BILL NUMBER: SB 953 CHAPTERED 09/15/02 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.