Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 753

Introduced by Assembly Member Lowenthal

February 21, 2013

An act to repeal and add Chapter 7 (commencing with Section 4362) of Part 3 of Division 4 of the Welfare and Institutions Code, relating to mental health, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 753, as amended, 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 begin delete 11 end delete 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:

SECTION 1.  

Chapter 7 (commencing with Section 4362) of
Part 3 of Division 4 of the Welfare and Institutions Code is
repealed.

SEC. 2.  

Chapter 7 (commencing with Section 4362) is added
to Part 3 of Division 4 of the Welfare and Institutions Code, to
read:

 

Chapter  7. Comprehensive Act for Families and
Caregivers of Cognitively Impaired Adults

 

4362.  

The Legislature finds all of the following:

(a) Most people with cognitive impairment who need long-term
care live at home or in community settings, not in institutions.

(b) Family members caring for a loved one with cognitive
impairment face significant challenges to maintaining physical
and mental health as a result of the burdens of caregiving.

(c) The California caregiver resource centers (CRCs) effectively
advocate for family caregivers.

(d) The CRCs use evidence-based practices to improve health
outcomes for caregivers and the people to whom they provide care.

(e) The services provided by CRCs help families avoid or delay
nursing home placement, resulting in significant savings in health
care costs to government, individuals, and communities.

(f) The CRC system strengthens the California economy by
helping working families who care for a loved one.

(g) The state shall support family caregivers taking care of
adults, persons 18 years of age or older, living with cognitive
impairment by funding and implementing the California begin delete caregiver
resource centers end delete begin insert CRCs end insert .

4362.5.  

As used in this chapter:

(a) “Caregiver” means any unpaid family member or individual
who assumes responsibility for the care of a cognitively impaired
adult.

(b) “Cognitive impairment” means significant destruction of
brain tissue with resultant loss of brain function. Examples of
causes of the impairments are Alzheimer’s disease, stroke, and
traumatic brain injury.

(c) “Cognitively impaired adult” means a person whose
cognitive impairment has occurred after 18 years of age.

(d) “CRC” means a caregiver resource center.

(e) “Director” means the Director of Health Care Services.

(f) “Family member” means any relative or court-appointed
guardian or conservator who is responsible for the care of a
cognitively impaired adult.

4363.  

The director shall administer this chapter and establish
standards and procedures, as the director deems necessary in
carrying out the provisions of this chapter. The standards and
procedures are not required to be adopted as regulations pursuant
to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).

4363.5.  

The director shall do all of the following:

(a) Maintain or enter into contracts directly with begin delete 11 end delete CRCs to
provide direct services to caregivers throughout the state in the
existing geographic service areas.

(b) Maintain a CRC Operations Manual that defines CRC
services and procedures and identifies CRC duties and
responsibilities.

(c) Seek funding for begin delete CRC end delete begin insert CRCs end insert from federal and private
sources.

4364.  

(a) Agencies designated as begin delete caregiver resource centers end delete
begin insert CRCs end insert by the director shall include in their governing or advisory
boards, or both, as required by the director, persons who are
representative of the ethnic and socioeconomic character of the
area served and the client groups served in the geographic area.

(b) Criteria to be used in selecting begin delete resource centers end delete begin insert CRCs end insert shall
include, but not be limited to, the following:

(1) Fiscal stability and sound financial management, including
the capability of successful fundraising.

(2) Ability to obtain community support for designation as a
begin delete caregiver resource center end delete begin insert CRC end insert within the existing statewide regions
recommended by the director.

(3) Demonstrated ability to carry out the functions specified in
Section 4364.5, particularly in delivering necessary programs and
services to caregivers taking care of cognitively impaired adults,
as defined in subdivision (c) of Section 4362.5.

4364.5.  

(a) The CRCs shall deliver services to and advocate
for caregivers of cognitively impaired adults, as established in the
CRC Operations Manual.

(b) These services shall include, but not be limited to, all of the
following:

(1) Specialized information on chronic and disabling conditions
and diseases, aging, caregiving issues, and community resources.

(2) Family consultation. Professional staff shall work with
families and caregivers to provide support, alleviate stress, examine
options, and enable them to make decisions related to the care of
cognitively impaired adults. Clinical staff shall provide an
assessment of caregiver needs, short- and long-term care planning,
and ongoing consultation.

(3) Respite care. The CRCs shall arrange respite services to
relieve caregivers of the stress of constant care.

(4) Short-term counseling. The CRCs shall provide up to six
one-hour individual counseling sessions to caregivers seeking
emotional support, skill development, and strategies to better cope
with their caregiving situation.

(5) Support groups. The CRCs shall offer support groups that
enable caregivers to share experiences and ideas to ease the stress
of their caregiving role.

(6) Legal and financial consultation, including professional legal
assistance, that can help caregivers with a variety of issues,
including estate planning, trusts, wills, conservatorships, and
durable powers of attorney.

(7) Education and training. The CRCs shall organize and conduct
education for groups of caregivers and community professionals
on a variety of topics related to caregiving.

(c) The amount of each of the services specified in subdivision
(b) that are provided shall be determined by local needs and
available resources.

(d) Persons receiving services pursuant to this chapter may be
required to contribute to the cost of services depending upon their
ability to pay, but not to exceed the actual cost thereof.

4365.  

Each CRC shall submit progress reports on its activities
as required by the director. These reports shall include, but not be
limited to, a summary and evaluation of the activities of the CRC.
Client, caregiver, service, and cost data shall be provided for each
operating CRC.

4365.5.  

The director may enter into exclusive or nonexclusive
contracts on a bid or negotiated basis and may amend existing
contracts to provide or arrange for services provided under this
chapter. Contracts entered into or amended pursuant to this section
shall be exempt from the provisions of Chapter 2 (commencing
with Section 10290) of Part 2 of Division 2 of the Public Contract
Code and Chapter 6 (commencing with Section 14825) of Part 5.5
of Division 3 of Title 2 of the Government Code.

SEC. 3.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

To ensure the continuation of vital services through the transition
of the program from the former State Department of Mental Health
to the State Department of Health Care Services, it is necessary
that this act take effect immediately.