BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Diane E. Watson, Chairperson
BILL NO: AB 2800
AUTHOR: GRANLUND
AMENDED: June 26, 1996 in Senate
HEARING DATE: JULY 03, 1996
FISCAL: APPROPRIATIONS
CONSULTANT:
Robinson
SUBJECT
Aging
INTENT
This bill seeks to develop minimum standards for service
delivery to ensure that the system meets consumer needs,
operates in a cost-effective manner, and preserves the
independence and dignity of aging Californians.
ABSTRACT
Current law:
Establishes the Older Californians Act (OCA) which is
administered by the California Commission on Aging
(CCA) and the California Department of Aging; and
Provides for CDA to improve and enhance the coordination
and development of home and community based services
for the frail elderly and functionally impaired
adults.
This bill deletes inoperative and outdated sections and
makes the following changes:
Establishes and defines the policy of ohome and
community-based serviceso
The bill emphasizes the need and establishes the
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statewide goal to strengthen and expand home and
community-based services, which maintain individuals
in their own homes or least restrictive homelike
environments.
Places the California Department of Agingos (CDA)
Mission Statement in Law
The mission statement contains language requiring CDA to
provide ongoing oversight, monitoring and service
quality evaluation to ensure that providers are
meeting minimum standards of service provision. As a
result, a clear, appropriate role for CDA as explained
through the mission statement, will assist providers
to better understand CDAos responsibilities. The
mission statement provides for consumer choice,
accessibility to diverse populations, involving
consumers in designing and monitoring, and having
statewide consistency with local control and
implementation.
Establishes a preamble for the Older Californians Act
The insertion of the preamble is necessary in order to
establish the Stateos updated commitment to older
individuals. The intent of the preamble is to
establish in law, State policy regarding services for
older individuals.
Emphasizes the transfer of program management to the
local Area Agencies on Aging (AAA)
This bill transfers daily management of the current
State fund programs to Area Agencies on Aging, while
maintaining within CDA the necessary State oversight.
Language allows maximum flexibility of management of
the programs by the Area Agencies. Local management
of the programs is expected to enhance development of
home and community-based services.
Language is added to clearly establish the role of CDA
as standard-setting, training, certification,
technical assistance and auditing.
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Transfer of program management to Area Agencies on Aging
will also include the following:
Area Agencies on Aging will act as sole program
managers (either directly or through contracts),
except Multipurpose Senior Services Program which
operates on a federal waiver and Adult Day Health
Care which CDA performs under contract with the
Department of Health Services.
Language to ensure that the changes to the Act are
implemented in a manner that is compatible with
the Long-Term Care Integration Pilot Project; and
A plan is required to be developed by CDA to
expand, over time, General Fund programs in parts
of the State not now covered.
Clarifies management/transition of Health Insurance
Counseling and Advocacy Program (HICAP) and
community-based services
Transfers current HICAP provisions to AAAs for daily
contract management. New language will be included
that explains the transitioning process of the HICAP
to Area Agencies and standards required for management
of the program.
Language is also added to the Act which will transition
management of State fund programs to AAAs over a two
year (maximum) period of time. The two year
transition will allow for development of program
expertise and reprocurement responsibilities. As with
the HICAP, specific statewide standards for operation
of these programs are maintained and specified.
Clarifies management issues relating to the Ombudsman
Program
Clarifies that confidential information held by local
ombudsman programs can be shared with law enforcement
agencies and released pursuant to court order. In
addition, the language will specify that release of
such information must be accomplished in a manner
consistent with Federal laws and regulations.
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Calls for coordination of Health and Welfare Agency
(HWA) departments in providing integration of services
This measure is modified to require the HWA Secretary to
convene periodic meetings on matters of
interdepartmental coordination. This modification is
intended to place authority at appropriate levels to
deal with larger HWA issues, many of which overlap
departmental responsibilities.
Establishes a matching special fund for major outreach
programs (e.g., medication management, prevention of
elder abuse, a statewide information referral number
and informational outreach on ombudsman and other
senior services.
This bill establishes an Aging Information and
Education Fund for the purpose of developing public
awareness projects. Foundation, privately-donated and
one-time only State and Federal funds will be used to
promote public awareness of issues of importance to
Californiaos older individuals, their families and
caregivers.
FISCAL IMPACT
Undetermined. There should be no direct fiscal effect.
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BACKGROUND AND DISCUSSION
The Older Californians Act specifies most of the programs
which provide services for senior citizens. It also is the
method by which the Older Americans Act is administered in
California. Since the Older Californians Act was first
established in 1965, there have been numerous amendments to
the Act required by changes in both state and federal law.
It is estimated that California has over 4.6 million
persons who are 60 years of age and over, and that this
population will expand to 5.2 million by the year 2000.
Services to frail elderly and functionally impaired adults
in California include an array of social and other
supportive services that are administered through a wide
variety of programs. Some of these programs include
Alzheimeros Day Care Resource centers, Adult Day Health
Care, Long-Term Care Ombudsman, Health Insurance Counseling
and Advocacy, and congregate and home-delivered nutrition.
Senate Bill 1895(Mello) is the companion bill to AB 2800.
Each bill contains ocontingency languageo specifying that
it will only become operative if the other bill is enacted.
The current language in AB 2800 was developed by CDA. It
was recently released to the public after approval from the
Governoros Office. The department, both authors, and the
affected groups realize that there is inadequate time to
seek public input before the policy deadline. Therefore,
both authors have agreed to seek to pass their respective
bills from the policy committees (to meet the deadline)
with the commitment to return them to the policy committee
after Appropriations in August.
Understanding that the oaging services networko will have
concerns with some provisions of the bill and seek to make
changes to the document, open meetings have
been scheduled with the concerned groups on July 11th and
July 17th. The meetings have been scheduled jointly by the
Senate Subcommittee on Aging and the Assembly Health
Committee. Written notification of the meetings has been
sent to over 600 groups and individuals. After receiving
both verbal and written testimony from the network as well
as a summary of written comments received by CDA, the two
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authors will attempt to complete a consensus recodification
of the Act. This collaborative effort represents a
milestone in the move towards a comprehensive integrated
community based system of care for this stateos frail older
population.
There is one basic consensus, unless there is agreement
between the authors, the chairs of the policy committees,
and the Governoros Office, the bills will not proceed.
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PRIOR ACTIONS
Assembly Floor: Passed (58-6)
Assembly Appropriations: Do Pass (16-0)
Assembly Health: Do Pass to
Consent Calendar (16-0)
POSITIONS
Support: California Association of Area Agencies on
Aging California
Commission on Aging
California Senior Legislature
Triple-A Council of California
Oppose: None reported.
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