SECTIONS 9540-9547 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 9540-9547

9540. It is the intent of the Legislature to ensure that older
individuals and functionally impaired adults receive needed services
that will enable them to maintain the maximum independence permitted
by their functional ability and remain in their own home or
communities for as long as possible. Except where otherwise provided,
community-based services programs under the Community-Based Services
Network shall meet all of the minimum requirements specified in this
chapter.

9541. (a) The Legislature finds and declares that the purpose of
the Health Insurance Counseling and Advocacy Program is to provide
Medicare beneficiaries and those imminent of becoming eligible for
Medicare with counseling and advocacy as to Medicare, private health
insurance, and related health care coverage plans, on a statewide
basis, and preserving service integrity.
(b) The department shall be responsible for, but not limited to,
doing both of the following:
(1) To act as a clearinghouse for information and materials
relating to Medicare, managed care, health and long-term care related
life and disability insurance, and related health care coverage
plans.
(2) To develop additional information and materials relating to
Medicare, managed care, and health and long-term care related life
and disability insurance, and related health care coverage plans, as
necessary.
(c) Notwithstanding the terms and conditions of the contracts,
direct services contractors shall be responsible for, but not limited
to, all of the following:
(1) Community education to the public on Medicare, long-term care
planning, private health and long-term care insurance, managed care,
and related health care coverage plans.
(2) Counseling and informal advocacy with respect to Medicare,
long-term care planning, private health and long-term care insurance,
managed care, and related health care coverage plans.
(3) Referral services for legal representation or legal
representation with respect to Medicare appeals, Medicare related
managed care appeals, and life and disability insurance problems.
Legal services provided under this program shall be subject to the
understanding that the legal representation and legal advocacy shall
not include the filing of lawsuits against private insurers or
managed health care plans. In the event that legal services are
contracted for by the agency separately from counseling and education
services, a formal system of coordination and referral from
counseling services to legal services shall be established and
maintained.
(4) Educational services supporting long-term care educational
activities aimed at the general public, employers, employee groups,
senior organizations, and other groups expressing interest in
long-term care planning issues.
(5) Educational services emphasizing the importance of long-term
care planning, promotion of self-reliance and independence, and
options for long-term care.
(6) To the extent possible, support additional emphasis on
community educational activities that would provide for announcements
on television and in other media describing the limited nature of
Medicare, the need for long-term care planning, the function of
long-term care insurance, and the availability of counseling and
educational literature on those subjects.
(7) Recruitment, training, coordination, and registration, with
the department, of health insurance counselors, including a large
contingent of volunteer counselors designed to expand services as
broadly as possible.
(8) A systematic means of capturing and reporting all required
community-based services program data, as specified by the
department.
(d) Participants who volunteer their time for the health insurance
counseling and advocacy program may be reimbursed for expenses
incurred, as specified by the department.
(e) The department, the Department of Managed Health Care, and the
Department of Insurance shall jointly develop interagency procedures
for referring and investigating suspected instances of
misrepresentation in advertising or sales of services provided by
Medicare, managed health care plans, and life and disability insurers
and agents.
(f) (1) No health insurance counselor shall provide counseling
services under this chapter, unless he or she is registered with the
department.
(2) No registered volunteer health insurance counselor shall be
liable for his or her negligent act or omission in providing
counseling services under this chapter. No immunity shall apply to
health insurance counselors for any grossly negligent act or omission
or intentional misconduct.
(3) No registered volunteer health insurance counselor shall be
liable to any insurance agent, broker, employee thereof, or similarly
situated person, for defamation, trade libel, slander, or similar
actions based on statements made by the counselor when providing
counseling, unless a statement was made with actual malice.
(4) Prior to providing any counseling services, health insurance
counselors shall disclose, in writing, to recipients of counseling
services pursuant to this chapter that the counselors are acting in
good faith to provide information about health insurance policies and
benefits on a volunteer basis, but that the information shall not be
construed to be legal advice, and that the counselors are,
generally, not liable unless their acts and omissions are grossly
negligent or there is intentional misconduct on the part of the
counselor.
(5) The department shall not register any applicant under this
section unless he or she has completed satisfactorily training which
is approved by the department, and which shall consist of not less
than 24 hours of training that shall include, but is not limited to,
all of the following subjects:
(A) Medicare.
(B) Life and disability insurance.
(C) Managed care.
(D) Retirement benefits and principles of long-term care planning.
(E) Counseling skills.
(F) Any other subject or subjects determined by the department to
be necessary to the provision of counseling services under this
chapter.
(6) The department shall not register any applicant under this
section unless he or she has completed all training requirements and
has served an internship of cocounseling of not less than 10 hours
with an experienced counselor and is determined by the local program
manager to be capable of discharging the responsibilities of a
counselor. An applicant shall sign a conflict of interest and
confidentiality agreement, as specified by the department.
(7) A counselor shall not continue to provide health insurance
counseling services unless he or she has received continuing
education and training, in a manner prescribed by the department, on
Medicare, managed care, life and disability insurance, and other
subjects during each calendar year.

9542. (a) The Legislature finds and declares that the purpose of
the Alzheimer's Day Care-Resource Center Program is to provide access
to specialized day care resource centers for individuals with
Alzheimer's disease and other dementia-related disorders and support
to their families and caregivers.
(b) The following definitions shall govern the construction of
this section:
(1) "Participant" means an individual with Alzheimer's disease or
a disease of a related type, particularly the participant in the
moderate to severe stages, whose care needs and behavioral problems
may make it difficult for the individual to participate in existing
care programs.
(2) "Other dementia-related disorders" means those irreversible
brain disorders that result in the symptoms described in paragraph
(3). This shall include, but is not limited to, multi-infarct
dementia and Parkinson's disease.
(3) "Care needs" or "behavioral problems" means the manifestations
of symptoms that may include, but need not be limited to, memory
loss, aphasia (communication disorder), becoming lost or disoriented,
confusion and agitation, with the potential for combativeness, and
incontinence.
(4) "Alzheimer's day care resource center" means a center
developed pursuant to this section to provide a program of
specialized day care for participants with dementia.
(c) The department shall adopt policies and guidelines to carry
out the purposes of this section, and the adoption thereof shall not
be subject to Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(d) In order to be eligible to receive funds under this section, a
direct services contract applicant shall do all of the following:
(1) Provide a program and services to meet the special care needs
of, and address the behavioral problems of, participants.
(2) Provide adequate and appropriate staffing to meet the nursing,
psychosocial, and recreational needs of participants.
(3) Provide physical facilities that include the safeguards
necessary to protect the participants' safety.
(4) Provide a program for assisting individuals who cannot afford
the entire cost of the program. This may include, but need not be
limited to, utilizing additional funding sources to provide
supplemental aid and allowing family members to participate as
volunteers at the applicant's facility.
(5) Utilize volunteers and volunteer aides and provide adequate
training for those volunteers.
(6) Provide a match of not less than 25 percent of the direct
services contract amount consisting of cash or in-kind contributions,
identify other potential sources of funding for the applicant's
facility, and outline plans to seek additional funding to remain
solvent.
(7) Maintain family and caregiver support groups.
(8) Encourage family members and caregivers to provide
transportation to and from the applicant's facility for participants.
(9) Concentrate on participants in the moderate to severe ranges
of disability.
(10) Provide or arrange for a noon meal to participants.
(11) Serve as model centers available to other service providers
for onsite training in the care of these patients.
(12) Maintain a systematic means of capturing and reporting all
required community-based services program data.
(e) To the extent possible within their resources, direct services
contract applicants are encouraged to:
(1) Establish contact with local educational programs, such as
nursing and gerontology programs, to provide onsite training to
students.
(2) Provide services to assist family members, including
counseling and referrals to other resources.
(3) Involve the center in community outreach activities and
provide educational and informational materials to the community.
(f) A direct services contractor shall be licensed as an adult day
program, as defined in paragraph (2) of subdivision (a) of Section
1502 of the Health and Safety Code, or as an adult day health care
center, as defined in subdivision (b) of Section 1570.7 of the Health
and Safety Code, and shall be subject to the requirements of this
division, including this chapter, for purposes of operating an
Alzheimer's day care resource center. If the direct services
contractor surrenders its adult day program or adult day health care
center license, or if the license has been terminated as a result of
noncompliance with applicable licensure or certification standards,
these actions shall also serve to terminate the direct services
contractor's Alzheimer's day care resource center contract.
(g) An Alzheimer's day care resource center that was not licensed
as an adult day program or adult day health care center prior to
January 1, 2005, shall be required to be so licensed by January 1,
2008. A direct services program that qualifies to operate as an
Alzheimer's day care resource center after January 1, 2005, shall be
required to be licensed as an adult day program or adult day health
care center.
(h) Nothing in this chapter shall be construed to prevent existing
adult day care services, including adult day health care centers,
from developing a specialized program under this chapter. The
applicants shall meet all of the requirements for direct services
contractors in this chapter and satisfactorily demonstrate that the
direct services contract funding award shall be used to develop a
distinct specialized program for this target population.

9543. (a) The Legislature finds and declares that the purpose of
the Brown Bag Program is to provide opportunities for sponsors and
volunteers to glean through excess food stuffs that are donated, and
distribute bags of food to help meet the nutritional needs of
low-income older individuals.
(b) For purposes of this section "low-income older individual"
means a person 60 years of age or older, with an income no higher
than that of the annual basic benefit level provided under the State
Supplementary Program for a blind applicant or recipient pursuant to
subdivision (a) of Section 12200.
(c) If services are being provided in compliance with subdivision
(b) and it is then determined that a surplus of foodstuffs exists,
the program may also provide these services to persons 60 years of
age or older with an income that does not exceed 125 percent of the
maximum income level for a low-income older individual, as specified
in subdivision (b). The provision of services under this subdivision
shall be contingent upon the availability of surplus food products,
as determined by the local delivery site, and services shall be
rendered within the limits of available funds. Services shall be
provided to otherwise eligible low-income older individuals with
incomes over the annual basic benefit level specified in subdivision
(b) only after the local agency operating the program determines that
the needs of low-income older individuals who meet all the
requirements of subdivision (b) have been met.
(d) In order to be eligible to receive funds under this chapter, a
direct services contract applicant shall meet, but need not be
limited to, all of the following conditions:
(1) Provide a cash match of 25 percent and an in-kind match of 25
percent prior to receiving funds under Chapter 7 (commencing with
Section 9530) and this chapter.
(2) Use matching sources that are derived from, but are not
limited to, city, county, and federal funds, contributions, and
private or business donations. Priority shall be given to those local
programs with a larger local match. State money shall be used as a
catalyst for charitable contributions, including in-kind and local
community support.
(3) Operate under a board of directors, with at least one
low-income older individual as a representative, and other interested
persons from the community.
(4) Provide adequate space to store food with necessary access to
refrigerator and freezer storage.
(5) Utilize volunteers to distribute produce and unsold foodstuffs
to low-income older individuals.
(6) Maintain a systematic means of capturing and reporting all
required community-based services program data.
(e) Food distributed to seniors shall comply with county health
regulations. Except for any injury resulting from gross negligence or
willful act, no county or county agency established pursuant to this
chapter and no person who donates any agricultural product shall be
liable for any injury, including, but not limited to, injury
resulting from the ingesting of the product, as a result of any act,
or the omission of any act, in connection with donating any product
pursuant to this chapter.

9544. (a) The Legislature finds and declares that the purpose of
the Foster Grandparent Program shall be to provide personally
meaningful volunteer community service opportunities to low-income
older individuals through mentoring children with exceptional
physical, developmental, or behavioral needs, in accordance with the
federal National and Community Service Trust Act of 1993 (42 U.S.C.
Sec. 12651 et seq.).
(b) For purposes of this section, "foster grandparent volunteer"
means an individual who is 60 years of age or older, has an
insufficient income, as determined in accordance with Part 1208 of
Title 45 of the Code of Federal Regulations, and provides at least
four hours a day, five days a week of foster grandparent services
under this chapter.
(c) Direct service contractors shall meet all of the following
requirements:
(1) Be a city, county, city and county, or department of the
state, or any suitable private, nonprofit organization, that
demonstrates the ability to provide the specified services in a
variety of settings, including, but not limited to, hospital
pediatric wards, facilities for the physically, emotionally, or
mentally impaired, correctional facilities, schools, day care
centers, and residences.
(2) Recruit, select, train, and assign staff and volunteers.
(3) Provide volunteer participants with the same benefits,
transportation, stipends, and income exemptions as provided to the
foster grandparent volunteers funded through the Corporation for
National Service.
(4) Provide or arrange for meals, transportation, and supervision
for volunteers.
(5) Provide benefits and meaningful volunteer service
opportunities to low-income individuals 60 years of age and older.
(6) Serve children under 21 years of age who have special needs or
who are deprived of normal relationships with adults.
(7) Provide services to persons, including, but not limited to,
any of the following:
(A) Premature and failure-to-thrive babies, or abused, neglected,
battered, or chronically ill children in hospitals.
(B) Autistic children, children with cerebral palsy or
developmentally disabled children placed in institutions for the
developmentally disabled.
(C) Physically impaired children, mentally disabled children,
emotionally disturbed children, developmentally disabled children, or
children who are socially and culturally deprived in school settings
or child care centers, dependent children, neglected children,
mentally disabled children, emotionally disturbed or physically
impaired children, battered or abused children in residential
settings.
(D) Delinquent children or adolescents in correctional
institutions.
(E) A child under 19 years of age, when the child has been charged
with committing, or adjudged to have committed, an offense which is
the equivalent to, a misdemeanor.
(8) Maintaining a systematic means of capturing and reporting all
required community-based services program data.
(d) In addition to the opportunity to help children who have
exceptional physical, developmental, or behavioral needs and are
deprived of normal relationships with adults, foster grandparent
volunteers shall receive all of the following:
(1) Expenses for transportation to and from their homes and the
place where they render their services or may have transportation in
buses or in other transportation made available to them.
(2) One free meal during each day in which the foster grandparent
renders services.
(3) Accident insurance, an annual physical examination, and a
nontaxable hourly stipend.
(e) This section shall be implemented only to the extent that
funds are appropriated for its purposes in the annual Budget Act or
in another statute.

9545. (a) The Legislature finds and declares that the purpose of
the Linkages Program shall be to provide care and case management
services to frail elderly and functionally impaired adults, with
priority for enrollment given to low-income individuals, to help
prevent or delay placement in nursing facilities. For purposes of
this section, "care or case management" means all of the following:
(1) As appropriate, ongoing care or case management to frail
elderly and functionally impaired adults to help prevent or delay
placement in nursing facilities.
(2) Client assessment, in conjunction with the development of a
service plan with the participant and other appropriate persons, to
provide for needs identified by the assessment.
(3) Authorization and arrangement for the purchase of services, or
referral, with followup, to volunteer, informal, or third-party
payer services. Contractors shall maximize to the fullest extent
possible the use of existing services resources before using program
funds to purchase services for clients. Any benefits received as a
result of these purchases either shall not be considered income for
purposes of programs provided for under Division 9 (commencing with
Section 10000) or shall not be considered an alternative resource
pursuant to Section 12301.
(4) Service and participant monitoring to determine that the
services obtained are appropriate to need, of acceptable quality, and
provided in a timely manner.
(5) Followup with clients, including periodic contact and
initiation of an interim assessment, if deemed necessary, prior to
scheduled reassessment.
(6) Assistance to older individuals entering or returning home
from nursing facilities and who need help to make the transition.
(7) Comprehensive and timely information, when necessary, to
individuals and their families about the availability of community
resources, to assist functionally impaired adults and the frail
elderly to maintain the maximum independence permitted by their
functional ability.
(8) Short-term specialized assistance, including timely
one-time-only assistance in securing community resources, counseling,
and the arrangement of an action plan, when there is a temporary
probable threat to the ability of the frail elderly person or
functionally impaired adult to remain in the most independent living
arrangement permitted by his or her functional ability.
(b) Contractors of the Linkages Program shall have experience in
community long-term care services and capability to serve the frail
elderly and functionally impaired adults, and where applicable,
ensure separateness of the programs and demonstrate protective
measures to avoid conflict of interest.
(c) Contractors of the Linkages Program shall have a systematic
means of capturing and reporting all required community-based
services program data.
(d) (1) Each county shall deposit funds collected pursuant to
Section 1465.5 of the Penal Code in its general fund, to be available
for use only for the support of services provided under this chapter
in that county, including county administrative costs not exceeding
10 percent of the funds collected, except as otherwise provided in
this subdivision. A county may join with other counties to establish
and fund a program of services under this chapter.
(2) Funds utilized pursuant to this section shall not supplant, be
offset against, or in any way reduce funds otherwise appropriated
for the support of services provided under this chapter.
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, on
or before September 1, 2009, the department shall issue a revised
program manual, program memorandum, or similar instructions to
contractors regarding the prioritization of low-income individuals.
(2) Effective November 1, 2009, contractors shall give priority
for enrollment to low-income individuals.

9546. (a) The purpose of the Respite Program shall be to provide
temporary or periodic services for frail elderly or functionally
impaired adults to relieve persons who are providing care, or
recruitment and screening of providers and matching respite providers
to clients.
(b) Direct services contractors shall do either one or more of the
following:
(1) In acting as a respite care information and referral agency,
recruiting and screening respite providers and matching respite
providers to clients. Respite care registries shall consist of the
names, addresses, and telephone numbers of providers, including, but
not limited to, individual caregivers, volunteers, adult day care
services, including adult day health care services and services
provided by licensed residential care facilities for the elderly.
(2) Arranging for and purchasing respite services for program
participants.
(3) Maintaining a systematic means of capturing and reporting all
required community-based services program data.
(c) This section shall be implemented only to the extent that
funds are appropriated for its purposes in the annual Budget Act or
in another statute.

9547. (a) The purpose of the Senior Companion Program shall be to
provide personally meaningful volunteer community service
opportunities to low-income older individuals for the benefit of
adults who need assistance in their daily living. It is the purpose
of this chapter to enable older individuals to provide care and
support on a person-to-person basis to adults with special needs,
such as the frail elderly, physically impaired adults and those
adults who are mentally or neurologically impaired, in accordance
with the National and Community Service Trust Act of 1993 (42 U.S.C.
Sec. 12651, et seq.).
(b) For the purposes of this chapter "senior companion volunteer"
means an older individual who is 60 years of age or older, has an
insufficient income, as determined in accordance with Part 1208 of
Title 45 of the Code of Federal Regulations, and provides at least
four hours a day, five days a week, of senior companion services
under this chapter.
(c) Requirements of direct service contractors:
(1) Be a city, county, city and county, or department of the
state, or any suitable private, nonprofit organization, that
demonstrates the ability to provide the specified services in a
variety of settings, including, but not limited to, in residential,
nonresidential, institutional and in-home settings.
(2) Demonstrate the ability to recruit, select, train, and assign
staff and volunteers.
(3) Provide volunteer participants with the same benefits,
transportation, stipends, and income exemptions as provided to the
senior companion volunteers funded through the Corporation for
National Service.
(4) Provide or arrange for meals, transportation, and supervision
for volunteers.
(5) Provide benefits and meaningful volunteer service
opportunities to low-income individuals 60 years of age or older.
(6) Serve adults who are frail and have functional impairments.
(7) Provide services to, but not limited to, all of the following:
(A) Older individuals who were either formerly active and are now
bedfast, too frail, or too ill to be transported to special programs.
(B) Physically impaired older individuals who cannot leave their
homes due to the extent of their disabilities.
(C) Individuals who, due to functional impairments, fear of a
fast-moving society, and the possibility of bodily harm, are afraid
to go out.
(D) Physically impaired individuals who are capable of interacting
in activities for the physically impaired, but because of their
limitations have been overprotected by their guardians.
(E) Physically or mentally impaired older individuals who have
become so depressed that they have withdrawn from all social
interaction and are confined as a result of psychological problems.
(F) Physically impaired individuals who are eager to be enrolled
in day care programs, but have to stay on waiting lists until there
is an opening.
(8) Maintain a systematic means of capturing and reporting all
required community-based services program data.
(d) In addition to the opportunity to help other adults who have
special needs, such as the frail elderly, physically impaired adults
and those adults who are mentally or neurologically impaired, senior
companion volunteers shall receive all of the following:
(1) Expenses for transportation to and from their homes and the
place where they render their services or transportation in buses or
in other transportation made available to them.
(2) One free meal during each day in which the senior companion
renders services.
(3) Accident insurance, an annual physical examination, and a
nontaxable hourly stipend.
(e) Senior companions funded under this chapter shall not be
assigned to individuals already receiving in-home supportive
services.
(f) This section shall be implemented only to the extent that
funds are appropriated for its purposes in the annual Budget Act or
in another statute.