Area Agencies On Aging And Advisory Councils - - CA Welfare And Institutions

Section § 9400

This law recognizes area agencies on aging as key local units in California, supported by various funding sources, to address the needs of older adults. These agencies must comply with the Older Americans Act and are responsible for creating and implementing plans that identify community needs, funding sources, and service delivery methods. Plans should focus on helping older adults stay at home or in community settings, improving access to services through referrals and outreach, and advocating for elders at different governmental levels.

The law emphasizes using the California Elder Economic Security Standard Index for resource allocation, provided the index is kept up-to-date. Agencies need to function as community contacts and collaborate with local systems to enhance service delivery. Each agency must develop a community-based system covering a 10-point description that includes providing a contact point, service options, and effective referrals, while involving community commitment and collaboration from various sectors.

(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 governmental 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)

(1) 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 older adults on local, state, and national levels.

(2) Each plan shall use the California Elder Economic Security Standard Index as a reference when making decisions about allocating existing resources to specify the costs in the private market of meeting the basic needs of elders in each planning and service area. This paragraph shall be implemented only if the California Elder Economic Security Standard Index is updated and made available to the area agencies on aging, and if the available public data used to calculate each California Elder Economic Security Standard Index data element is calculated and updated using county level information specific to each California county and made available to the area agencies on aging in a format that displays each county’s specific data.

(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. This division shall not 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 adults and consumers in the community.

(6) Offer special help or targeted resources for the most vulnerable older adults, those in danger of losing their independence.

(7) Provide effective referral from agency to agency to ensure that information or assistance is received, regardless of 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.

area agencies on aging Older Americans Act community-based services home and community care Elder Economic Security Index local community link independence and dignity service delivery plans advocacy for older adults volunteer staff community collaboration vulnerable older adults aging resource focal point referral systems public and private resources

(Amended by Stats. 2024, Ch. 337, Sec. 19. (SB 1249) Effective January 1, 2025.)

Section § 9401

This law allows agencies that provide services to older adults to share client information with other county agencies if they are all part of a multidisciplinary team working with the same individuals. The goal is to coordinate care for those receiving services from multiple agencies. If there are any issues arising from this information sharing, a local mental health director must be informed by a county patients’ rights advocate.

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.

older adults multidisciplinary team county agencies information sharing client confidentiality service coordination public social services health services mental health services alcohol and drug abuse public guardian patients’ rights advocate negative consequences confidentiality exception local mental health director

(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

Section § 9402

This law declares that each area agency on aging advisory council is a key advocate for older individuals in their community. These councils must follow federal guidelines and regularly meet to offer advice and input on local services for the elderly.

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.

area agency on aging advisory council older individuals principal advocate planning and service area federal requirements local services issues affecting elderly community advocacy consultation service provision local advisory councils meeting requirements federal guidelines elderly services

(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

Section § 9403

This law acknowledges the Area Agency on Aging Advisory Council of California, which includes the chairs of local advisory councils, as outlined in another tax-related law.

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.

Area Agency on Aging Advisory Council local advisory councils aging services elderly community representation California aging programs tax-related recognition Section 18773 reference local chairs California elder advocacy advisory council chairs elderly resource councils

(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

Section § 9404

If a person is getting help through the In-Home Supportive Services Program, this alone cannot be a reason to deny them services from agencies that help older adults or their partners.

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.

In-Home Supportive Services area agencies on aging service denial support services older adults support aging services contractor services individual rights services eligibility aging assistance programs multi-service access elderly care services dual services eligibility home support services aging network services

(Added by Stats. 2004, Ch. 229, Sec. 16. Effective August 16, 2004.)