Bill Text: CA SB453 | 2019-2020 | Regular Session | Amended

California Senate Bill 453 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Older adults.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 850, Statutes of 2019. [SB453 Detail]

Download: California-2019-SB453-Amended.html

Amended IN Senate April 25, 2019

Amended IN Senate April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 453

Introduced by Senator Hurtado

February 21, 2019

An act to amend Section 9120 of, and to add Sections 9121, 9122, 9123, and 9124 to, the Welfare and Institutions Code, relating to older adults.

LEGISLATIVE COUNSEL'S DIGEST

SB 453, as amended, Hurtado. Older adults.

Existing law establishes an Aging and Disability Resource Connection (ADRC) program, administered by the California Department of Aging, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. Existing law requires the ADRC program to provide services within the geographic area served and provide information to the public about the services provided by the program. Existing law makes the operation of these provisions, including the establishment of the ADRC, contingent upon the appropriation of funds for that purpose.

This bill would delete the contingent operation of these provisions and instead make only the operation of the ADRC program contingent upon an appropriation of funds for that purpose. The bill would require the California Department of Aging, by July 1, 2021, to develop a core model of best practices, and would require ADRC programs operated jointly by area agencies on aging or and independent living centers to implement that core model by July 1, 2022. In developing those best practices, the bill would require the department to consider specified practices, including, among others, a person-centered counseling process. The bill would require the department to submit a report to the Legislature by July 1, 2021, regarding the core model of best practices.

This bill would require the California Department of Aging to take specified actions with regard to the implementation of a No Wrong Door System, including, among other things, developing a plan for, and overseeing the implementation of, a No Wrong Door System and coordinating funding sources for the No Wrong Door System. The bill would require the State Department of Health Care Services to determine if the Medicaid administrative claiming process may be used to fund a No Wrong Door System, or activities associated with a No Wrong Door System, and, if so, to take necessary action to receive that funding. The bill would require the State Department of Health Care Services to report its findings regarding the availability of the Medicaid administrative claiming process to the Legislature by January 1, 2021.

This bill would also, upon appropriation by the Legislature for this purpose, require the California Department of Aging to administer the California ADRC Infrastructure Grants Program and state the intent of the Legislature to appropriate funds for the program.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 9120 of the Welfare and Institutions Code is amended to read:

9120.

(a) There is hereby established an Aging and Disability Resource Connection (ADRC) program to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level through ADRC programs operated jointly by area agencies on aging and independent living centers.

(b) This article shall be administered and implemented by the California Department of Aging, in collaboration with the Department of Rehabilitation and the State Department of Health Care Services.

(c) Area agencies on aging and independent living centers shall be the core local partners in developing ADRC programs. The California Department of Aging shall assist interested and qualified area agencies on aging and independent living centers in completing an application to be designated as an ADRC program.

(d) An ADRC program operated by an area agency on aging or and an independent living center shall provide all of the following:

(1) Enhanced information and referral services and other assistance at hours that are convenient for the public.

(2) Options counseling concerning available LTSS programs and public and private benefits programs.

(3) Short-term service coordination.

(4) Transition services from hospitals to home and from skilled nursing facilities to the community.

(e) An ADRC program operated by an area agency on aging or and an independent living center shall do both of the following:

(1) Provide services within the geographic area served.

(2) Provide information to the public about the services provided by the program.

(f) (1) The California Department of Aging, in consultation with the Aging and Disability Resource Connection Advisory Committee within the California Department of Aging, shall, by July 1, 2021, develop, and report to the Legislature regarding, a core model of best practices that shall be implemented by July 1, 2022, by all ADRC programs operated by area agencies on aging or and independent living centers. In the development of these best practices, the department and advisory committee shall consider, at a minimum, all of the following practices:

(A) A person-centered counseling process.

(B) Public outreach and coordination with key referral sources, including, but not limited to, caregiver resource centers, the medical centers of the United States Department of Veteran Affairs, acute care systems, local 211 programs, local multipurpose senior service programs, Programs of All-Inclusive Care for the Elderly (PACE), adult day care services, and LTSS providers.

(C) A formal followup procedure to ensure that services for which a person received a referral were received and methods for correcting service provision if needed.

(D) A model for the best ways for area agencies on aging and independent living centers to share necessary data and client information.

(E) A model for the collection and reporting of data to the California Department of Aging, which shall include, but not be limited to, the demographic information for each individual counseled, the number of consumers served by category of service, and the number of caregivers served.

(2) (A) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(B) The requirement for submitting a report imposed under paragraph (2) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.

(g) The operation of the ADRC program is contingent upon the appropriation of funds for that purpose.

SEC. 2.

Section 9121 is added to the Public Resources Code, to read:

9121.

For the purposes of this article, “No Wrong Door System” means a system that enables consumers to access all long-term services and supports (LTSS) through one agency, organization, coordinated network, or portal, and that provides information regarding the availability of LTSS, how to apply for LTSS, referral services for LTSS otherwise available in the community, and either a determination of financial and functional eligibility for LTSS or assistance with assessment processes for financial and functional eligibility for LTSS.

SEC. 3.

Section 9122 is added to the Welfare and Institutions Code, to read:

9122.

(a) It is the intent of the Legislature in enacting this section to establish a No Wrong Door System in California that serves seniors and individuals with disabilities by doing all of the following:

(1) Providing consumers and their caregivers access to information and services, regardless of income or benefit level.

(2) Enabling an Aging and Disability Resource Connection (ADRC) program to directly connect a client to appropriate local programs.

(3) Providing each consumer in California with access to individualized support and community resources to meet their needs and to enable them to continue living in their own homes, if desired.

(b) The Aging and Disability Resource Connection Advisory Committee, which has been established within the California Department of Aging, shall serve as the primary adviser to the California Department of Aging, the Department of Rehabilitation, and the State Department of Health Care Services in the ongoing development and implementation of a No Wrong Door System. The advisory committee may utilize staff of the California Department of Aging, as needed, to accomplish its purposes. The California Department of Aging shall expand the membership of the advisory committee as necessary to include the perspective of all relevant stakeholders.

(1) Develop a plan for, and oversee the phased statewide implementation of, a No Wrong Door System that utilizes the ADRC program to assist older adults and people with disabilities to obtain accurate information and timely referrals to appropriate community services and supports. The plan shall include near- and long-term tactics for statewide implementation.

(2) Serve as a statewide facilitator, coordinator, and policy development resource on the ADRC program and No Wrong Door System.

(3) Identify mainstream resources, benefits, and services that can be accessed for the No Wrong Door System.

(4) Create partnerships among state agencies and departments, local government agencies, the federal Administration for Community Living, the federal Centers for Medicare and Medicaid Services, and the federal Veterans Health Administration.

(5) Coordinate existing funding and applications for competitive funding, while also exploring avenues for future funding, including, but not limited to, Medicaid and federal Veterans Health Administration funding.

(6) Make policy and procedural recommendations to the Legislature and other governmental entities.

(7) (A) Report to the Governor and the Legislature on the No Wrong Door System and the implementation of the system.

(B) Reports to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 4.

Section 9123 is added to the Welfare and Institutions Code, to read:

9123.

(a) (1) The State Department of Health Care Services, in consultation with the California Department of Aging and the Aging and Disability Resource Connection Advisory Committee, shall determine if the Medicaid administrative claiming process may be used to fund a No Wrong Door System, or activities associated with a No Wrong Door System, including, but not limited to, outreach, person-centered counseling, training, program planning, and quality improvement.

(2) (A) The State Department of Health Care Services shall report the determination made pursuant to paragraph (1) to the Legislature by January 1, 2021.

(B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

(b) If the State Department of Health Care Services, California Department of Aging, and the Aging and Disability Resource Connection Advisory Committee identify activities for which the Medicaid administrative claiming process is available, the State Department of Health Care Services and the California Department of Aging shall take necessary action to receive the funding.

SEC. 5.

Section 9124 is added to the Welfare and Institutions Code, to read:

9124.

Upon appropriation by the Legislature for this purpose, the California Department of Aging shall administer the California Aging and Disability Resource Connection (ADRC) Infrastructure Grants Program. It is the intent of the Legislature to appropriate funds for the program in order to implement a No Wrong Door System, with the ADRC program as a central component, and to fund activities associated with a No Wrong Door System, which may include, but are not limited to, activities necessary for assisting interested and qualified area agencies on aging and independent living centers in completing the planning and application process for designation as, and approval to operate as, an ADRC program and aiding designated ADRC programs operated by area agencies on aging and independent living centers in expanding or strengthening the services they provide.