AB 19

Bill Subjects

Abstract

Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. Under existing law, IHSS recipients who are eligible for the Medi-Cal program, are provided with personal care option services, as defined, in lieu of receiving these services under the IHSS program. Under existing law, the State Department of Social Services is required, in consultation and coordination with county welfare departments, to establish and implement statewide hourly task guidelines and instructions to provide counties with a standard tool for consistently and accurately assessing service needs and authorizing service hours to meet those needs. This bill would require the department, on or before December 31, 2011, in consultation with county welfare departments and stakeholders, to develop and implement procedures to ensure that an IHSS provider of services receives a list specifying the approved duties to be performed for each recipient under the provider's care and a complete list of supportive service tasks available under the IHSS program. It would require an application for IHSS benefits to contain a notice that providers will be provided with this information. This bill would also require all prospective IHSS providers to complete a prescribed provider orientation as a condition of IHSS program participation. This bill would require the standardized provider timesheet used to track the work performed by providers of services under the IHSS program to contain a certification to be signed by the provider and recipient verifying that the information provided in the timesheet is true and correct and a statement relating to the imposition of civil penalties, as provided for in the bill, if the information is found not to be true and correct. The bill would require the timesheet to include designated spaces for the index fingerprint of the provider and recipient, effective July 1, 2011. Existing law, upon request of a recipient of in-home supportive services, or a recipient of personal care services under the Medi-Cal program, authorizes a public authority or nonprofit consortium to provide a criminal background check on certain provider applicants, pursuant to specified provisions. Existing law contains provisions prohibiting a public authority or nonprofit consortium from charging a provider, potential personnel, or service recipient a fee to cover designated costs associated with a criminal background check. This bill would, instead, require that criminal background checks be performed for prospective providers commencing on the effective date of the bill, as a condition of IHSS enrollment and that they be performed at the provider's expense. The bill would require a criminal background check to be performed no later than July 1, 2010, for a person already on a county's provider registry or already providing services, but not on the registry, on the effective date of the bill. Under existing law, if a provider applicant is rejected as a result of information contained in the criminal background report, the applicant is required to be advised of his or her right to request a copy of his or her own criminal history record and to submit a challenge to the Department of Justice to contest the criminal background report. This bill would, instead, if the applicant or provider is rejected as a result of information contained in the criminal background report, require that he or she receive a copy of that report from the Department of Justice, and that he or she be advised of his or her right to contest the criminal background report. It would, in addition, require the State Department of Social Services to develop a written appeal process for a current and prospective provider who is determined ineligible to receive IHSS payments. The bill would also enact substantially similar criminal background check requirements applicable to a county for applicants or providers not on a provider registry of a nonprofit consortium or public authority. By increasing county duties with respect to the program, this bill would impose a state-mandated local program. The bill would also require the department to develop protocols and procedures for obtaining fingerprints from individuals eligible for IHSS, as specified. Existing law requires the department and the State Department of Health Care Services to develop a provider enrollment form that each person seeking to provide supportive services shall complete, sign under penalty of perjury, and submit to the county. This bill would require a provider enrollment form to be completed using the provider's physical residential address, and would prohibit use of a post office box address. This bill would prohibit a provider's paycheck from being mailed to a post office box unless the county has approved a written or oral request from the provider, as specified. Existing law requires the State Department of Social Services, in consultation with counties, to develop a standardized curriculum, training materials, and work aids, and operate an ongoing, statewide training program on the supportive services uniformity system, as specified. This bill would require the department, on or before July 1, 2010, in consultation with the State Department of Health Care Services and other designated parties, to ensure that a standardized curriculum and training materials for county social workers are developed for the purpose of preventing fraud within the IHSS program. This bill would require the State Department of Social Services to develop protocols for the implementation of targeted program integrity mailings, as described in the bill, and to distribute the targeted program integrity mailings to providers. By imposing additional duties on counties with respect to quality assurance activities, including targeted program integrity mailings and monitoring delivery of services, the bill would create a state-mandated local program. This bill would require the State Department of Social Services to consult, as appropriate, with stakeholders on the implementation of the timesheet and criminal background check provisions of the bill. Existing law contains provisions relating to the duties of the State Department of Health Care Services, the State Department of Social Services, and the counties relating to IHSS fraud. This bill would require the State Department of Social Services, in consultation with specified parties, to develop uniform statewide protocols for acceptable activities to be performed and acceptable measures to be taken by the department, the State Department of Health Care Services, and the counties, for purposes of IHSS fraud prevention. It would also provide that the refusal of an IHSS provider or recipient to comply with program requirements may result in termination of program participation. The bill would provide for the implementation of its provisions through all-county letters or similar instructions, and would also provide for the adoption of emergency regulations by July 1, 2010. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.