.
(d) California's seniors represent enormous civic potential, and
they are underutilized.
(e) California's seniors should be provided opportunities for
civic involvement.
9118.5. (a) The Legislature requests that the Governor's Office
on Service and Volunteerism, in formulating its Unified State Plan
for Service, and in coordination with the Corporation for National
and Community Service and other involved entities including, but not
limited to, the California Department of Aging and the State
Department of Social Services, pursue resources to develop an Elder
Corps master plan to expand opportunities for engaging California's
seniors, and to set standards for the effective training and
supervision of volunteers.
(b) The master plan described in subdivision (a) should also
include recommendations for exploring the feasibility of
incorporating the Retired and Senior Volunteer Program as a state
program authorized under the Mello-Granlund Older Californians Act
pursuant to Division 5 (commencing with Section 9000).
(c) The master plan described in subdivision (a) shall be
completed only if and when private funding is received for that
purpose.
(d) The Legislature requests that the Governor's Office on Service
and Volunteerism work with the Corporation for National and
Community Service to ensure that California's portion of the federal
funds expected to be received through President Bush's USA Freedom
Corps are used, in part, to enhance senior volunteer opportunities
and intergenerational involvement, building off current programs and
structures and utilizing the best practices of volunteer management.
SEC. 14. Chapter 3.5 (commencing with Section 9250) is added to
Division 8.5 of the Welfare and Institutions Code, to read:
CHAPTER 3.5. COORDINATED SYSTEM OF CARE
9250. (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.
9251. 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.
9252. 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.
9253. By June 1, 2003, pursuant to the California long-term care
plan developed pursuant to Section 96 of Assembly Bill 442 of the
2001-02 Regular Session, the Long-Term Care Council shall assess the
current availability of home- and community-based services, identify
gaps in service availability, and evaluate changes that could be made
to enable consumers to be served in the most integrated setting
possible.
9254. (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.
9255. (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.
9256. The implementation of a care navigation program, as
described in Section 9255, shall be subject to the enactment of
legislation requiring implementation.
SEC. 15. Section 9661 of the Welfare and Institutions Code is
amended to read:
9661. (a) The StayWell Program shall have all of the following
functions:
(1) Focus on educating California's seniors, as well as
caregivers, families, and health care professions, about the
importance of living a healthy lifestyle, including, but not limited
to, nutrition, exercise, injury prevention, and mental well-being.
(2) Provide information on, and help California's culturally and
ethnically diverse seniors and adults with, functional impairments.
(3) Provide educational information on the resources and services
available for seniors from both private and public entities in
communities throughout the state and the area agencies on aging. The
educational material shall accommodate the diverse linguistic needs
of various populations in the state, including, but not limited to,
English, Spanish, Russian, Chinese, and Braille.
(4) Promote education and training for professionals and
caregivers who work directly with seniors in order to maximize
wellness.
(5) Generate a cultural shift to a more positive vision and
expectation with respect to how aging is viewed by all Californians.
(6) Transform perceptions of aging into a more hopeful,
appreciative, and aspiring mode of being.
(7) Create a new culture that cherishes each of us, including the
population of older adults, adults with disabilities, our aging, our
ethnic and racial diversity, our becoming elders, and our maturity.
(8) Advance the recognition of the unique status, experience,
capacity, and role of seniors to become our models for guidance and
inspiration.
(9) Replace the image of seniors who are "self-interested" with an
image of seniors who are actively engaged and involved in their
communities.
(10) Promote and mobilize older adults and adults with
disabilities into emerging roles for the public benefit.
(11) Challenge the prevailing culture, to the extent that it
discounts the value of age.
(12) Rid our culture of the negative attitudes toward adults who
are aging and adults with disabilities.
(b) Notwithstanding Section 9663, state funds shall not be
appropriated for the purpose of implementing paragraphs (5) to (12),
inclusive, of subdivision (a), and the department is not required to
undertake implementation of those paragraphs, unless it receives
federal or private funds for that purpose.
SEC. 16. Article 2.5 (commencing with Section 9664) is added to
Chapter 10.5 of Division 8.5 of the Welfare and Institutions Code, to
read:
Article 2.5. Campaign to Change Cultural Attitudes Toward and
Perceptions of Older Adults
9664. (a) The Legislature finds and declares all of the
following:
(1) Ageism is the systematic stereotyping of, and discrimination
against, persons based on age.
(2) Ageism is manifested, at both the individual and institutional
levels, in a range of ways, from the perpetuation of stereotypes and
myths about aging and aging people, the dislike and outright disdain
of elders, and the simple subtle avoidance of contact with elders,
to discriminatory practices against elders in housing, employment,
and services.
(b) It is the intent of the Legislature to enact legislation to
encourage the development of partnerships addressed at combating
ageism in the workplace.
9665. (a) The Legislature requests that the California Department
of Aging partner with the Industry Coalition on Age Equity in Media,
which is a joint coalition of the California Commission on Aging,
Women in Film, and the Employment Development Department, to work
with the entertainment industry in an effort to change cultural
attitudes and perceptions of aging and older adults, with the goals
of making the workplace more receptive to older workers and
eradicating ageism in society.
(b) It is the intent of the Legislature, in enacting this act, to
generate pervasive, profound, and positive changes in our culture,
vision, and attitudes toward aging.
(c) State funds shall not be appropriated for purposes of
implementing this section. The department is not required to
undertake any new task pursuant to this section unless it receives
federal or private funds for that purpose.