BILL NUMBER: AB 753 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
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 nonprofit 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 any contracts for these purposes on a bid
or nonbid basis .
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Division 4 of the Welfare and Institutions Code is repealed.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 CRCs.
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.
(g) "Respite care" means substitute care or supervision in support
of the caregiver for the purposes of providing relief from the
stresses of providing constant care and so as to enable the caregiver
to pursue a normal routine and responsibilities. Respite care may be
provided in the home or in an out-of-home setting, such as day care
centers or short-term placements in inpatient facilities.
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. (a) The director shall do all of
the following:
(a)
(1) Maintain or enter into contracts directly with
nonprofit CRCs to provide direct services to caregivers
throughout the state in the existing geographic service areas.
(b)
(2) Maintain , or require the CRCs to maintain,
a CRC Operations Manual that defines CRC services and
procedures and identifies CRC duties and responsibilities.
(c) Seek funding for CRCs from federal and private sources.
(b) The director may enter into any contracts under this chapter
on a bid or nonbid basis. These contracts shall be exempt from Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code.
4364. (a) Agencies designated as CRCs 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 CRCs 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 CRC
within the existing statewide regions recommended by the director.
(3) Demonstrated ability 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 or referrals to 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.