AB 2158

Bill Subjects

Abstract

Existing law establishes 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, the Home Care Services Consumer Protection Act, beginning January 1, 2016, provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. The act excludes specified persons and entities from the definition of a home care aide for purposes of registration, including individuals providing home care services under the IHSS program. Existing law requires affiliated home care aides, as defined, to complete specified training, including a minimum of 5 hours of entry-level training prior to presence with a client. Willful or repeated violation of these provisions is a crime. This bill would additionally require an independent IHSS provider to be listed on the home care aide registry prior to providing home care services to a client, and would require an independent IHSS provider to complete the specified training required for an affiliated home care aide. The bill would define "independent IHSS provider" to mean an IHSS program provider who is not employed by a private, 3rd-party agency to provide home care services under the IHSS program. By expanding the definition of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.