Section § 9000

Explanation

The Mello-Granlund Older Californians Act outlines California's dedication to supporting older adults, people with disabilities, and family caregivers. It aligns with the goals set by the federal Older Americans Act of 1965 and is implemented by the California Department of Aging.

This division shall be known, and may be cited, as the Mello-Granlund Older Californians Act, that reflects the policy mandates and directives of the Older Americans Act of 1965, as amended, and sets forth the state’s commitment to older adults, people with disabilities, and family caregivers served by the programs administered by the California Department of Aging.

Section § 9001

Explanation

This section highlights the importance of older adults in California, recognizing them as a valuable resource whose potential has been underutilized. It emphasizes that as the number of older adults grows, services must be better coordinated across various agencies to improve efficiency and service quality. The state aims to help older adults maintain self-sufficiency and dignity and plans to address the growing and diverse aging population by integrating different types of support and understanding cultural values. It also stresses the need to remove disparities in accessing services. The Legislature intends to reform how services for older adults are structured and delivered, focusing on governance, program effectiveness, and public awareness.

The Legislature hereby finds and recognizes all of the following:
(a)CA Welfare and Institutions Code § 9001(a) Older adults constitute a fundamental resource of the state that previously has been undervalued and poorly utilized, and ways must be found to enable older adults to apply their competence, wisdom, and experience for the benefit of all Californians.
(b)CA Welfare and Institutions Code § 9001(b) There is a continuing increase in the number of older adults in proportion to the total population.
(c)CA Welfare and Institutions Code § 9001(c) Services to older adults are administered by many different agencies and departments at both the state and local level.
(d)CA Welfare and Institutions Code § 9001(d) Enhanced coordination reduces duplication, eliminates inefficiencies, and enhances service delivery for the consumer.
(e)CA Welfare and Institutions Code § 9001(e) The ability of the constantly increasing number of older adults in the state to maintain self-sufficiency and personal well-being with the dignity to which their years of labor entitle them and to realize their maximum potential as creative and productive individuals are matters of profound importance and concern for all of the people of this state.
(f)CA Welfare and Institutions Code § 9001(f) In June 2019, Governor Gavin Newsom issued Executive Order No. N-14-19, calling for the creation of a Master Plan for Aging (MPA), which seeks to prepare local communities for the year 2030 when 10.8 million Californians—one in four residents—will be 60 years of age or older. The executive order affirms the priority of the health and well-being of older Californians and the need for policies that promote aging with dignity and independence.
(g)CA Welfare and Institutions Code § 9001(g) The state’s major demographic shift towards an older, more diverse population requires statewide systems and local structures that do all of the following:
(1)CA Welfare and Institutions Code § 9001(g)(1) Offer, coordinate, and integrate increasingly complex social, medical, cognitive, and behavioral health supports.
(2)CA Welfare and Institutions Code § 9001(g)(2) Respond to the needs of a growing number of older adults, people with disabilities, and family caregivers.
(3)CA Welfare and Institutions Code § 9001(g)(3) Affirm the important values of race, ethnicity, language, culture, sexual orientation, and gender identity.
(h)CA Welfare and Institutions Code § 9001(h) In preparing for the aging of California’s population, the state seeks to eliminate disparities and improve access to services and supports to meet the needs of older adults, people with disabilities, and caregivers.
(i)CA Welfare and Institutions Code § 9001(i) It is the intent of the Legislature to reform provisions of the Mello-Granlund Older Californians Act related to area agencies on aging with respect to all of the following:
(1)CA Welfare and Institutions Code § 9001(i)(1) Geography and demographics.
(2)CA Welfare and Institutions Code § 9001(i)(2) Governance, including area agency on aging designations and planning service area boundaries.
(3)CA Welfare and Institutions Code § 9001(i)(3) Programs and services.
(4)CA Welfare and Institutions Code § 9001(i)(4) Performance measures.
(5)CA Welfare and Institutions Code § 9001(i)(5) Funding sources and capacities.
(6)CA Welfare and Institutions Code § 9001(i)(6) Public awareness.

Section § 9002

Explanation

This section outlines California's approach to supporting older adults. The state wants to initiate programs with volunteers, government partnerships, and coordination with state and federal agencies. They emphasize involving older adults in these processes and prioritizing their unique needs.

The California Department of Aging is tasked with ensuring access to information and services that let older adults live independently and safely. The department should also advocate for preventive health care, suitable housing, and employment opportunities for seniors.

By 2026, the department must outline core services and funding updates, develop performance metrics, and promote public awareness for older adult programs, focusing on underserved groups. Regulations will guide how area agencies on aging are designated and funded.

Any changes should comply with federal laws, aiming to minimize service disruption for seniors and caregivers.

The Legislature finds and declares all of the following:
(a)CA Welfare and Institutions Code § 9002(a) Programs shall be initiated, promoted, and developed through all of the following:
(1)CA Welfare and Institutions Code § 9002(a)(1) Volunteers and volunteer groups.
(2)CA Welfare and Institutions Code § 9002(a)(2) Partnership with local governmental agencies.
(3)CA Welfare and Institutions Code § 9002(a)(3) Coordinated efforts of state agencies.
(4)CA Welfare and Institutions Code § 9002(a)(4) Coordination and cooperation with federal programs.
(5)CA Welfare and Institutions Code § 9002(a)(5) Partnership with private health and social service agencies, community benefit organizations, and health plans.
(6)CA Welfare and Institutions Code § 9002(a)(6) Participation by older adults in the planning and operation of all programs and services that may affect them.
(b)CA Welfare and Institutions Code § 9002(b) It shall be the policy of this state to give attention to the unique concerns of older adults with the greatest social and economic needs.
(c)CA Welfare and Institutions Code § 9002(c)  In recognition of the many governmental programs serving older adults, and as specified in paragraph (2) of subdivision (c) of Section 9102, the California Department of Aging should coordinate, as existing resources permit, with other state departments in doing all of the following:
(1)CA Welfare and Institutions Code § 9002(c)(1) Promote clear and simplified access to information assistance and services arrangements.
(2)CA Welfare and Institutions Code § 9002(c)(2) Ensure that older adults retain the right of free choice in planning and managing their lives.
(3)CA Welfare and Institutions Code § 9002(c)(3) Ensure that health and social services are available to do all of the following:
(A)CA Welfare and Institutions Code § 9002(c)(3)(A) Allow older adults to live independently at home or with others.
(B)CA Welfare and Institutions Code § 9002(c)(3)(B) Provide for advocacy for expansion of existing programs that prevent or minimize illness or social isolation, and allow individuals to maximize their dignity and choice of living.
(C)CA Welfare and Institutions Code § 9002(c)(3)(C) Provide for protection of older adults from physical and mental abuse, neglect, and fraudulent practices.
(4)CA Welfare and Institutions Code § 9002(c)(4) Foster both preventive and primary health care, including mental and physical health care, to keep older adults active and contributing members of society.
(5)CA Welfare and Institutions Code § 9002(c)(5) Encourage public and private development of suitable housing.
(6)CA Welfare and Institutions Code § 9002(c)(6) Develop and seek support for plans to ensure access to information, counseling, and screening.
(7)CA Welfare and Institutions Code § 9002(c)(7) Encourage public and private development of suitable housing and recreational opportunities to meet the needs of older adults.
(8)CA Welfare and Institutions Code § 9002(c)(8) Encourage development of efficient community services including access to low-cost transportation services, that provide a choice in supported living arrangements and social assistance in a coordinated manner and that are readily available when needed.
(9)CA Welfare and Institutions Code § 9002(c)(9) Encourage and develop meaningful employment opportunities for older adults.
(10)CA Welfare and Institutions Code § 9002(c)(10) Encourage the development of barrier-free construction and the removal of architectural barriers, so that more facilities are accessible to older adults.
(11)CA Welfare and Institutions Code § 9002(c)(11) Promote development of programs to educate persons who work with older adults.
(12)CA Welfare and Institutions Code § 9002(c)(12) Encourage and support intergenerational programming and participation by community organizations and institutions to promote better understanding among the generations.
(d)CA Welfare and Institutions Code § 9002(d) The California Department of Aging shall ensure that, to the extent possible, the services provided for in accordance with this division shall be coordinated and integrated with services provided to older adults by other entities of the state. That integration may include, but not be limited to, the reconfiguration of state departments into a coordinated unit that can provide for multiple services to the same consumers. Services provided under this division shall be managed, directly or through contract, by local area agencies on aging or other local systems.
(e)CA Welfare and Institutions Code § 9002(e) On or before September 30, 2026, and in consultation with area agencies on aging and stakeholders, the department shall do all of the following:
(1)CA Welfare and Institutions Code § 9002(e)(1) Identify the core programs and services to be provided to older adults and family caregivers, as directed by the Older Americans Act by all area agencies on aging or their contracted service providers.
(2)CA Welfare and Institutions Code § 9002(e)(2) Submit to the Legislature and the federal Administration for Community Living an update to the intrastate funding formula, based on any revised area agency on aging designations and any modifications to planning service area map boundaries, and other factors and weights that may be adopted or required under state and federal statute and regulations.
(3)CA Welfare and Institutions Code § 9002(e)(3) Develop objectives, key results, and a performance measurement methodology for core programs and services identified in paragraph (1) for adoption by the area agencies on aging.
(4)CA Welfare and Institutions Code § 9002(e)(4) Develop a statewide consumer engagement plan. The statewide consumer engagement plan shall seek to raise public awareness of older adult and family caregiver programs and services, identify access points for information and assistance, provide consistent messaging to all audiences, and improve outreach to underrepresented communities and underserved populations, including rural Californians, Asian-Pacific Islander, Black, Latino, Native American and LGBTQ+ older adults, people with disabilities, and family caregivers.
(f)Copy CA Welfare and Institutions Code § 9002(f)
(1)Copy CA Welfare and Institutions Code § 9002(f)(1) In consultation with area agencies on aging and stakeholders, the department shall develop and submit regulations to the Office of Administrative Law that address, at a minimum, all of the following:
(A)CA Welfare and Institutions Code § 9002(f)(1)(A) The application process to determine an area agency on aging designation.
(B)CA Welfare and Institutions Code § 9002(f)(1)(B) The criteria used for an area agency on aging designation.
(C)CA Welfare and Institutions Code § 9002(f)(1)(C) The criteria used to remove an area agency on aging designation.
(D)CA Welfare and Institutions Code § 9002(f)(1)(D) Substantive updates to the intrastate funding formula.
(2)CA Welfare and Institutions Code § 9002(f)(2) At the conclusion of the rulemaking process identified in paragraph (1), the department may consider letters of intent from counties interested in being considered for designation as the area agency on aging that serves its local jurisdiction.
(3)CA Welfare and Institutions Code § 9002(f)(3) The department shall submit a plan including the updated area agency on aging designations and any corresponding changes to the statewide planning and service area map to the Legislature at least 90 days before final adoption.
(g)Copy CA Welfare and Institutions Code § 9002(g)
(1)Copy CA Welfare and Institutions Code § 9002(g)(1) A change made pursuant to this section shall be made in accordance with applicable federal statutes and regulations.
(2)CA Welfare and Institutions Code § 9002(g)(2) The department shall take reasonable steps to ensure minimal disruption in the provision of older adult and family caregiver services in affected counties.

Section § 9002.5

Explanation

This section specifies that the deliverables mentioned in Section 9002 should be developed using data from reliable sources. These sources include various well-known databases and data collection projects, such as the United States Census, the Department of Finance, the Master Plan for Aging Data Dashboard, the Elder Index, and the Healthy Places Index.

The deliverables identified in Section 9002 shall be informed by data from validated sources, which may include, but shall not be limited to, the following:
(a)CA Welfare and Institutions Code § 9002.5(a) The United States Census.
(b)CA Welfare and Institutions Code § 9002.5(b) The Department of Finance.
(c)CA Welfare and Institutions Code § 9002.5(c) The Master Plan for Aging Data Dashboard.
(d)CA Welfare and Institutions Code § 9002.5(d) The Elder Index.
(e)CA Welfare and Institutions Code § 9002.5(e) The Healthy Places Index.

Section § 9003

Explanation

This section of the law says that if any part of the code about aging makes California's plan not match federal rules, then those parts won't apply. It's like hitting the pause button so California stays in line with federal laws.

Additionally, when making changes to this division, the state should ensure these changes support the development and running of long-term care integration pilot projects, which should follow certain guidelines. The Department must also cooperate with the State Department of Health Services to figure out the best local agencies to manage these projects.

(a)CA Welfare and Institutions Code § 9003(a) If any section of this code relating to aging cannot be given effect without causing this state’s plan to be out of conformity with federal requirements, the section shall become inoperative to the extent that it is not in conformity with federal requirements.
(b)CA Welfare and Institutions Code § 9003(b) The planning, development, and implementation of changes in this division shall encourage and allow concurrent implementation and operation of a long-term care integration pilot project consistent with the intent of Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9. In implementing changes to this division, the department shall work with the State Department of Health Services to ensure local determination and local designation of the most appropriate long-term care services agency for each Long-Term Care Integration Pilot Project site.

Section § 9004

Explanation
This section states that the definitions provided in this chapter are to be used throughout this division, unless the situation clearly suggests a different context is needed.
Unless the context otherwise indicates, the definitions of the terms set forth in this chapter apply for purposes of this division.

Section § 9004.5

Explanation

Adult day health care is a structured daytime program offering therapeutic, social, and health services for elderly people with physical or mental impairments. The goal is to help these individuals maintain or regain their ability to care for themselves. On a short-term basis, it helps transition them from hospitals or home health care to living independently. On a long-term basis, it provides an alternative to living in a nursing home when 24-hour care isn't necessary or preferred.

“Adult day health care” means an organized day program of therapeutic, social, and health activities and services provided pursuant to this division to elderly persons with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimum capacity for self-care. When provided on a short-term basis, adult day health care serves as a transition from a health facility or home health program to personal independence. When provided on a long-term basis, adult day health care services as an option to institutionalization in long-term care facilities, when 24-hour skilled nursing care is not medically necessary or viewed as desirable by the recipient or his or her family.

Section § 9005

Explanation

An 'advisory council' refers to a group made up of both regular people and service providers. This group represents the interests of older individuals in a particular area. It is officially recognized by the area agency on aging, a commission, and a department.

“Advisory council” means a specific representative body of laypersons and service providers that represent the interests of older individuals within the boundaries of a planning and service area and that is officially recognized by the area agency on aging, the commission, and the department.

Section § 9006

Explanation

An 'area agency on aging' is either a private nonprofit or a public agency chosen by the department to serve older Californians in specific regions. These agencies focus on planning, coordinating, and developing programs. They also contract to deliver various social and nutritional services.

“Area agency on aging” means a private nonprofit or public agency designated by the department that works for the interests of older Californians within a planning and service area, and engages in community planning, coordination, and program development and, through contractual arrangements, provides a broad array of social and nutritional services.

Section § 9007

Explanation
This section defines 'care or case management services' as a set of activities aimed at assessing and addressing a client's needs. It involves creating a service plan with the client, arranging and authorizing necessary services, monitoring the effectiveness and timeliness of these services, and maintaining regular contact with the client, including reassessments if needed.
“Care or case management services” means:
(a)CA Welfare and Institutions Code § 9007(a) Client assessment, in conjunction with the development of a service plan with the participant and appropriate others, to provide for needs identified by the assessment.
(b)CA Welfare and Institutions Code § 9007(b) Authorization and arrangement for the purchase of services, or referral, with follow-up, to volunteer, informal, or third-party payer services.
(c)CA Welfare and Institutions Code § 9007(c) Service and participant monitoring to determine that services obtained were appropriate to need, adequate to meet the need, of acceptable quality, and provided in a timely manner.
(d)CA Welfare and Institutions Code § 9007(d) Followup with clients, including periodic contact and initiation of an interim assessment, if deemed necessary prior to scheduled reassessment.

Section § 9008

Explanation

This section defines the term "Commission" as referring specifically to the California Commission on Aging.

“Commission” means the California Commission on Aging.

Section § 9009

Explanation

This law defines the "Elder Economic Security Standard Index" as a tool available online that measures the costs for elders to meet their basic needs, including items like food, healthcare, and housing.

The University of California, Los Angeles Center for Health Policy Research updates this index every two years using publicly available data about living costs in each county across the state.

(a)CA Welfare and Institutions Code § 9009(a) “Elder Economic Security Standard Index” means an index, available on the Internet, that quantifies the costs in the private market for meeting the basic needs of elders, including, but not limited to, the costs of essential household items, food, health care, shelter, transportation, and utilities.
(b)CA Welfare and Institutions Code § 9009(b) The Elder Economic Security Standard Index is updated biennially by the University of California, Los Angeles Center for Health Policy Research, using publicly available data sources on the costs to live in each county of the state.

Section § 9010

Explanation

The term “comprehensive and coordinated system” refers to a planned network of connected social and nutrition services aimed at supporting older adults in a specific geographic area.

“Comprehensive and coordinated system” means a program of interrelated social and nutrition services designed to meet the needs of older individuals in a planning and service area.

Section § 9011

Explanation
In this legal context, when you see the term 'Department,' it specifically refers to the California Department of Aging.
“Department” means the California Department of Aging.

Section § 9012

Explanation

The term "Director" refers specifically to the person in charge of the California Department of Aging.

“Director” means the Director of the California Department of Aging.

Section § 9013

Explanation

"Frail elderly" refers to someone who has long-term physical or mental issues that make it hard for them to do daily tasks and could stop them from living on their own.

“Frail elderly” means a person having those chronic physical or mental limitations that restrict individual ability to carry out normal activities of daily living and that threaten an individual’s capacity to live an independent life.

Section § 9014

Explanation

This section defines 'greatest economic need' as the financial need that arises when a person's income is at or below the poverty level set by the Census Bureau.

“Greatest economic need” means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census.

Section § 9015

Explanation

The term “greatest social need” refers to challenges stemming from noneconomic reasons that limit a person's ability to handle daily activities or live independently. These can include disabilities, language issues, and isolation due to race, ethnicity, sexual orientation, HIV status, or gender identity or expression.

“Greatest social need” means the need caused by noneconomic factors that restrict an individual’s ability to perform normal daily tasks or that threaten an individual’s capacity to live independently. These factors include physical or mental disability, language barriers, and cultural or social isolation caused by, among other things, racial and ethnic status, sexual orientation, human immunodeficiency virus (HIV) status, gender identity, or gender expression.

Section § 9016

Explanation

This section defines 'long-term care' as a set of services aimed at supporting people who cannot fully take care of themselves. It includes a range of services like medical care, rehabilitation, and personal support, all designed to help individuals maintain their health and well-being in a setting as close to normal life as possible. The focus is on finding alternatives to placing people in institutions and considering both formal and informal care systems. Long-term care can be provided in various environments like nursing homes, residential care, or through services delivered at home.

“Long-term care” means a coordinated continuum of preventive, diagnostic, therapeutic, rehabilitative, supportive, and maintenance services that address the health, social, and personal needs of individuals who have restricted self-care capabilities. Services shall be designed to recognize the positive capabilities of the individual and maximize the potential for the optimum level of physical, social, and mental well-being in the least restrictive environment. Emphasis shall be placed on seeking services alternatives to institutionalization. Services may be provided by formal or informal support systems, and may be continuous or intermittent. “Long-term care” may include licensed nursing facility, adult residential care, residential facility for the elderly, private duty nursing, or home- and community-based services.

Section § 9017

Explanation

The term "Older Americans Act" refers to a law starting at Section 3001 of Title 42 in the United States Code, which provides various services and benefits to older adults in the U.S.

“Older Americans Act” means Chapter 35 (commencing with Section 3001) of Title 42 of the United States Code.

Section § 9018

Explanation

This section defines an "older individual" or "elderly" as anyone who is 60 years old or older. However, this definition might change if federal law requires a different age or criteria.

“Older individual” or “elderly” means a person 60 years of age or older, except where this provision is inconsistent with federal requirements.

Section § 9019

Explanation

This section defines what 'personal and community support networks' are for elderly individuals in California. Essentially, these are the people and groups that seniors commonly rely on for help, like their families, friends, neighbors, religious groups, and local community organizations.

“Personal and community support networks” means families, friends, neighbors, church groups and community organizations to which the elderly turn naturally to for assistance.

Section § 9020

Explanation

The term 'Planning and service area' refers to a region defined by the department according to guidelines set by the Older Americans Act of 1965 and its amendments.

“Planning and service area” means an area specified by the department as directed by the Older Americans Act of 1965, as amended.

Section § 9021

Explanation
Preventive services are designed to help older people remain independent while supporting their health and well-being.
“Preventive services” means services that avoid dependency and assist older persons in maintaining their good health, well-being, and growth.

Section § 9022

Explanation

Supportive services are designed to help people stay in their own homes and avoid moving to care facilities like nursing homes.

“Supportive services” means services that maintain individuals in home environments and avoid institutional care.

Section § 9023

Explanation

This law describes a system of services for older adults and adults with functional impairments that offers various local programs aimed at supporting self-care and allowing them to live independently at home or in a home-like setting.

“Systems of home and community based services” means an integrated continuum of service options available locally to older individuals and functionally impaired adults, through programs administered by the department who seek to maximize self-care and independent living in the home or homelike environment.