SECTIONS 32450-32454 - California Statutes

EDUCATION CODE

SECTION 32450-32454

32450. The State Department of Education shall, on behalf of the
state, participate in the federal Adult Day Care Food Program as set
forth in subsection (o) of Section 1766 of Title 42 of the United
States Code, and shall not terminate its participation in the program
unless the Legislature authorizes that termination.

32451. The State Department of Education is hereby designated as
the single state agency to administer the Adult Day Care Food Program
established pursuant to this chapter.

32452. For the purposes of this chapter, adult day care centers, as
defined in Section 32543, are eligible for reimbursement for meals
or supplements served to persons 60 years of age or older or to
chronically impaired disabled persons, including victims of Alzheimer'
s disease and related disorders with neurological and organic brain
dysfunction, provided the adult day care centers meet the following
requirements:
(a) Reimbursement provided to those institutions for those
purposes shall be supplemental to all other state and federal funding
and improve the quality of meals or level of services provided or
increase participation in the program.
(b) Lunches shall provide, on the average, approximately one-third
of the daily recommended dietary allowance established by the Food
and Nutrition Board of the National Research Council of the National
Academy of Sciences.
(c) The adult day care center makes reasonable efforts to serve
meals that meet the special dietary requirements of participants,
including efforts to serve foods in forms that are palatable to
participants.

32453. The State Department of Education shall administer the Adult
Day Care Food Program for all eligible, participating adult day care
centers that provide adult day care services to the persons
described in Section 32452. For the purposes of this chapter, "adult
day care center" means any public agency or private nonprofit
organization, or any proprietary Title XIX center or Title XX center
that meets the following requirements:
(a) The center is licensed pursuant to Chapter 3.5 (commencing
with Section 1570) of Division 2 of the Health and Safety Code, or
otherwise approved to operate by a state or federal agency.
(b) The center provides for care and services directly or under
arrangements under which the public agency, nonprofit organization,
or proprietary Title XIX or Title XX center maintains professional
management responsibility for all of the services.
The terms "proprietary Title XIX" or "proprietary Title XX center"
means any private, for-profit center that provides adult day care
services for which it receives compensation from amounts granted to
the states pursuant to Title XIX or XX of the federal Social Security
Act as set forth in Section 1396 and following of Title 42 of the
United States Code and for which not less than 25 percent of the
enrolled eligible participants were served by the center in the
calendar month preceding initial application or annual reapplication
for program participation.

32454. The State Department of Education shall promulgate any rules
and regulations necessary for the administration of this chapter in
a manner consistent with Section 1766 of Title 42 of the United
States Code and any federal regulations adopted thereto, including,
but not limited to, regulations setting forth eligibility
requirements.