AB 753, as introduced, Lowenthal. Cognitively impaired adults: caregiver resource centers.
Under existing law, the Director of Health Care Services and the Statewide Resources Consultant administer a program to provide various services to brain-impaired adults and their families and caregivers. Existing law requires the director to contract with a nonprofit community agency meeting prescribed criteria to act as the Statewide Resources Consultant, and prescribes the duties of the consultant. Existing law also requires the director to contract with nonprofit community resource agencies to establish regionally based resource centers to ensure the existence of an array of appropriate programs and services for brain-impaired adults.
This bill would repeal and recast those provisions. This bill would require the director to, among other things, maintain or enter into contracts directly with 11 caregiver resource centers (CRCs) to provide direct services to caregivers of cognitively impaired adults, as defined, throughout the state. These services would include, but not be limited to, specialized information, family consultation, respite care, short-term counseling, and support groups. The bill would require the CRCs to submit progress reports on their activities, as specified. The bill would authorize the director to enter into exclusive or nonexclusive contracts on a bid or negotiated basis and amend existing contracts to provide or arrange for services provided under this chapter.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 7 (commencing with Section 4362) of
2Part 3 of Division 4 of the Welfare and Institutions Code is
3repealed.
Chapter 7 (commencing with Section 4362) is added
5to Part 3 of Division 4 of the Welfare and Institutions Code, to
6read:
7
The Legislature finds all of the following:
12(a) Most people with cognitive impairment who need long-term
13care live at home or in community settings, not in institutions.
14(b) Family members caring for a loved one with cognitive
15impairment face significant challenges to maintaining physical
16and mental health as a result of the burdens of caregiving.
17(c) The California caregiver resource centers (CRCs) effectively
18advocate for family caregivers.
19(d) The CRCs use evidence-based practices to improve health
20outcomes for caregivers and the people to whom they provide care.
21(e) The services provided by CRCs help families avoid or delay
22nursing home placement, resulting in significant savings in health
23care costs to government, individuals, and communities.
24(f) The CRC system strengthens the California economy by
25helping working families who care for a loved one.
26(g) The state shall support family caregivers taking care of
27adults, persons 18 years of age or older, living with cognitive
28impairment by funding and implementing the California caregiver
29resource centers.
As used in this chapter:
2(a) “Caregiver” means any unpaid family member or individual
3who assumes responsibility for the care of a cognitively impaired
4adult.
5(b) “Cognitive impairment” means significant destruction of
6brain tissue with resultant loss of brain function. Examples of
7causes of the impairments are Alzheimer’s disease, stroke, and
8traumatic brain injury.
9(c) “Cognitively impaired adult” means a person whose
10cognitive impairment has occurred after 18 years of age.
11(d) “CRC” means a caregiver resource center.
12(e) “Director” means the Director of Health Care Services.
13(f) “Family member” means any relative or court-appointed
14guardian or conservator who is responsible for the care of a
15cognitively impaired adult.
The director shall administer this chapter and establish
17standards and procedures, as the director deems necessary in
18carrying out the provisions of this chapter. The standards and
19procedures are not required to be adopted as regulations pursuant
20to the Administrative Procedure Act (Chapter 3.5 (commencing
21with Section 11340) of Part 1 of Division 3 of Title 2 of the
22Government Code).
The director shall do all of the following:
24(a) Maintain or enter into contracts directly with 11 CRCs to
25provide direct services to caregivers throughout the state in the
26existing geographic service areas.
27(b) Maintain a CRC Operations Manual that defines CRC
28services and procedures and identifies CRC duties and
29responsibilities.
30(c) Seek funding for CRC from federal and private sources.
(a) Agencies designated as caregiver resource centers
32by the director shall include in their governing or advisory boards,
33or both, as required by the director, persons who are representative
34of the ethnic and socioeconomic character of the area served and
35the client groups served in the geographic area.
36(b) Criteria to be used in selecting resource centers shall include,
37but not be limited to, the following:
38(1) Fiscal stability and sound financial management, including
39the capability of successful fundraising.
P4 1(2) Ability to obtain community support for designation as a
2caregiver resource center within the existing
statewide regions
3recommended by the director.
4(3) Demonstrated ability to carry out the functions specified in
5Section 4364.5, particularly in delivering necessary programs and
6services to caregivers taking care of cognitively impaired adults,
7as defined in subdivision (c) of Section 4362.5.
(a) The CRCs shall deliver services to and advocate
9for caregivers of cognitively impaired adults, as established in the
10CRC Operations Manual.
11(b) These services shall include, but not be limited to, all of the
12following:
13(1) Specialized information on chronic and disabling conditions
14and diseases, aging, caregiving issues, and community resources.
15(2) Family consultation. Professional staff shall work with
16families and caregivers to provide support, alleviate stress, examine
17options, and enable them to make decisions related to the care of
18cognitively impaired adults. Clinical staff shall provide an
19assessment of
caregiver needs, short- and long-term care planning,
20and ongoing consultation.
21(3) Respite care. The CRCs shall arrange respite services to
22relieve caregivers of the stress of constant care.
23(4) Short-term counseling. The CRCs shall provide up to six
24one-hour individual counseling sessions to caregivers seeking
25emotional support, skill development, and strategies to better cope
26with their caregiving situation.
27(5) Support groups. The CRCs shall offer support groups that
28enable caregivers to share experiences and ideas to ease the stress
29of their caregiving role.
30(6) Legal and financial consultation, including professional legal
31assistance, that can help caregivers with a variety of issues,
32including estate planning, trusts, wills, conservatorships, and
33
durable powers of attorney.
34(7) Education and training. The CRCs shall organize and conduct
35education for groups of caregivers and community professionals
36on a variety of topics related to caregiving.
37(c) The amount of each of the services specified in subdivision
38(b) that are provided shall be determined by local needs and
39available resources.
P5 1(d) Persons receiving services pursuant to this chapter may be
2required to contribute to the cost of services depending upon their
3ability to pay, but not to exceed the actual cost thereof.
Each CRC shall submit progress reports on its activities
5as required by the director. These reports shall include, but not be
6limited to, a summary and evaluation of the activities of the CRC.
7Client, caregiver, service, and cost data shall be provided for each
8operating CRC.
The director may enter into exclusive or nonexclusive
10contracts on a bid or negotiated basis and may amend existing
11contracts to provide or arrange for services provided under this
12chapter. Contracts entered into or amended pursuant to this section
13shall be exempt from the provisions of Chapter 2 (commencing
14with Section 10290) of Part 2 of Division 2 of the Public Contract
15Code and Chapter 6 (commencing with Section 14825) of Part 5.5
16of Division 3 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
18immediate preservation of the public peace, health, or safety within
19the meaning of Article IV of the Constitution and shall go into
20immediate effect. The facts constituting the necessity are:
21To ensure the continuation of vital services through the transition
22of the program from the former State Department of Mental Health
23to the State Department of Health Care Services, it is necessary
24that this act take effect immediately.
O
99