BILL NUMBER: SB 370 CHAPTERED 10/10/01 CHAPTER 689 FILED WITH SECRETARY OF STATE OCTOBER 10, 2001 APPROVED BY GOVERNOR OCTOBER 10, 2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 AMENDED IN ASSEMBLY SEPTEMBER 6, 2001 AMENDED IN ASSEMBLY JULY 9, 2001 AMENDED IN ASSEMBLY JUNE 27, 2001 AMENDED IN SENATE JUNE 4, 2001 AMENDED IN SENATE APRIL 16, 2001 INTRODUCED BY Senator Ortiz (Principal coauthor: Senator Vasconcellos) (Coauthor: Senator Perata) FEBRUARY 21, 2001 An act to add Chapter 10.5 (commencing with Section 9650) to Division 8.5 of the Welfare and Institutions Code, relating to seniors. LEGISLATIVE COUNSEL'S DIGEST SB 370, Ortiz. Seniors: Wellness and injury prevention programs. Existing law requires the California Department of Aging, among other things, to administer the Mello-Granlund Older Californians Act that establishes various programs that serve older individuals, including aging informational and educational programs. This bill would establish within the department the StayWell Program, for the provision of educational information to seniors, families, caregivers, and other entities on a healthy lifestyle and the resources and services available for seniors, and to promote education and training for professionals and caregivers who work directly with seniors in order to maximize wellness. This bill would establish the Program for Injury Prevention in the Home Environment, under which the department, through the Senior Housing and Information Support Center in the department, would be required to award grants to eligible local level entities for injury prevention information and educational programs and services. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known, and may be cited as, the Senior Wellness Act of 2001. SEC. 2. The Legislature finds and declares all of the following: (a) The well-being of California's five million seniors can be maintained and enhanced by encouraging and promoting healthy lifestyles. (b) Proper nutrition, exercise, injury prevention, mental health, and physical health are important factors of overall wellness and can help seniors live better and remain independent longer. (c) It is the policy of the Legislature to promote and encourage the provision of wellness programs at the state and local levels that educate seniors, caregivers, families, and health care professionals in achieving healthy lifestyles. SEC. 3. The Legislature also finds and declares all of the following: (a) Injury prevention is integral to maintaining wellness and avoiding hospitalization so that seniors and persons with disabilities can remain independent in their homes. (b) The prevalence of falls by older persons is a serious public health concern. One in three persons over the age of 65 years experiences one or more falls each year. (c) The chances that a fall will result in hospitalization or death begins to increase dramatically for persons 80 years of age and older. (d) When various factors related to the aging process, such as balance, vision, hearing, medications, or health conditions, which in and of themselves can lead to falls, are combined with environmental hazards such as loose, slippery, or irregular walking surfaces, poor lighting, and lack of basic physical supports, the likelihood of falls significantly increases. (e) Assessment, consultation, and simple home modifications can prevent many accidents, help people avoid disruptive relocation, and minimize the need for costly personal or institutional care. (f) Current law and public efforts related to injury prevention and home modification are inadequate or nonexistent in most California communities. SEC. 4. Chapter 10.5 (commencing with Section 9650) is added to Division 8.5 of the Welfare and Institutions Code, to read: CHAPTER 10.5. SENIOR WELLNESS PROGRAM Article 1. General 9650. The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise. 9651. "Wellness" means optimizing opportunities for physical, social, and mental well-being throughout the course, in order to extend healthy life expectancy, productivity, and quality of life in older age. 9652. "Senior" means any person 60 years of age or older. 9653. "Person with a disability" means the same as the term is defined by regulations established pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended in 1992 (29 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). 9654. "StayWell Program" means the program established pursuant to Article 2 (commencing with Section 9660). Article 2. StayWell Program 9660. There is in the California Department of Aging a senior wellness program that shall be called the StayWell Program. 9661. The StayWell Program shall have all of the following functions: (a) 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. (b) Provide information on, and help California's culturally and ethnically diverse seniors and adults with, functional impairments. (c) 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. (d) Promote education and training for professionals and caregivers who work directly with seniors in order to maximize wellness. 9662. The department shall deliver, or provide for the delivery of, StayWell Program information through a variety of means, including, but not limited to, the Internet, radio, television, and newspaper advertising, brochures, posters, and newsletters. 9663. This article shall be implemented only to the extent funds are made available for the purposes of this article in the annual Budget Act or another statute. Article 3. Program for Injury Prevention in the Home Environment 9675. This article shall be known and may be cited as the Program for Injury Prevention in the Home Environment. 9676. The Program for Injury Prevention in the Home Environment is hereby established. The department, through the Senior Housing and Information Support Center in the department, shall provide grants to eligible local level entities for injury prevention information and education programs and services pursuant to this article for the purpose of increasing the awareness and prevention of injuries. 9677. The department may provide a program grant to an eligible local public agency or nonprofit organization for the services specified in Section 9678 and for the following services: (a) Provision of information and education regarding injury prevention to seniors and persons with disabilities living in the community. (b) Comprehensive assessment of individual injury prevention needs. (c) Consultation and instruction in the behavioral, physical, and environmental aspects of injury prevention. (d) Mitigation of behavioral and physical factors. 9678. (a) The Program for Injury Prevention in the Home Environment shall include funding for injury prevention needs, including injury prevention equipment and activities as well as material and labor costs, for homeowners and renters meeting income requirements established pursuant to subdivision (d). A local level entity selected to participate in the program shall comply with all of the requirements of this section in implementing the program. (b) Equipment and activities covered under the program shall include all of the following: (1) Grab bars, nonskid surfaces, shower seats, and transfer benches. (2) Indoor and outdoor handrails. (3) Reconfiguration of furniture and other elements of the physical home environment to reduce hazards. (c) The payment for injury prevention equipment and services shall not exceed a seven-hundred-dollar ($700) maximum allowance per household. (d) Eligibility for equipment and services, as described in this section, shall be limited to families, households, and individuals whose incomes do not exceed 80 percent of the county median income, with adjustments for family and household size. 9679. (a) The department, in consultation with groups, including, but not limited to, the State and Local Injury Control section of the State Department of Health Services, and other groups knowledgeable and experienced in senior and disabled injury prevention, such as research-based university gerontology departments with extensive experience and work with the concept of aging in place and the benefits of home modification, a research center on gerontology, as well as local public health agencies, shall develop training and assessment tools necessary for carrying out this article. (b) The department shall establish service standards that ensure that members of the population needing services under this article are identified and that the services provided assist them in living safely in their homes and apartments. The department shall award grants based upon compliance with these standards. The standards shall include, but not be limited to, a service planning process that is target-population based and includes both of the following: (1) A determination of the number of clients to be served and the programs and services that will be provided to meet the injury prevention needs of those clients. (2) Plans for services including outreach, design of injury prevention services, coordination, and access to education and assessment services. 9680. (a) The director shall establish a methodology for awarding grants under this article, in consultation with groups described in subdivision (a) of Section 9679. The director shall consult with these groups to develop criteria for the award of grants and the identification of specific performance measures. (b) The criteria to be considered in the award of grants shall include, but not be limited to, all of the following: (1) The description of a plan for providing outreach, prevention, intervention, and evaluation in a cost appropriate manner. (2) The ability of the local level entities to engage in collaborations with local entities for purposes of program coordination, including, but not limited to, public and private nonprofit agencies that are experienced in injury prevention services, home modification services, home safety services, and services for seniors and persons with disabilities. (3) The ability of local level entities to gather and utilize other resources to supplant funding provided by the department. (4) Demonstrated proficiency in, and awareness of, relevant issues in working with senior and disabled populations, particularly in relation to home modification and injury prevention. (5) The description of the local population to be served, the ability to administer an effective service program, and the degree to which local agencies and advocates will support and collaborate with program efforts. (6) The geographical representation of the applicants. (7) The provision of a local match in funds. (c) The funding provided pursuant to this article shall be sufficient to provide injury prevention education and assessment services and equipment and activities necessary for injury prevention in the home. 9681. (a) Funding of projects pursuant to this article shall be subject to the appropriation of funds by the Legislature in the Budget Act or another statute. (b) Funds appropriation made pursuant to subdivision (a) shall be expended to fund grants to eligible local public agencies or nonprofit organizations in an amount not to exceed one hundred fifty thousand dollars ($150,000) each.