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 withbegin insert
nonprofitend insert 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 intobegin delete exclusive or nonexclusive contracts on a bid or negotiated basis and amend existing contracts to provide or arrange for services provided under this chapterend deletebegin insert any contracts for these purposes on a bid or nonbid basisend insert.
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.
P3 1(g) The state shall support family caregivers taking care of
2adults, persons 18 years of age or older, living with cognitive
3impairment by funding and implementing the California CRCs.
As used in this chapter:
5(a) “Caregiver” means any unpaid family member or individual
6who assumes responsibility for the care of a cognitively impaired
7adult.
8(b) “Cognitive impairment” means significant destruction of
9brain tissue with resultant loss of brain function. Examples of
10causes of the impairments are Alzheimer’s disease, stroke, and
11traumatic brain injury.
12(c) “Cognitively impaired adult” means a person whose
13cognitive impairment has occurred after 18 years of age.
14(d) “CRC” means a caregiver resource center.
15(e) “Director” means the Director of Health Care Services.
16(f) “Family member” means any relative or court-appointed
17guardian or conservator who is responsible for the care of a
18cognitively impaired adult.
19(g) “Respite care” means substitute care or supervision in
20support of the caregiver for the purposes of providing relief from
21the stresses of providing constant care and so as to enable the
22caregiver to pursue a normal routine and responsibilities. Respite
23care may be provided in the home or in an out-of-home setting,
24such as day care centers or short-term placements in inpatient
25facilities.
The director shall administer this chapter and establish
27standards and procedures, as the director deems necessary in
28carrying out the provisions of this chapter. The standards and
29procedures are not required to be adopted as regulations pursuant
30to the Administrative Procedure Act (Chapter 3.5 (commencing
31with Section 11340) of Part 1 of Division 3 of Title 2 of the
32Government Code).
begin insert(a)end insertbegin insert end insert The director shall do all of the following:
34(a)
end delete
35begin insert(1)end insert Maintain or enter into contracts directly withbegin insert nonprofitend insert CRCs
36to provide direct
services to caregivers throughout the state in the
37existing geographic service areas.
38(b)
end delete
P4 1begin insert(2)end insert Maintainbegin insert, or require the CRCs to maintain,end insert a CRC
2Operations Manual that defines CRC services and procedures and
3identifies CRC duties and responsibilities.
4(c) Seek funding for CRCs from federal and private sources.
end delete
5(b) The director may enter into any contracts under this chapter
6on a bid or nonbid basis. These contracts shall be exempt from
7Part 2 (commencing with Section 10100) of Division 2 of the Public
8Contract Code.
(a) Agencies designated as CRCs by the director shall
10include in their governing or advisory boards, or both, as required
11by the director, persons who are representative of the ethnic and
12socioeconomic character of the area served and the client groups
13served in the geographic area.
14(b) Criteria to be used in selecting CRCs shall include, but not
15be limited to, the following:
16(1) Fiscal stability and sound financial management, including
17the capability of successful fundraising.
18(2) Ability to obtain community support for designation as a
19
CRC within the existing statewide regions recommended by the
20director.
21(3) begin deleteDemonstrated ability end deletebegin insertAbility end insertto carry out the functions
22specified in Section 4364.5, particularly in delivering necessary
23programs and services to caregivers taking care of cognitively
24impaired adults, as defined in subdivision (c) of Section 4362.5.
(a) The CRCs shall deliver services to and advocate
26for caregivers of cognitively impaired adults, as established in the
27CRC Operations Manual.
28(b) These services shall include, but not be limited to, all of the
29following:
30(1) Specialized information on chronic and disabling conditions
31and diseases, aging, caregiving issues, and community resources.
32(2) Family consultation. Professional staff shall work with
33families and caregivers to provide support, alleviate stress, examine
34options, and enable them to make decisions related to the care of
35cognitively
impaired adults. Clinical staff shall provide an
36assessment of caregiver needs, short- and long-term care planning,
37and ongoing consultation.
38(3) Respite care. The CRCs shall arrange respite services to
39relieve caregivers of the stress of constant care.
P5 1(4) Short-term counseling. The CRCs shall provide up to six
2one-hour individual counseling sessions to caregivers seeking
3emotional support, skill development, and strategies to better cope
4with their caregiving situation.
5(5) Support groups. The CRCs shall offer support groups that
6enable caregivers to share experiences and ideas to ease the stress
7of their caregiving role.
8(6) Legal and financial
consultation, including professional legal
9assistancebegin insert or referrals to professional legal assistanceend insert, that can
10help caregivers with a variety of issues, including estate planning,
11trusts, wills, conservatorships, and
durable powers of attorney.
12(7) Education and training. The CRCs shall organize and conduct
13education for groups of caregivers and community professionals
14on a variety of topics related to caregiving.
15(c) The amount of each of the services specified in subdivision
16(b) that are provided shall be determined by local needs and
17available resources.
18(d) Persons receiving services pursuant to this chapter may be
19required to contribute to the cost of services depending upon their
20ability to pay, but not to exceed the actual cost thereof.
Each CRC shall submit progress reports on its activities
22as required by the director. These reports shall include, but not be
23limited to, a summary and evaluation of the activities of the CRC.
24Client, caregiver, service, and cost data shall be provided for each
25operating CRC.
The director may enter into exclusive or nonexclusive
27contracts on a bid or negotiated basis and may amend existing
28contracts to provide or arrange for services provided under this
29chapter. Contracts entered into or amended pursuant to this section
30shall be exempt from the provisions of Chapter 2 (commencing
31with Section 10290) of Part 2 of Division 2 of the Public Contract
32Code and Chapter 6 (commencing with Section 14825) of Part 5.5
33of Division 3 of Title 2 of the Government Code.
This act is an urgency statute necessary for the
35immediate preservation of the public peace, health, or safety within
36the meaning of Article IV of the Constitution and shall go into
37immediate effect. The facts constituting the necessity are:
38To ensure the continuation of vital services through the transition
39of the program from the former State Department of Mental Health
P6 1to the State Department of Health Care Services, it is necessary
2that this act take effect immediately.
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