SECTIONS 9540-9547

9540.  It is the intent of the Legislature to ensure that olderindividuals and functionally impaired adults receive needed servicesthat will enable them to maintain the maximum independence permittedby their functional ability and remain in their own home orcommunities for as long as possible. Except where otherwise provided,community-based services programs under the Community-Based ServicesNetwork shall meet all of the minimum requirements specified in thischapter.9541.  (a) The Legislature finds and declares that the purpose ofthe Health Insurance Counseling and Advocacy Program is to provideMedicare beneficiaries and those imminent of becoming eligible forMedicare with counseling and advocacy as to Medicare, private healthinsurance, and related health care coverage plans, on a statewidebasis, 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 materialsrelating to Medicare, managed care, health and long-term care relatedlife and disability insurance, and related health care coverageplans. (2) To develop additional information and materials relating toMedicare, managed care, and health and long-term care related lifeand disability insurance, and related health care coverage plans, asnecessary. (c) Notwithstanding the terms and conditions of the contracts,direct services contractors shall be responsible for, but not limitedto, all of the following: (1) Community education to the public on Medicare, long-term careplanning, 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 legalrepresentation with respect to Medicare appeals, Medicare relatedmanaged care appeals, and life and disability insurance problems.Legal services provided under this program shall be subject to theunderstanding that the legal representation and legal advocacy shallnot include the filing of lawsuits against private insurers ormanaged health care plans. In the event that legal services arecontracted for by the agency separately from counseling and educationservices, a formal system of coordination and referral fromcounseling services to legal services shall be established andmaintained. (4) Educational services supporting long-term care educationalactivities aimed at the general public, employers, employee groups,senior organizations, and other groups expressing interest inlong-term care planning issues. (5) Educational services emphasizing the importance of long-termcare planning, promotion of self-reliance and independence, andoptions for long-term care. (6) To the extent possible, support additional emphasis oncommunity educational activities that would provide for announcementson television and in other media describing the limited nature ofMedicare, the need for long-term care planning, the function oflong-term care insurance, and the availability of counseling andeducational literature on those subjects. (7) Recruitment, training, coordination, and registration, withthe department, of health insurance counselors, including a largecontingent of volunteer counselors designed to expand services asbroadly as possible. (8) A systematic means of capturing and reporting all requiredcommunity-based services program data, as specified by thedepartment. (d) Participants who volunteer their time for the health insurancecounseling and advocacy program may be reimbursed for expensesincurred, as specified by the department. (e) The department, the Department of Managed Health Care, and theDepartment of Insurance shall jointly develop interagency proceduresfor referring and investigating suspected instances ofmisrepresentation in advertising or sales of services provided byMedicare, managed health care plans, and life and disability insurersand agents. (f) (1) No health insurance counselor shall provide counselingservices under this chapter, unless he or she is registered with thedepartment. (2) No registered volunteer health insurance counselor shall beliable for his or her negligent act or omission in providingcounseling services under this chapter. No immunity shall apply tohealth insurance counselors for any grossly negligent act or omissionor intentional misconduct. (3) No registered volunteer health insurance counselor shall beliable to any insurance agent, broker, employee thereof, or similarlysituated person, for defamation, trade libel, slander, or similaractions based on statements made by the counselor when providingcounseling, unless a statement was made with actual malice. (4) Prior to providing any counseling services, health insurancecounselors shall disclose, in writing, to recipients of counselingservices pursuant to this chapter that the counselors are acting ingood faith to provide information about health insurance policies andbenefits on a volunteer basis, but that the information shall not beconstrued to be legal advice, and that the counselors are,generally, not liable unless their acts and omissions are grosslynegligent or there is intentional misconduct on the part of thecounselor. (5) The department shall not register any applicant under thissection unless he or she has completed satisfactorily training whichis approved by the department, and which shall consist of not lessthan 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 tobe necessary to the provision of counseling services under thischapter. (6) The department shall not register any applicant under thissection unless he or she has completed all training requirements andhas served an internship of cocounseling of not less than 10 hourswith an experienced counselor and is determined by the local programmanager to be capable of discharging the responsibilities of acounselor. An applicant shall sign a conflict of interest andconfidentiality agreement, as specified by the department. (7) A counselor shall not continue to provide health insurancecounseling services unless he or she has received continuingeducation and training, in a manner prescribed by the department, onMedicare, managed care, life and disability insurance, and othersubjects during each calendar year.9542.  (a) The Legislature finds and declares that the purpose ofthe Alzheimer's Day Care-Resource Center Program is to provide accessto specialized day care resource centers for individuals withAlzheimer's disease and other dementia-related disorders and supportto their families and caregivers. (b) The following definitions shall govern the construction ofthis section: (1) "Participant" means an individual with Alzheimer's disease ora disease of a related type, particularly the participant in themoderate to severe stages, whose care needs and behavioral problemsmay make it difficult for the individual to participate in existingcare programs. (2) "Other dementia-related disorders" means those irreversiblebrain disorders that result in the symptoms described in paragraph(3). This shall include, but is not limited to, multi-infarctdementia and Parkinson's disease. (3) "Care needs" or "behavioral problems" means the manifestationsof symptoms that may include, but need not be limited to, memoryloss, aphasia (communication disorder), becoming lost or disoriented,confusion and agitation, with the potential for combativeness, andincontinence. (4) "Alzheimer's day care resource center" means a centerdeveloped pursuant to this section to provide a program ofspecialized day care for participants with dementia. (c) The department shall adopt policies and guidelines to carryout the purposes of this section, and the adoption thereof shall notbe subject to Chapter 3.5 (commencing with Section 11340) of Part 1of Division 3 of Title 2 of the Government Code. (d) In order to be eligible to receive funds under this section, adirect services contract applicant shall do all of the following: (1) Provide a program and services to meet the special care needsof, 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 safeguardsnecessary to protect the participants' safety. (4) Provide a program for assisting individuals who cannot affordthe entire cost of the program. This may include, but need not belimited to, utilizing additional funding sources to providesupplemental aid and allowing family members to participate asvolunteers at the applicant's facility. (5) Utilize volunteers and volunteer aides and provide adequatetraining for those volunteers. (6) Provide a match of not less than 25 percent of the directservices contract amount consisting of cash or in-kind contributions,identify other potential sources of funding for the applicant'sfacility, and outline plans to seek additional funding to remainsolvent. (7) Maintain family and caregiver support groups. (8) Encourage family members and caregivers to providetransportation to and from the applicant's facility for participants. (9) Concentrate on participants in the moderate to severe rangesof disability. (10) Provide or arrange for a noon meal to participants. (11) Serve as model centers available to other service providersfor onsite training in the care of these patients. (12) Maintain a systematic means of capturing and reporting allrequired community-based services program data. (e) To the extent possible within their resources, direct servicescontract applicants are encouraged to: (1) Establish contact with local educational programs, such asnursing and gerontology programs, to provide onsite training tostudents. (2) Provide services to assist family members, includingcounseling and referrals to other resources. (3) Involve the center in community outreach activities andprovide educational and informational materials to the community. (f) A direct services contractor shall be licensed as an adult dayprogram, as defined in paragraph (2) of subdivision (a) of Section1502 of the Health and Safety Code, or as an adult day health carecenter, as defined in subdivision (b) of Section 1570.7 of the Healthand Safety Code, and shall be subject to the requirements of thisdivision, including this chapter, for purposes of operating anAlzheimer's day care resource center. If the direct servicescontractor surrenders its adult day program or adult day health carecenter license, or if the license has been terminated as a result ofnoncompliance with applicable licensure or certification standards,these actions shall also serve to terminate the direct servicescontractor's Alzheimer's day care resource center contract. (g) An Alzheimer's day care resource center that was not licensedas an adult day program or adult day health care center prior toJanuary 1, 2005, shall be required to be so licensed by January 1,2008. A direct services program that qualifies to operate as anAlzheimer's day care resource center after January 1, 2005, shall berequired to be licensed as an adult day program or adult day healthcare center. (h) Nothing in this chapter shall be construed to prevent existingadult day care services, including adult day health care centers,from developing a specialized program under this chapter. Theapplicants shall meet all of the requirements for direct servicescontractors in this chapter and satisfactorily demonstrate that thedirect services contract funding award shall be used to develop adistinct specialized program for this target population.9543.  (a) The Legislature finds and declares that the purpose ofthe Brown Bag Program is to provide opportunities for sponsors andvolunteers to glean through excess food stuffs that are donated, anddistribute bags of food to help meet the nutritional needs oflow-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 higherthan that of the annual basic benefit level provided under the StateSupplementary Program for a blind applicant or recipient pursuant tosubdivision (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 ofage or older with an income that does not exceed 125 percent of themaximum income level for a low-income older individual, as specifiedin subdivision (b). The provision of services under this subdivisionshall be contingent upon the availability of surplus food products,as determined by the local delivery site, and services shall berendered within the limits of available funds. Services shall beprovided to otherwise eligible low-income older individuals withincomes over the annual basic benefit level specified in subdivision(b) only after the local agency operating the program determines thatthe needs of low-income older individuals who meet all therequirements of subdivision (b) have been met. (d) In order to be eligible to receive funds under this chapter, adirect services contract applicant shall meet, but need not belimited to, all of the following conditions: (1) Provide a cash match of 25 percent and an in-kind match of 25percent prior to receiving funds under Chapter 7 (commencing withSection 9530) and this chapter. (2) Use matching sources that are derived from, but are notlimited to, city, county, and federal funds, contributions, andprivate or business donations. Priority shall be given to those localprograms with a larger local match. State money shall be used as acatalyst for charitable contributions, including in-kind and localcommunity support. (3) Operate under a board of directors, with at least onelow-income older individual as a representative, and other interestedpersons from the community. (4) Provide adequate space to store food with necessary access torefrigerator and freezer storage. (5) Utilize volunteers to distribute produce and unsold foodstuffsto low-income older individuals. (6) Maintain a systematic means of capturing and reporting allrequired community-based services program data. (e) Food distributed to seniors shall comply with county healthregulations. Except for any injury resulting from gross negligence orwillful act, no county or county agency established pursuant to thischapter and no person who donates any agricultural product shall beliable for any injury, including, but not limited to, injuryresulting from the ingesting of the product, as a result of any act,or the omission of any act, in connection with donating any productpursuant to this chapter.9544.  (a) The Legislature finds and declares that the purpose ofthe Foster Grandparent Program shall be to provide personallymeaningful volunteer community service opportunities to low-incomeolder individuals through mentoring children with exceptionalphysical, developmental, or behavioral needs, in accordance with thefederal 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 aninsufficient income, as determined in accordance with Part 1208 ofTitle 45 of the Code of Federal Regulations, and provides at leastfour hours a day, five days a week of foster grandparent servicesunder this chapter. (c) Direct service contractors shall meet all of the followingrequirements: (1) Be a city, county, city and county, or department of thestate, or any suitable private, nonprofit organization, thatdemonstrates the ability to provide the specified services in avariety of settings, including, but not limited to, hospitalpediatric wards, facilities for the physically, emotionally, ormentally impaired, correctional facilities, schools, day carecenters, 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 thefoster grandparent volunteers funded through the Corporation forNational Service. (4) Provide or arrange for meals, transportation, and supervisionfor volunteers. (5) Provide benefits and meaningful volunteer serviceopportunities to low-income individuals 60 years of age and older. (6) Serve children under 21 years of age who have special needs orwho 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 ordevelopmentally disabled children placed in institutions for thedevelopmentally disabled. (C) Physically impaired children, mentally disabled children,emotionally disturbed children, developmentally disabled children, orchildren who are socially and culturally deprived in school settingsor child care centers, dependent children, neglected children,mentally disabled children, emotionally disturbed or physicallyimpaired children, battered or abused children in residentialsettings. (D) Delinquent children or adolescents in correctionalinstitutions. (E) A child under 19 years of age, when the child has been chargedwith committing, or adjudged to have committed, an offense which isthe equivalent to, a misdemeanor. (8) Maintaining a systematic means of capturing and reporting allrequired community-based services program data. (d) In addition to the opportunity to help children who haveexceptional physical, developmental, or behavioral needs and aredeprived of normal relationships with adults, foster grandparentvolunteers shall receive all of the following: (1) Expenses for transportation to and from their homes and theplace where they render their services or may have transportation inbuses or in other transportation made available to them. (2) One free meal during each day in which the foster grandparentrenders services. (3) Accident insurance, an annual physical examination, and anontaxable hourly stipend. (e) This section shall be implemented only to the extent thatfunds are appropriated for its purposes in the annual Budget Act orin another statute.9545.  (a) The Legislature finds and declares that the purpose ofthe Linkages Program shall be to provide care and case managementservices to frail elderly and functionally impaired adults, withpriority for enrollment given to low-income individuals, to helpprevent or delay placement in nursing facilities. For purposes ofthis section, "care or case management" means all of the following: (1) As appropriate, ongoing care or case management to frailelderly and functionally impaired adults to help prevent or delayplacement in nursing facilities. (2) Client assessment, in conjunction with the development of aservice plan with the participant and other appropriate persons, toprovide for needs identified by the assessment. (3) Authorization and arrangement for the purchase of services, orreferral, with followup, to volunteer, informal, or third-partypayer services. Contractors shall maximize to the fullest extentpossible the use of existing services resources before using programfunds to purchase services for clients. Any benefits received as aresult of these purchases either shall not be considered income forpurposes of programs provided for under Division 9 (commencing withSection 10000) or shall not be considered an alternative resourcepursuant to Section 12301. (4) Service and participant monitoring to determine that theservices obtained are appropriate to need, of acceptable quality, andprovided in a timely manner. (5) Followup with clients, including periodic contact andinitiation of an interim assessment, if deemed necessary, prior toscheduled reassessment. (6) Assistance to older individuals entering or returning homefrom nursing facilities and who need help to make the transition. (7) Comprehensive and timely information, when necessary, toindividuals and their families about the availability of communityresources, to assist functionally impaired adults and the frailelderly to maintain the maximum independence permitted by theirfunctional ability. (8) Short-term specialized assistance, including timelyone-time-only assistance in securing community resources, counseling,and the arrangement of an action plan, when there is a temporaryprobable threat to the ability of the frail elderly person orfunctionally impaired adult to remain in the most independent livingarrangement permitted by his or her functional ability. (b) Contractors of the Linkages Program shall have experience incommunity long-term care services and capability to serve the frailelderly and functionally impaired adults, and where applicable,ensure separateness of the programs and demonstrate protectivemeasures to avoid conflict of interest. (c) Contractors of the Linkages Program shall have a systematicmeans of capturing and reporting all required community-basedservices program data. (d) (1) Each county shall deposit funds collected pursuant toSection 1465.5 of the Penal Code in its general fund, to be availablefor use only for the support of services provided under this chapterin that county, including county administrative costs not exceeding10 percent of the funds collected, except as otherwise provided inthis subdivision. A county may join with other counties to establishand fund a program of services under this chapter. (2) Funds utilized pursuant to this section shall not supplant, beoffset against, or in any way reduce funds otherwise appropriatedfor the support of services provided under this chapter. (e) (1) Notwithstanding Chapter 3.5 (commencing with Section11340) of Part 1 of Division 3 of Title 2 of the Government Code, onor before September 1, 2009, the department shall issue a revisedprogram manual, program memorandum, or similar instructions tocontractors regarding the prioritization of low-income individuals. (2) Effective November 1, 2009, contractors shall give priorityfor enrollment to low-income individuals.9546.  (a) The purpose of the Respite Program shall be to providetemporary or periodic services for frail elderly or functionallyimpaired adults to relieve persons who are providing care, orrecruitment and screening of providers and matching respite providersto clients. (b) Direct services contractors shall do either one or more of thefollowing: (1) In acting as a respite care information and referral agency,recruiting and screening respite providers and matching respiteproviders to clients. Respite care registries shall consist of thenames, addresses, and telephone numbers of providers, including, butnot limited to, individual caregivers, volunteers, adult day careservices, including adult day health care services and servicesprovided by licensed residential care facilities for the elderly. (2) Arranging for and purchasing respite services for programparticipants. (3) Maintaining a systematic means of capturing and reporting allrequired community-based services program data. (c) This section shall be implemented only to the extent thatfunds are appropriated for its purposes in the annual Budget Act orin another statute.9547.  (a) The purpose of the Senior Companion Program shall be toprovide personally meaningful volunteer community serviceopportunities to low-income older individuals for the benefit ofadults who need assistance in their daily living. It is the purposeof this chapter to enable older individuals to provide care andsupport on a person-to-person basis to adults with special needs,such as the frail elderly, physically impaired adults and thoseadults who are mentally or neurologically impaired, in accordancewith 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 aninsufficient income, as determined in accordance with Part 1208 ofTitle 45 of the Code of Federal Regulations, and provides at leastfour hours a day, five days a week, of senior companion servicesunder this chapter. (c) Requirements of direct service contractors: (1) Be a city, county, city and county, or department of thestate, or any suitable private, nonprofit organization, thatdemonstrates the ability to provide the specified services in avariety of settings, including, but not limited to, in residential,nonresidential, institutional and in-home settings. (2) Demonstrate the ability to recruit, select, train, and assignstaff and volunteers. (3) Provide volunteer participants with the same benefits,transportation, stipends, and income exemptions as provided to thesenior companion volunteers funded through the Corporation forNational Service. (4) Provide or arrange for meals, transportation, and supervisionfor volunteers. (5) Provide benefits and meaningful volunteer serviceopportunities 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 nowbedfast, too frail, or too ill to be transported to special programs. (B) Physically impaired older individuals who cannot leave theirhomes due to the extent of their disabilities. (C) Individuals who, due to functional impairments, fear of afast-moving society, and the possibility of bodily harm, are afraidto go out. (D) Physically impaired individuals who are capable of interactingin activities for the physically impaired, but because of theirlimitations have been overprotected by their guardians. (E) Physically or mentally impaired older individuals who havebecome so depressed that they have withdrawn from all socialinteraction and are confined as a result of psychological problems. (F) Physically impaired individuals who are eager to be enrolledin day care programs, but have to stay on waiting lists until thereis an opening. (8) Maintain a systematic means of capturing and reporting allrequired community-based services program data. (d) In addition to the opportunity to help other adults who havespecial needs, such as the frail elderly, physically impaired adultsand those adults who are mentally or neurologically impaired, seniorcompanion volunteers shall receive all of the following: (1) Expenses for transportation to and from their homes and theplace where they render their services or transportation in buses orin other transportation made available to them. (2) One free meal during each day in which the senior companionrenders services. (3) Accident insurance, an annual physical examination, and anontaxable hourly stipend. (e) Senior companions funded under this chapter shall not beassigned to individuals already receiving in-home supportiveservices. (f) This section shall be implemented only to the extent thatfunds are appropriated for its purposes in the annual Budget Act orin another statute.