SECTIONS 9400-9404 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 9400-9404

9400. (a) The Legislature hereby declares and recognizes the area
agencies on aging to be the local units on aging in California that
are supported from an array of sources, including federal funding
largely through the federal Older Americans Act (42 U.S.C. Sec. 3001,
et seq.), state and local government assistance, the private sector,
and individual contributions for services.
(b) Area agencies on aging shall operate in compliance with the
Older Americans Act and applicable regulations.
(c) Each area agency on aging shall maintain a professional staff
that is supplemented by volunteers, governed by a board of directors
or elected officials, and whose activities are reviewed by an
advisory council consisting primarily of older individuals from the
community.
(d) Each area agency on aging shall create a plan that considers
available data and population trends, assesses the needs for services
provided under this division reflective of the community needs,
identifies sources for funding those services, and develops and
implements a plan for delivery of those services based on those
needs. Each plan shall include developing area home- and
community-based systems of care that maintain individuals in their
own homes or least restrictive environment, providing better access
to these services through information and referral, outreach, and
transportation, and advocating for the elderly on local, state, and
national levels.
(e) Area agencies on aging shall function as the community link at
the local level for development of home- and community-based
services provided under the department's programs.
(f) The area agencies on aging shall implement subdivision (b) of
Section 9100 at the local level, with particular emphasis on
coordinating with the local systems to enable individuals to live out
their lives with maximum independence and dignity in their own homes
and communities through the development of comprehensive and
coordinated systems of home- and community-based care. Nothing in
this division shall preclude local determination and designation of
service coordinators other than area agencies on aging, for
development and implementation of the long-term care integration
pilot projects set forth in Article 4.05 (commencing with Section
14139.05) of Chapter 7 of Part 3 of Division 9.
(g) In fulfilling their mission, area agencies on aging shall
build upon the resources and the commitment unique to each community
and shall be guided by a 10-point description of a community-based
system that shall do all of the following:
(1) Have a visible focal point of contact where anyone can go or
call for help, information, or referral on any aging issue.
(2) Provide a range of service options.
(3) Ensure that these options are readily accessible to all older
individuals, whether independent, semi-independent, or totally
dependent, no matter what their income.
(4) Include a commitment of public, private, and voluntary
resources committed to supporting the system.
(5) Involve collaborative decisionmaking among public, private,
voluntary, religious, and fraternal organizations, as well as older
individuals and consumers in the community.
(6) Offer special help or targeted resources for the most
vulnerable older individuals, those in danger of losing their
independence.
(7) Provide effective referral from agency to agency to ensure
that information or assistance is received, no matter how or where
contact is made in the community.
(8) Evidence sufficient flexibility to respond with appropriate
individualized assistance, especially for the vulnerable older
individuals.
(9) Have a unique character that is tailored to the specific
nature of the community.
(10) Be directed by leaders in the community who have the respect,
capacity, and authority necessary to convene all interested persons
to assess needs, design solutions, track overall success, stimulate
change, and plan community responses for the present and for the
future.

9401. Area agencies on aging and other county agencies that provide
services to older adults through an established multidisciplinary
team, including the county departments of public social services,
health, mental health, alcohol and drug abuse, and the public
guardian, may provide information regarding older adult clients only
to other county agencies with staff designated as members of a
multidisciplinary team that are, or may be, providing services to the
same individuals for purposes of identifying and coordinating the
treatment of individuals served by more than one agency. The county
patients' rights advocate shall report any negative consequences of
the implementation of this exception to confidentiality requirements
to the local mental health director.

9402. The Legislature hereby declares and recognizes each area
agency on aging advisory council as a principal advocate body on
behalf of older individuals within a planning and service area. Area
agency on aging advisory councils shall operate in conformance with
applicable federal requirements. The local advisory councils shall
meet regularly and provide advice and consultation on issues
affecting the provision of services provided locally to older
individuals.

9403. To the extent provided for in paragraph (2) of subdivision
(a) of Section 18773 of the Revenue and Taxation Code, the
Legislature hereby recognizes the Area Agency on Aging Advisory
Council of California, comprised of the chairs of the local advisory
councils.

9404. An individual's receipt of services under the In-Home
Supportive Services Program (Article 7 (commencing with Section
12300), Part 3, Division 9) shall not be the sole cause for denial of
any services provided by area agencies on aging or their
contractors.