Amended in Senate August 21, 2014

Amended in Senate August 19, 2014

Amended in Senate August 4, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 8, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1744

Introduced by Assembly Member Brown

(Principal coauthor: Assembly Member Atkins)

(Coauthors: Assembly Members Cooley, Levine, Waldron, and Yamada)

February 14, 2014

An act to add and repeal Section 9104 to the Welfare and Institutions Code, relating to aging.

LEGISLATIVE COUNSEL’S DIGEST

AB 1744, as amended, 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, until January 1, 2018, would require the department to begin delete convene end delete begin insert establish end insert a blue-ribbon task force comprised of at least 13 members, as specified, to make legislative recommendations to improve services for unpaid and family caregivers in California, if the department receives sufficient nonstate funds from private sources to implement the bill. The bill would require the task force to prepare a report of its findings and recommendations and provide it to the Legislature on or before July 1, 2017. The bill would make related findings and declarations.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

This act shall be known, and may be cited, as the
California Caregiver Act of 2014.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares all of the following:

end insert begin insert

(a) A caregiver can be any relative, partner, friend, or neighbor
who has a significant relationship with, and who provides a broad
range of assistance to, an older person or an adult with a chronic
or disabling condition.

end insert begin insert

(b) At present, there is no complete inventory of caregiving
programs available to Californians performing unpaid caregiving
services for an aging or disabled family member, friend, or
neighbor.

end insert begin insert

(c) Family support is a key driver in remaining in one’s home
and community, but it comes at substantial costs to the caregivers,
their families, and to society. If family caregivers were no longer
available, the economic cost to California’s health care and
long-term services and supports systems would increase
astronomically.

end insert begin insert

(d) Fifty-nine percent of all family caregivers are employed full
or part time. Family caregivers typically spend 20 hours a week
caring for a family member who needs help with bathing, dressing,
and other kinds of personal care, as well as household tasks such
as shopping and managing finances.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 9104 is added to the Welfare and Institutions
Code, to read:

9104.  

(a) The department shall begin delete convene end delete begin insert establish end insert a blue-ribbon
task force on unpaid family caregiving upon receipt of sufficient
nonstate funds, as determined by the department, from private
sources to implement this section. The department shall use the
private funds solely for the planning, operation, assessment, and
final recommendations of the task force.

(b) The task force shall be chaired by a representative elected
by the members of the task force.

(c) The task force shall be comprised of at least 13 members,
each of whom shall have experience in one or more of the
following categories:

(1) A person with experience in the field of academic research
on caregiving.

(2) A family caregiver for an adult with a chronic or disabling
condition.

(3) A representative of the mental health community.

(4) A representative of the California caregiver resource centers.

(5) A representative of the Alzheimer’s Disease community.

(6) A representative of an organization that provides
community-based adult services.

(7) A representative of an organization that provides services
to caregivers.

(8) A representative of a nonprofit organization representing
senior citizens.

(9) A representative with expertise in and knowledge of the
specific needs of culturally and linguistically diverse caregivers
and the unique challenges of delivering services to family
caregivers who face cultural or linguistic barriers.

(10) An adult with a chronic or disabling condition who receives
care from an unpaid caregiver or family member.

(11) A director or designated representative of an area agency
on aging.

(d) The blue-ribbon task force shall do all of the following:

(1) Review the current policies and practices of state, local, and
community programs available to caregivers of adults with chronic
or disabling conditions, and consider how the needs of family
caregivers should be assessed and addressed so that they can
continue in their caregiving role without being overburdened.

(2) Consider the recommendations of other state plans,
including, but not limited to, the Olmstead Plan, the Long-Range
Strategic Plan on Aging, the State Plan for Alzheimer’s Disease,
and the State Plan on Aging.

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

(4) Determine gaps in services to family caregivers and identify
barriers to participation in current programs.

(5) Consider cultural and linguistic factors that impact caregivers
and care recipients who are from diverse populations.

(6) Consult with a broad range of stakeholders, including, but
not limited to, people diagnosed with Alzheimer’s disease, adults
with disabling or chronic conditions, family caregivers,
community-based and institutional providers, caregiving
researchers and academicians, formal caregivers, the Caregiver
Resource Centers, the California Commission on Aging, and other
state entities.

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

(8) Assess information referral and resource sharing systems
used by family caregivers by doing all of the following:

(A) Compiling an inventory of the resources available to family
caregivers.

(B) Determining access barriers in the current system.

(C) Considering the cultural and linguistic factors that impact
caregivers and care recipients who are from diverse populations.

(D) Comparing consistency of access across the counties.

(9) Identify best practices both in California and in other states.

(10) Explore expanding those best practices in caregiving
programs to populations that are not currently targeted.

(11) Make specific recommendations that address, at a
minimum, each of the following:

(A) The development of an Internet Web site or portal that
contains a list of current resources and supports available in a
family caregiver’s community, and the contact information of a
person or organization who can help a family caregiver navigate
these support services.

(B) The enhancement of outreach and education efforts by area
agencies on aging and family resource centers.

(C) The development of a caregiver screening and assessment
tool that will help identify which services and supports a family
caregiver needs.

(12) Prepare and provide to the Legislature a report of its
findings and recommendations on or before July 1, 2017.

(e) (1) Members shall serve without compensation, but shall
receive reimbursement for travel and other necessary expenses
actually incurred in the performance of their official duties.

(2) The task force shall meet on a bimonthly basis.

(3) Members of the task force shall be appointed to serve for
the duration of the task force.

(4) All meetings of the task force shall be open to the public
and adequate notice shall be provided in accordance with the
Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code).

(f) A report to be submitted pursuant to paragraph (11) of
subdivision (d) shall be submitted in compliance with Section 9795
of the Government Code.

(g) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.