BILL ANALYSIS
AB 2920
Page 1
Date of Hearing: April 25, 2006
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Patty Berg, Chair
AB 2920 (Leno) - As Amended: April 18, 2006
As Proposed to be Amended Legislative Council RN 06 09994
SUBJECT : California Department of Aging: Seniors
SUMMARY : This bill requires the California Department of Aging
(CDA) to ensure that all programs administered by CDA and the
Area Agencies on Aging (AAAs) account for the needs of lesbian,
gay, bisexual, and transgender (LGBT) elders. Specifically,
this bill :
1)Makes findings and declarations including the following:
a) Recent studies have shown that lifelong experiences of
marginalization place LGBT seniors at high risk for
isolation, poverty, homelessness, and premature
institutionalization;
b) Many LGBT seniors avoid accessing elder programs and
services, even when their health and safety and security
depend on it;
c) LGBT seniors often lack social and family support
networks available to non-LGBT seniors;
d) LGBT seniors are denied many vital financial benefits
provided to heterosexual married couples including Social
Security benefits and equal long-term care insurance
protections;
e) The number of people 65 years of age and older in
California is expected to double to 6.5 million by the year
2020, thereby increasing the number of LBGT seniors who are
receiving inadequate services;
f) 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 CDA and the
AAAs; and,
g) California leads the nation in the protections it
affords to LGBT persons. Including the needs of LGBT
seniors and other underrepresented groups in the needs
assessment and Area Plan process will help the state to be
a model for change in other states and at the federal
level.
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2)Specifies that CDA shall ensure that programs and services
provided through the Older Americans Act and the Older
Californians Act 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, 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.
3)Specifies that CDA shall require each AAA to include the needs
of LGBT seniors in their needs assessments and Area Plans.
4)Requires CDA to provide technical assistance to the AAAs for
the training of program staff, volunteers, and contractors
regarding the unique needs of LGBT seniors.
EXISTING LAW
1)Establishes the federal Older Americans Act (Chapter 35 of
Title 42 of the United States Code) which provides a national
network of state units on aging and AAAs to deliver home and
community-based programs for older adults. Programs include
nutrition, transportation, information and assistance, elder
abuse prevention, and caregiver support.
2)Establishes the Older Californians Act (Welfare and
Institutions Code, Division 8.5) which provides state-funded
programs and services for older adults and people with
disabilities.
3)Establishes CDA as the state unit on aging to administer a
broad range of home and community-based programs. The
department's mission is to provide leadership to the AAAs in
developing systems of home and community-based services that
maintain individuals in their own homes or least restrictive
homelike environments.
4)Requires CDA to develop minimum standards for service delivery
to ensure that programs meet consumer needs, operate in a
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cost-effective manner, and preserve the independence and
dignity of aging Californians.
5)Establishes the AAAs as the entities that provide for and/or
deliver services under the Older Americans Act, the Older
Californians Act, and other funding sources at the local
level.
6)Requires AAAs to conduct regular needs assessments in their
planning and service area to document the service needs of
older adults and adults with disabilities.
7)Requires each AAA to develop and submit to CDA an Area Plan
every four years. Each plan must include the available data
and population trends, assess the community's need for
services, identify sources of funding for those services, and
develop and implement a plan for the delivery of those
services based on the community's needs.
8)Specifies that in fulfilling their mission, AAAs shall build
upon the resources unique to each community and be guided by a
description of a community-based system that includes the
assurance that all services are readily accessible to all
older adults, involves a collaborative decision making
process, and offers special help or targeted resources for the
most vulnerable older individuals, those in danger of losing
their independence.
9)Requires CDA to develop a State Plan on Aging every four years
based upon the local area plans. The State Plan is submitted
to the Administration on Aging at the federal level.
FISCAL EFFECT : Unknown.
COMMENTS : This bill ensures that the needs of LGBT seniors are
addressed in the planning and development of programs and
services administered by CDA and the AAAs.
California has 33 AAAs that provide a wide range of services
designed to keep older adults and adults with disabilities
independent and in their own homes and communities for as long
as possible. AAAs serve as the focal point for local aging
issues and concerns. The services are funded through the Older
Americans Act, the Older Californians Act, local entities, and
grants.
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To ensure that programs and services funded by the AAA
adequately serve the older adults within each community, AAAs
are required to conduct a needs assessment every four years to
document the service needs of community residents and any gaps
in the service network. The needs assessment process typically
includes a community-wide survey, community meetings, and
information received from stakeholders and key informants.
California Code of Regulations (Title 22, Division 1.8, Chapter
3, Article 3) requires that each needs assessment include all of
the following: the target populations, the types of existing
and potential needs of older individuals in the community, the
services or resources that currently are available, as well as
any constraints (waiting lists, geographic limitations,
quality), an estimate of unmet needs or barriers to access,
demographic information, and data from other agencies. The
information received through the needs assessment process guides
the AAA in identifying the service priorities for the Area Plan.
Every four years, CDA is required by federal law to submit a
State Plan on Aging to the federal Administration on Aging.
When approved, CDA receives federal funds to administer the
State Plan. Beyond the minimum required information,
California's 2005-2009 State Plan on Aging addresses key
socio-demographic factors that will shape funding needs and
priorities, unmet needs and promising practices identified by
CDA and the AAAs, and CDA's objectives in working with the AAAs
to provide cost-effective, high quality services to California's
Older adults and their informal caregivers.
The 2005-2009 State Plan on Aging includes a summary of AAA
needs assessment findings. Statewide, AAAs have indicate that
older adults often do not know how to secure available services
and that information on what services exist and how to access
them is one of the most pressing needs. The promising practices
to expand outreach and information identified in the State Plan
on Aging includes establishing many more activities targeting
diverse cultural and ethnic groups, which in some areas included
creating neighborhood partnerships with African American, Asian
Pacific Islander, and LGBT groups.
In addition, the State Plan on Aging includes in its priorities
for 2005-2009 the facilitation of diversity training for CDA
staff and external stakeholders to promote cultural competence
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and sensitivity in providing services so that ethnic and
cultural differences are not a barrier to accessing services.
The technical assistance requirement included in this bill could
potentially be included in this priority area.
Recent studies have called attention to the lack of culturally
competent services for LGBT seniors. In areas ranging from
housing and health care to relationship and asset protection,
these individuals are vulnerable to multiple forms of
discrimination and often have limited legal, medical, and social
resources. A number of the unique problems faced by LGBT
seniors are caused by the fact that they often do not have the
same family support systems as heterosexual individuals.
Because LGBT seniors may be more likely to age alone and without
children, they are especially dependent on public and private
services for the elderly. However, fears of homophobia or
transphobia often prevent LGBT seniors from accessing adequate
health care, affordable housing, and other social services that
they need.
According to the author, having to rely on the healthcare
system, a nursing home facility, or any other social institution
understandably provokes anxiety and fear in aging LGBT
Californians. Many avoid accessing services altogether, even
when their health, safety, and security depend on it. Due to
discriminatory marriage laws, LGBT seniors also face barriers to
protecting their relationships and assets later in life.
AB 2920 would greatly strengthen the state's ability to respond
to the needs of this population by including LGBT elders in the
planning and development of services administered by the AAAs
and CDA.
Proponents argue that there is a clear need for public policy
measures to better protect LGBT seniors who constitute an
underserved population at high risk for health disparities,
isolation, poverty, homelessness and premature isolation. By
including LGBT seniors in the needs assessment and Area Plan
process, CDA and the AAAs can ensure that they are responding to
the needs of all older adults and adults with disabilities in
each community.
While the Committee received letters of opposition from two
organizations, neither letter included information regarding the
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basis of the organization's opposition to the bill.
REGISTERED SUPPORT / OPPOSITION :
Support
American Society on Aging (ASA)
Gay and Lesbian Alliance of the Central Coast (GALA)
Lambda Letters Project
Lavender Seniors of the East Bay
National Association of Social Workers, California Chapter
National Center for Lesbian Rights
San Francisco Aids Foundation
Spectrum Center
Opposition
California Family Alliance
California Family Council
Analysis Prepared by : Allison Ruff / AGING & L.T.C. / (916)
319-3946