BILL NUMBER: AB 2920 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2006
AMENDED IN ASSEMBLY APRIL 18, 2006
INTRODUCED BY Assembly Member Leno
(Coauthors: Assembly Members Berg, Goldberg, Hancock, Koretz,
Laird, Nation, Pavley, Saldana, and Yee)
(Coauthors: Senators Kehoe and Kuehl)
FEBRUARY 24, 2006
An act to amend Section 9015 of, and to add Section
9015.5 to, add Sections 9103 and 9103.1 to the
Welfare and Institutions Code, relating to seniors.
LEGISLATIVE COUNSEL'S DIGEST
AB 2920, as amended, Leno Seniors.
Existing law, the Mello-Granlund Older Californians Act,
establishes the California Department of Aging in the California
Health and Human Services Agency. Existing law sets forth the duties
and powers of the department.
Existing law defines greatest social need for purposes of that
act.
This bill would change the definition of greatest social need
contained in the act.
This bill would require the department to ensure that programs and
services provided through the Older Americans Act and the
Mello-Granlund Older Californians Act in each planning and service
area are available to all older adults regardless of specified
characteristics or circumstances, or by association with a person or
persons with one or more of these actual or perceived characteristics
or circumstances, that restrict an individual's ability to perform
normal daily tasks or that threaten his or her capacity to live
independently.
The bill would require the department to require that each area
agency on aging includes the needs of lesbian, gay, bisexual, and
transgender seniors in their needs assessment and area plans and to
provide technical assistance to the area agencies on aging for the
training of all program staff, contractors, and volunteers regarding
the unique needs of the lesbian, gay, bisexual, and transgender
seniors.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9015 of the Welfare and
Institutions Code is amended to read:
9015. "Greatest social need" means the need caused by noneconomic
factors, that include physical and mental disabilities, language
barriers, cultural or social isolation, including that caused by
actual or perceived racial and ethnic status (for example,
African-American, Hispanic, American Indian, and Asian American),
ancestry, national origin, religion, sex, gender identity, marital
status, familial status, sexual orientation, or by any other basis
set forth in Section 12921 of the Government Code, or by association
with a person or persons with one or more of these actual or
perceived characteristics, that restrict an individual's ability to
perform normal daily tasks or that threaten his or her capacity to
live independently.
SEC. 2. SECTION 1. Section
9015.5 9103 is added to the Welfare and
Institutions Code, to read:
9015.5. 9103. The Legislature finds
and declares all of the following:
(a) Recent studies have shown that lifelong experiences of
marginalization place lesbian, gay, bisexual, and transgender (LGBT)
seniors at high risk for isolation, poverty, homelessness, and
premature institutionalization. Moreover, many LGBT seniors are
members of multiple underrepresented groups, and as a result, are
doubly marginalized. Due to these factors, many LGBT seniors avoid
accessing elder programs and services, even when their health,
safety, and security depend on it.
(b) LGBT seniors often lack social and family support networks
available to non-LGBT seniors. They may face particular health risks,
as disease prevention strategies often ignore LGBT seniors, and HIV
and AIDS drug trials generally do not include older participants.
(c) LGBT seniors are denied many vital financial benefits provided
to heterosexual married couples. For example, surviving same-sex
partners are denied the social security benefits that married couples
are provided, and may face heavy taxes on the transfer of assets
upon the death of a partner. Moreover, even under California law,
LGBT seniors are denied equal long-term care insurance protections.
This costs LGBT seniors hundreds of millions of dollars each year in
lost benefits.
(d) The number of people 65 years of age and older in California
is estimated to double to 6.5 million by the year 2020, thereby
increasing the number of LGBT seniors who are receiving inadequate
services.
(e) Including LGBT seniors, as well as other underrepresented
groups, in the definition of "greatest social need" contained in
Section 9015 would increase access to programs administered by the
California Department of Aging, including, but not limited to, adult
day care programs, health promotion and disease prevention programs,
nutrition services, insurance benefits counseling, employment
programs, legal assistance, and respite care.
(e) Ensuring that the needs of LGBT seniors as well as other
underrepresented groups are adequately assessed during the planning
and development of programs and services will increase access to the
programs administered by the California Department of Aging and the
area agencies on aging.
(f) California leads the nation in the protections it affords to
LGBT persons. As failure to meet the needs of LGBT seniors is a
problem of national scope, including LGBT seniors, and other
underrepresented groups , within the definition of "greatest
social need" under Section 9015 in need of assessment
and area plan process will help the state to be a model for
change in other states and at the federal level.
SEC. 2. Section 9103.1 is added to the
Welfare and Institutions Code , to read:
9103.1. (a) The department shall ensure that programs and
services provided through the Older Americans Act and under this
division in each planning and service area are available to all older
adults regardless of physical or mental disabilities, language
barriers, cultural or social isolation, including that caused by
actual or perceived racial and ethnic status, including, but not
limited to, African-American, Hispanic, American Indian, and Asian
American, ancestry, national origin, religion, sex, gender identity,
marital status, familial status, sexual orientation, or any other
basis set forth in Section 12921 of the Government Code, or by
association with a person or persons with one or more of these actual
or perceived characteristics, that restrict an individual's ability
to perform normal daily tasks or that threaten his or her capacity to
live independently.
(b) The department shall require that each area agency on aging
include the needs of lesbian, gay, bisexual, and transgender seniors
in their needs assessment and area plans.
(c) The department shall provide technical assistance to the area
agencies on aging for the training of all program staff, contractors,
and volunteers regarding the unique needs of the lesbian, gay,
bisexual, and transgender seniors.