AB 3079

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 establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services in order to permit them to remain in their own homes. 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. This bill would require the department, by March 1, 2025, or when the Case Management Information and Payrolling System (CMIPS) can implement the necessary automation changes, whichever is later, to develop and issue guidance, in consultation with specified entities, to ensure that individuals without satisfactory immigration status, as defined, are able to receive IHSS benefits using a provider of their choice, including a provider who is related to the 5th degree to the recipient, as specified, and who has, or is in the process of obtaining, an individual taxpayer identification number. The bill would require the department, by January 1, 2025, and in consultation with specified stakeholders, to develop recommendations to enable any recipient of services to select a related provider of their choice, as specified. Existing law requires a county to investigate the background of a person who seeks to become a supportive services provider or is already providing those services, and who is not listed on the registry of a public authority or nonprofit consortium. Existing law requires that investigation to include criminal background checks conducted by the Department of Justice, as prescribed. Existing law requires the county to deny or terminate an individual's request to provide IHSS upon notice from the Department of Justice that the person has a conviction for any specified offense. This bill would exempt a person who meets the requirements to be a related provider of IHSS, as described above, or who is related to the 5th degree to the IHSS recipient from those criminal background check requirements, but would require the person to attest to any convictions for the specified offenses. The bill would prohibit a person with a conviction for any of those offenses from providing IHSS. Under existing law, a new applicant to provide in-home supportive services, or a person whose application has been denied on the basis of a conviction and for whom an appeal of that denial is pending, is ineligible to provide or receive payment for providing supportive services for 10 years following a conviction for, or incarceration following a conviction for, specified felony offenses. Existing law permits a recipient who wishes to employ a provider applicant who has been convicted of one of the specified offenses to submit to the county an individual waiver of the exclusion provided for in those provisions. This bill would require a person who meets the requirements to be a related provider of IHSS, as described above, or who is related to the 5th degree to the IHSS recipient to attest to any convictions for an offense subject to the 10-year exclusion. The bill would permit a recipient of IHSS who wishes to employ a related provider applicant who has been convicted of an eligible offense to submit to the county an individual waiver of that exclusion. To the extent that these provisions would increase duties of counties administering the IHSS program, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.