California Legislature—2013–14 Regular Session

Assembly Bill No. 1744

Introduced by Assembly Member Brown

(Principal coauthor: Assembly Member Atkins)

February 14, 2014

An act to amend Section 9100 of the Welfare and Institutions Code, relating to aging.

LEGISLATIVE COUNSEL’S DIGEST

AB 1744, as introduced, Brown. California Department of Aging.

The Mello-Granlund Older Californians Act creates the California Department of Aging to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law requires the department, in accomplishing its mission, to consider available data and population trends in developing programs and policies, collaborate with area agencies on aging, the California Commission on Aging, and other state and local agencies.

This bill would require the department to convene a joint study committee on family caregiving and long-term support services, as provided. The bill would require the committee to prepare a report of its findings and provide it to the Legislature on or before July 1, 2016.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 9100 of the Welfare and Institutions Code
is amended to read:

9100.  

(a) There is in the California Health and Human Services
Agency, the California Department of Aging.

(b) The department’s mission shall be to provide leadership to
the area agencies on aging in developing systems of home- and
community-based services that maintain individuals in their own
homes or least restrictive homelike environments.

(c) (1) In fulfilling its mission, the department shall develop
minimum standards for service delivery to ensure that its programs
meet consumer needs, operate in a cost-effective manner, and
preserve the independence and dignity of aging Californians. In
accomplishing its mission, the department shall consider available
data and population trends in developing programs and policies,
collaborate with area agencies on aging, the commission, and other
state and local agencies, and consider the views of advocates,
consumers and their families, and service providers.

(2) The department shall report the Elder Economic Security
Standard Index data for each service area in its state plan and use
it as a reference when making decisions about allocating its existing
resources, but only if the Elder Economic Security Standard Index
is updated and made available to the department, and if the
available public data used to calculate each Elder Economic
Security Standard Index data element is calculated and updated
for each California county and made available to the department
in a format that displays each county’s specific data.

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(d) (1) The department shall convene a joint study committee
on family caregiving and long-term support services. The
committee shall be jointly chaired by a representative of the
department and a representative of AARP California, except that
all decisions regarding the expenditure of state funds shall be
made by the department representative. The committee shall be
comprised of at least five members, of which at least one shall be
a representative of an area agency on aging advisory council. The
committee shall do all of the following:

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(A) Identify policies, resources, and programs available for
family caregivers and encourage additional innovative and creative
means to support family caregivers to continue to provide needed
in-home support for older adults.

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(B) Compile an inventory of the resources available to family
caregivers.

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(C) Solicit testimony on the needs of family caregivers including
the designation of caregivers, training, respite services, medical
leave policies, delegation of tasks to nonmedical aids and other
policies.

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(D) Prepare and provide to the Legislature a report of its
findings on or before July 1, 2016.

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(2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on July 1, 2020, pursuant to Section
10231.5 of the Government Code.

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(3) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

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(d)

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begin insert (e) end insert  The minimum standards for the department programs shall
ensure that the system meets all of the following requirements:

(1) Have the flexibility to respond to the needs of individuals
and their families and caregivers.

(2) Provide for consumer choice and self-determination.

(3) Enable consumers to be involved in designing and
monitoring the system.

(4) Be equally accessible to diverse populations regardless of
income, consistent with state and federal law.

(5) Have consistent statewide policy, with local control and
implementation.

(6) Include preventive services and home- and community-based
support.

(7) Have cost containment and fiscal incentives consistent with
the delivery of appropriate services at the appropriate level.