reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 9 - Senior Center Bond Act of 184 › Section 9603.

9603. For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized in this chapter, the Senior Center Finance Committee is hereby created. The committee consists of the Treasurer, the Controller, the Director of Finance, and the director. The committee is hereby authorized and empowered to create a debt or debts, or liability or liabilities, of the State of California, in the aggregate amount of fifty million dollars ($50,000,000), in the manner provided in this chapter. The debt or debts, or liability or liabilities shall be created for the purpose of acquiring, renovation, constructing, purchasing of equipment, funding startup costs of programs, or funding expansion of existing programs of senior centers. When sold, the bonds authorized by this chapter shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereon. There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the interest and principal on the bonds maturing each year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that shall be necessary to collect that additional sum. All money deposited in the fund that has been derived from premium and accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. All money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund, this money shall be applied as a reimbursement to the General Fund on account of principal and interest on the bonds paid from the General Fund.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 9 - Senior Center Bond Act of 184 › Section 9604.

9604. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, an amount as will be equal to the following:
(a) That sum annually as will be necessary to pay the principal of, and the interest on, the bonds issued and sold pursuant to this chapter, as principal and interest become due and payable.
(b) That sum as is necessary to carry out Section 9603, which sum is appropriated without regard to fiscal years.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 9 - Senior Center Bond Act of 184 › Section 9605.

9605. (a) For purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the board in accordance with this chapter. These withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would have otherwise been earned by these sums in the Pooled Money Investment Fund.
(b) The committee may authorize the Treasurer to sell all or any part of the bonds authorized by this chapter at the time or times as may be fixed by the Treasurer.
(c) All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 9592 but shall not be available for transfer to the General Fund to pay principal and interest on bonds. The money in the fund may be expended only as provided in this chapter.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 9.5 - Multipurpose Senior Centers And Senior Centers Emergency Operations Plans › Section 9625.

9625. (a) No later than June 30, 2007, each multipurpose senior center and each senior center, as defined in subdivisions (j) and (n) of Section 9591, shall develop and maintain a written emergency operations plan. This emergency operations plan shall include, but not be limited to, all of the following:
(1) Facility preparation procedures to identify the location of first aid supplies, secure all furniture, appliances, and other free-standing objects, and provide instructions for operating gas and water shutoff valves.
(2) An inventory of neighborhood resources that shall include, but not be limited to, the identification and location of all the following nearby resources:
(A) Generators.
(B) Telephones.
(C) Hospitals and public health clinics.
(D) Fire stations and police stations.
(3) Evacuation procedures, including procedures to accommodate those who will need assistance in evacuating the center. This evacuation plan shall be located in an area that is accessible to the public.
(4) Procedures to accommodate seniors, people with disabilities, and other community members in need of shelter at the senior center, in the event that other community facilities are inoperable.
(5) Personnel resources necessary for postdisaster response.
(6) Procedures for conducting periodic evacuation drills, fire drills, and earthquake drills.
(7) Procedures to ensure service continuation after a disaster.
(8) Consideration of cultural and linguistic barriers in emergency and evacuation plans, and ways to appropriately address those barriers.
(b) In the development of the emergency operations plans required by this chapter, multipurpose senior centers and senior centers shall coordinate with the Office of Emergency Services, the local area agency on aging, as defined in Section 9006, and other relevant agencies and stakeholders.
(Amended by Stats. 2013, Ch. 352, Sec. 537. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10 - Aging Information and Education › Section 9630.

9630. As part of its role in providing leadership in advocating on behalf of older individuals, the department shall make efforts to increase public awareness about areas of importance to California’s older individuals, their families, and other caregivers. These efforts to increase public awareness and education may be accomplished through the use of public service announcements, radio and television commercials or infomercials, access on the internet, newspaper and other periodical editorials and letters to the editor, public and corporate symposiums, symposiums or educational efforts by public or private schools, colleges, and universities, and mass transit and outdoor signage.
(Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 5. Effective January 1, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10 - Aging Information and Education › Section 9631.

9631. (a) The department shall establish an Aging Information and Education Fund, from funds made available pursuant to the annual Budget Act, to implement public awareness of various issues, including at least the following areas:
(1) Medication management—to call attention to the large percentage of older individuals admitted to hospitals solely due to the mismanagement of prescribed and over-the-counter drugs, the need for proper and timely use of medications, and the role of the attending physicians in prescribing medications and their interactive potential for harm.
(2) Elder abuse prevention—to work in conjunction with state and local law enforcement entities to bring focus to the need to protect older individuals from physical, emotional, and fiduciary abuse, so that they may continue to live with peace of mind about their safety.
(3) Toll-free line for linkage to local service networks—to develop and make the public aware of a single statewide toll-free telephone number for access to local information about services available to the community for older individuals and persons with functional impairments.
(b) The sources of funding that may be used for this purpose include any nonprofit foundation, funds privately donated by individuals, and one-time-only funds designated for state operations. Nothing in this chapter shall be construed to authorize any expenditures that are not otherwise allowable by the originating source of the funding.
(Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 6. Effective January 1, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 1 - General › Section 9650.

9650. The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 1 - General › Section 9651.

9651. “Wellness” means optimizing opportunities for physical, social, and mental well-being throughout the course, in order to extend healthy life expectancy, productivity, and quality of life in older age.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 1 - General › Section 9652.

9652. “Senior” means any person 60 years of age or older.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 1 - General › Section 9653.

9653. “Person with a disability” means the same as the term is defined by regulations established pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended in 1992 (29 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 1 - General › Section 9654.

9654. “Senior wellness program” means the program established pursuant to Article 2 (commencing with Section 9660).
(Amended by Stats. 2005, Ch. 78, Sec. 15. Effective July 19, 2005.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 2 - Senior Wellness Program › Section 9660.

9660. There is in the California Department of Aging a senior wellness program.
(Amended by Stats. 2005, Ch. 78, Sec. 17. Effective July 19, 2005.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 2 - Senior Wellness Program › Section 9661.

9661. (a) The senior wellness program shall have all of the following functions:
(1) Focus on educating California’s seniors, as well as caregivers, families, and health care professions, about the importance of living a healthy lifestyle, including, but not limited to, nutrition, exercise, injury prevention, and mental well-being.
(2) Provide information on, and help California’s culturally and ethnically diverse seniors and adults with, functional impairments.
(3) Provide educational information on the resources and services available for seniors from both private and public entities in communities throughout the state and the area agencies on aging. The educational material shall accommodate the diverse linguistic needs of various populations in the state, including, but not limited to, English, Spanish, Russian, Chinese, and Braille.
(4) Promote education and training for professionals and caregivers who work directly with seniors in order to maximize wellness.
(5) Generate a cultural shift to a more positive vision and expectation with respect to how aging is viewed by all Californians.
(6) Transform perceptions of aging into a more hopeful, appreciative, and aspiring mode of being.
(7) Create a new culture that cherishes each of us, including the population of older adults, adults with disabilities, our aging, our ethnic and racial diversity, our becoming elders, and our maturity.
(8) Advance the recognition of the unique status, experience, capacity, and role of seniors to become our models for guidance and inspiration.
(9) Replace the image of seniors who are “self-interested” with an image of seniors who are actively engaged and involved in their communities.
(10) Promote and mobilize older adults and adults with disabilities into emerging roles for the public benefit.
(11) Challenge the prevailing culture, to the extent that it discounts the value of age.
(12) Rid our culture of the negative attitudes toward adults who are aging and adults with disabilities.
(b) Notwithstanding Section 9663, state funds shall not be appropriated for the purpose of implementing paragraphs (5) to (12), inclusive, of subdivision (a), and the department is not required to undertake implementation of those paragraphs, unless it receives federal or private funds for that purpose.
(Amended by Stats. 2005, Ch. 78, Sec. 18. Effective July 19, 2005.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 2 - Senior Wellness Program › Section 9662.

9662. The department shall deliver, or provide for the delivery of, senior wellness program information through a variety of means, including, but not limited to, the Internet, radio, television, and newspaper advertising, brochures, posters, and newsletters.
(Amended by Stats. 2005, Ch. 78, Sec. 19. Effective July 19, 2005.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 2 - Senior Wellness Program › Section 9663.

9663. This article shall be implemented only to the extent funds are made available for the purposes of this article in the annual Budget Act or another statute.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 2.5 - Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults › Section 9664.

9664. (a) The Legislature finds and declares all of the following:
(1) Ageism is the systematic stereotyping of, and discrimination against, persons based on age.
(2) Ageism is manifested, at both the individual and institutional levels, in a range of ways, from the perpetuation of stereotypes and myths about aging and aging people, the dislike and outright disdain of elders, and the simple subtle avoidance of contact with elders, to discriminatory practices against elders in housing, employment, and services.
(b) It is the intent of the Legislature to enact legislation to encourage the development of partnerships addressed at combating ageism in the workplace.
(Added by Stats. 2002, Ch. 541, Sec. 16. Effective January 1, 2003.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 2.5 - Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults › Section 9665.

9665. (a) The Legislature requests that the California Department of Aging partner with the Industry Coalition on Age Equity in Media, which is a joint coalition of the California Commission on Aging, Women in Film, and the Employment Development Department, to work with the entertainment industry in an effort to change cultural attitudes and perceptions of aging and older adults, with the goals of making the workplace more receptive to older workers and eradicating ageism in society.
(b) It is the intent of the Legislature, in enacting this act, to generate pervasive, profound, and positive changes in our culture, vision, and attitudes toward aging.
(c) State funds shall not be appropriated for purposes of implementing this section. The department is not required to undertake any new task pursuant to this section unless it receives federal or private funds for that purpose.
(Added by Stats. 2002, Ch. 541, Sec. 16. Effective January 1, 2003.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9675.

9675. This article shall be known and may be cited as the Program for Injury Prevention in the Home Environment.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9676.

9676. The Program for Injury Prevention in the Home Environment is hereby established. The department, through the Senior Housing and Information Support Center in the department, shall provide grants to eligible local level entities for injury prevention information and education programs and services pursuant to this article for the purpose of increasing the awareness and prevention of injuries.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9677.

9677. The department may provide a program grant to an eligible local public agency or nonprofit organization for the services specified in Section 9678 and for the following services:
(a) Provision of information and education regarding injury prevention to seniors and persons with disabilities living in the community.
(b) Comprehensive assessment of individual injury prevention needs.
(c) Consultation and instruction in the behavioral, physical, and environmental aspects of injury prevention.
(d) Mitigation of behavioral and physical factors.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9678.

9678. (a) The Program for Injury Prevention in the Home Environment shall include funding for injury prevention needs, including injury prevention equipment and activities as well as material and labor costs, for homeowners and renters meeting income requirements established pursuant to subdivision (d). A local level entity selected to participate in the program shall comply with all of the requirements of this section in implementing the program.
(b) Equipment and activities covered under the program shall include all of the following:
(1) Grab bars, nonskid surfaces, shower seats, and transfer benches.
(2) Indoor and outdoor handrails.
(3) Reconfiguration of furniture and other elements of the physical home environment to reduce hazards.
(c) The payment for injury prevention equipment and services shall not exceed a seven-hundred-dollar ($700) maximum allowance per household.
(d) Eligibility for equipment and services, as described in this section, shall be limited to families, households, and individuals whose incomes do not exceed 80 percent of the county median income, with adjustments for family and household size.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9679.

9679. (a) The department, in consultation with groups, including, but not limited to, the State and Local Injury Control section of the State Department of Health Services, and other groups knowledgeable and experienced in senior and disabled injury prevention, such as research-based university gerontology departments with extensive experience and work with the concept of aging in place and the benefits of home modification, a research center on gerontology, as well as local public health agencies, shall develop training and assessment tools necessary for carrying out this article.
(b) The department shall establish service standards that ensure that members of the population needing services under this article are identified and that the services provided assist them in living safely in their homes and apartments. The department shall award grants based upon compliance with these standards. The standards shall include, but not be limited to, a service planning process that is target-population based and includes both of the following:
(1) A determination of the number of clients to be served and the programs and services that will be provided to meet the injury prevention needs of those clients.
(2) Plans for services including outreach, design of injury prevention services, coordination, and access to education and assessment services.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9680.

9680. (a) The director shall establish a methodology for awarding grants under this article, in consultation with groups described in subdivision (a) of Section 9679. The director shall consult with these groups to develop criteria for the award of grants and the identification of specific performance measures.
(b) The criteria to be considered in the award of grants shall include, but not be limited to, all of the following:
(1) The description of a plan for providing outreach, prevention, intervention, and evaluation in a cost appropriate manner.
(2) The ability of the local level entities to engage in collaborations with local entities for purposes of program coordination, including, but not limited to, public and private nonprofit agencies that are experienced in injury prevention services, home modification services, home safety services, and services for seniors and persons with disabilities.
(3) The ability of local level entities to gather and utilize other resources to supplant funding provided by the department.
(4) Demonstrated proficiency in, and awareness of, relevant issues in working with senior and disabled populations, particularly in relation to home modification and injury prevention.
(5) The description of the local population to be served, the ability to administer an effective service program, and the degree to which local agencies and advocates will support and collaborate with program efforts.
(6) The geographical representation of the applicants.
(7) The provision of a local match in funds.
(c) The funding provided pursuant to this article shall be sufficient to provide injury prevention education and assessment services and equipment and activities necessary for injury prevention in the home.
(Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 10.5 - Senior Wellness Program › ARTICLE 3 - Program for Injury Prevention in the Home Environment › Section 9681.

9681. (a) Funding of projects pursuant to this article shall be subject to the appropriation of funds by the Legislature in the Budget Act or another statute.
(b) Appropriations made pursuant to subdivision (a) shall be expended to fund grants to eligible local public agencies or nonprofit organizations in an amount not to exceed one hundred fifty thousand dollars ($150,000) each.
(Amended by Stats. 2002, Ch. 664, Sec. 233. Effective January 1, 2003.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 1 - Legislative Intent and Definitions › Section 9700.

9700. (a) The Legislature recognizes that the department, pursuant to a grant from the federal government, has established a Long-Term Care Ombudsman Program.
(b) The Legislature declares that it is the public policy of this state to encourage community contact and involvement with elderly patients or residents of long-term care facilities or residential facilities through the use of volunteers and volunteer programs, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudsmen, the elderly patients or residents of long-term care facilities or residential facilities, and the operators of these facilities.
(c) The Legislature finds that in order to comply with the federal Older Americans Act (42 U.S.C. Sec. 3001, et seq.), as amended, and to effectively assist residents, patients, and clients of long-term care facilities in the assertion of their civil and human rights, the structure, powers, and duties of the Long-Term Care Ombudsman Program must be specifically defined.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 1 - Legislative Intent and Definitions › Section 9701.

9701. Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the interpretation of this chapter:
(a) “Approved organization” means any public agency or other appropriate organization that has been designated by the Office of the State Long-Term Care Ombudsman to hear, investigate, and resolve complaints made by or on behalf of patients or residents of long-term care facilities relating to matters that may affect the health, safety, welfare, and rights of these patients or residents.
(b) “Long-term care facility” means any of the following:
(1) Any nursing or skilled nursing facility, as defined in Section 1250 of the Health and Safety Code, including distinct parts of facilities that are required to comply with licensure requirements for skilled nursing facilities.
(2) Any residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code.
(c) “Office” means the Office of the State Long-Term Care Ombudsman, including approved organizations.
(d) “Ombudsman coordinator” means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsman program, including the implementation of federal and state requirements governing the office.
(e) “Resident” or “patient” means an individual living in a long-term care facility.
(f) “State Ombudsman” means the State Long-Term Care Ombudsman.
(Amended by Stats. 2012, Ch. 649, Sec. 3. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9710.

9710. There is within the department an Office of the State Long-Term Care Ombudsman.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9710.5.

9710.5. (a) The Legislature finds and declares as follows:
(1) The Office of the State Long-Term Care Ombudsman has an extremely important role in protecting and advocating for the rights and health and safety of long-term care facility residents, and in providing leadership, direction, and support to local long-term care ombudsman programs.
(2) The position of State Ombudsman is extremely important to the successful coordination of ombudsman services at the local level.
(3) The position of State Ombudsman requires both an extensive background in social or health services programs, and an ability to manage and motivate individuals and groups.
(4) Remuneration for the position of State Ombudsman should be commensurate with the demands of the position.
(b) The Director of the California Department of Aging shall do all of the following:
(1) Provide widespread notification of the availability of the position of State Long-Term Care Ombudsman in order to reach the greatest number of qualified candidates and hire the most capable individual for the position.
(2) Within 10 days of the occurrence of a vacancy, publicly announce the vacancy and solicit candidates for the position.
(3) Within 30 days of the occurrence of a vacancy, convene a meeting with the advisory council established by the department pursuant to Section 9740, for the purpose of obtaining the advice, consultation, and recommendations of the council regarding the selection of a candidate.
(Amended by Stats. 2012, Ch. 649, Sec. 4. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9711.

9711. (a) The office shall be under the direction of a chief executive officer who shall be known as the State Long-Term Care Ombudsman. The State Ombudsman shall be appointed by the director and shall report directly to the director. He or she shall devote his or her entire time to the duties of his or her position, and shall receive the salary otherwise provided by law.
(b) Any vacancy occurring in the position of State Ombudsman shall be filled in the same manner as the original appointment. Whenever the State Ombudsman dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudsman’s successor, but in no event longer than four months from the occurrence of the vacancy. The acting State Ombudsman shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9712.

9712. (a) The office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall meet the qualifications established by the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.) and be selected from among individuals with expertise and experience in the fields of long-term care and advocacy. Within the first year of appointment, the State Ombudsman shall complete the training described in subparagraph (B) of paragraph (1) of subdivision (a) of Section 9719, and a 10-hour internship performing ombudsman services in a long-term care facility.
(b) The State Ombudsman shall be located in Sacramento. Other staff employed by the office may be located elsewhere in the state.
(c) (1) The State Ombudsman shall possess at least a bachelor’s degree, and have a minimum of five years’ professional experience that shall include all of the following areas:
(A) Gerontology, long-term care, or other relevant social services or health services programs.
(B) The legal system and the legislative process.
(C) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.
(D) Organizational management and program administration.
(2) The professional experience described in paragraph (1) requires any reasonable combination of the fields described in subparagraphs (A) to (D), inclusive, of that paragraph for a total of five years, and does not require five years’ experience in each area. At the discretion of the director, a master’s or doctoral degree relevant to a field described in paragraph (1) may be substituted for one or two years, respectively, of professional experience. However, the applicant’s professional experience and field of study leading to the master’s or doctoral degree shall, nevertheless, include all of the fields described in paragraph (1).
(d) The State Ombudsman may not have been employed by any long-term care facility within the three-year period immediately preceding his or her appointment.
(e) Neither the State Ombudsman nor any member of his or her immediate family may have, or have had within the past three years, any pecuniary interest in long-term care facilities.
(Amended by Stats. 2012, Ch. 649, Sec. 5. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9713.

9713. (a) Upon request of the office, the Attorney General shall represent the office or the department and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall employ other counsel.
(b) The State Ombudsman may employ technical experts and other employees that, in his or her judgment, are necessary for the conduct of the business of the office.
(Amended by Stats. 2012, Ch. 649, Sec. 7. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9714.

9714. The office shall solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The office shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office. The office shall deposit funds received pursuant to this section into the Long-Term Care Ombudsman Program Improvement Act Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370 of the Government Code. Revenues in this account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.
(Amended by Stats. 2013, Ch. 521, Sec. 1. (SB 609) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9714.5.

9714.5. (a) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office and the operations of the foundation. The foundation shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office or foundation.
(b) The foundation formed pursuant to this section shall be under the direction and management of a five-member board of directors. One member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, and three members shall be appointed by the Governor. The members of the board shall each be experienced in the management, promotion, and funding of nonprofit charitable organizations.
(c) The board shall select from among its members a chair, a vice chair, and any other officers as it deems necessary.
(d) The members of the board shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties as directors.
(e) Three members of the board shall constitute a quorum for the purpose of conducting the board’s business.
(f) By March 1 of each year, the board shall determine the amount of funds to be allocated from the foundation to the office for the support of the operations and programs of the office and the operations of the foundation. Foundation funds may only be expended for the support of the operations and programs of the office and the operations of the foundation.
(g) The members of the board shall be free from conflicts of interest and shall be subject to the same conflict of interest provisions that apply to the State Ombudsman under Section 3058g(f)(3) of Title 42 of the United States Code.
(Amended by Stats. 2013, Ch. 521, Sec. 2. (SB 609) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9715.

9715. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter.
(b) No discriminatory, disciplinary, or retaliatory action shall be taken against any employee of a facility or agency, any patient, resident, or client of a long-term care facility, or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(c) All communications by a representative of the office, if reasonably related to the requirements of that individual’s responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander.
(d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9716.

9716. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term care needs of older individuals, consistent with its mission. These responsibilities shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The office shall submit the data to the state agency responsible for licensing or certifying long-term care facilities and to the federal Administration on Aging.
(b) Notwithstanding Section 10231.5 of the Government Code, beginning September 30, 2013, and annually thereafter, the office shall prepare and submit an annual advocacy report in accordance with Section 3058g(h)(1) of Title 42 of the United States Code. The annual advocacy report shall do all of the following:
(1) Describe the activities carried out by the office in the year for which the report is prepared, including, but not limited to, actions taken to carry out the advocacy duties of the office described in Sections 9712.5 and 9726.1 and prescribed by the federal Older Americans Act in Section 3058g(a)(3)(E) and (G) of Title 42 of the United States Code.
(2) Contain and analyze the data collected pursuant to Section 3058g(c) of Title 42 of the United States Code.
(3) Evaluate the problems experienced by, and the complaints made by or on behalf of, residents.
(4) Contain recommendations for both of the following:
(A) Improving quality of the care and life of residents.
(B) Protecting the health, safety, welfare, and rights of residents.
(5) (A) Analyze the success of the ombudsman program, including success in providing services to residents of long-term care facilities and other similar adult care facilities.
(B) Identify barriers that prevent the optimal operation of the program.
(6) Provide policy, regulatory, and legislative recommendations to solve identified problems, to resolve complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers identified in subparagraph (B) of paragraph (5).
(c) The office shall promptly post the annual advocacy report on its Internet Web site and shall submit it to the Assistant Secretary of the federal Administration on Aging, the Governor, the Legislature, the State Department of Public Health, the State Department of Social Services, local ombudsman programs, and other appropriate governmental entities.
(d) The State Ombudsman shall consult with the local ombudsman programs in developing the report.
(Amended by Stats. 2012, Ch. 649, Sec. 10. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9716.11.

9716.11. (a) The Office of the State Long-Term Care Ombudsman shall maintain an Internet Web presence.
(b) The Internet Web site shall be easily found and prominent on the department’s homepage. The Legislature finds and declares that resources currently exist for this purpose.
(c) The Internet Web site shall be consumer driven and shall include, but not be limited to, current long-term care trends and issues, links to local ombudsman programs, the annual advocacy report described in Section 9716, and other information relevant to long-term care facility residents and consumers.
(Added by Stats. 2012, Ch. 649, Sec. 11. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9717.

9717. (a) All advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. These programs include, but are not limited to, the Office of Human Rights within the State Department of State Hospitals, the Office of Patients’ Rights, Disability Rights California, and the Department of Rehabilitation’s Client Assistance Program.
(b) The office shall maintain a close working relationship with the Legal Services Development Program for the Elderly within the department.
(c) In order to ensure the provision of counsel for patients and residents of long-term care facilities, the office shall seek to establish effective coordination with programs that provide legal services for the elderly, including, but not limited to, programs that are funded by the federal Legal Services Corporation or under the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), as amended.
(d) The department and other state departments and programs that have roles in funding, regulating, monitoring, or serving long-term care facility residents, including law enforcement agencies, shall cooperate with and meet with the office periodically and as needed to address concerns or questions involving the care, quality of life, safety, rights, health, and well-being of long-term care facility residents.
(Amended by Stats. 2014, Ch. 442, Sec. 19. (SB 1465) Effective September 18, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9718.

9718. Every long-term care facility, as defined in subdivision (b) of Section 9701, shall post in a conspicuous location a notice of the name, address, and phone number of the office and the nearest approved organization, and a brief description of the services provided by the office and the approved organization. The form of the notice shall be approved by the office.
(Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 7. Effective January 1, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9718.5.

9718.5. (a) (1) Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, deny entry to a representative of the office acting in their official capacity.
(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residents or staff at a residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.
(b) During a state of emergency declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
(Added by Stats. 2022, Ch. 583, Sec. 2. (AB 1855) Effective January 1, 2023.)