BILL NUMBER: AB 1425 CHAPTERED 09/09/02 CHAPTER 428 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2002 APPROVED BY GOVERNOR SEPTEMBER 7, 2002 PASSED THE ASSEMBLY AUGUST 22, 2002 PASSED THE SENATE AUGUST 19, 2002 AMENDED IN SENATE JUNE 29, 2002 AMENDED IN SENATE MAY 23, 2002 AMENDED IN SENATE APRIL 8, 2002 AMENDED IN ASSEMBLY JANUARY 23, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 AMENDED IN ASSEMBLY APRIL 5, 2001 INTRODUCED BY Assembly Member Thomson FEBRUARY 23, 2001 An act to add Section 1504.5 to the Health and Safety Code, relating to health. LEGISLATIVE COUNSEL'S DIGEST AB 1425, Thomson. Persons with disabilities: community living support services. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities by the State Department of Social Services. Existing law prohibits a community care facility that is unlicensed, is not exempt from licensure, and satisfies any one of several listed conditions from operating in the state. Among the listed conditions is if the facility is providing care or supervision, as defined by the act or rules and regulations adopted pursuant to the act. This bill would exempt any supportive housing, as described, or independent living arrangement, for individuals with disabilities who are receiving community living support services, as described, from the application of the act. The bill would provide that community living support services do not constitute care or supervision. This bill would permit counties to contract with agencies or individuals to assist persons with disabilities in securing their own homes, including supportive housing, and to provide persons with disabilities with the supports needed to live in their own homes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1504.5 is added to the Health and Safety Code, to read: 1504.5. (a) (1) This chapter does not apply to any independent living arrangement or supportive housing, described in paragraph (2) of subdivision (c), for individuals with disabilities who are receiving community living support services, as described in paragraph (1) of subdivision (c). (2) This section does not affect the provisions of Section 1503.5 or 1505. (3) Community living support services described in paragraph (1) of subdivision (c) do not constitute care or supervision. (b) (1) The Legislature finds and declares that there is an urgent need to increase the access to supportive housing, as described in paragraph (2) of subdivision (c), and to foster community living support services, as described in paragraph (1) of subdivision (c), as an effective and cost-efficient method of serving persons with disabilities who wish to live independently. (2) It is the intent of the Legislature that persons with disabilities be permitted to do both of the following: (A) Receive one or more community living support services in the least restrictive setting possible, such as in a person's private home or supportive housing residence. (B) Voluntarily choose to receive support services in obtaining and maintaining supportive housing. (3) It is the intent of the Legislature that community living support services, as described in paragraph (1) of subdivision (c), enable persons with disabilities to live more independently in the community for long periods of time. (c) (1) "Community living support services," for purposes of this section, are voluntary and chosen by persons with disabilities in accordance with their preferences and goals for independent living. "Community living support services" may include, but are not limited to, any of the following: (A) Supports that are designed to develop and improve independent living and problemsolving skills. (B) Education and training in meal planning and shopping, budgeting and managing finances, medication self-management, transportation, vocational and educational development, and the appropriate use of community resources and leisure activities. (C) Assistance with arrangements to meet the individual's basic needs such as financial benefits, food, clothing, household goods, and housing, and locating and scheduling for appropriate medical, dental, and vision benefits and care. (2) "Supportive housing," for purposes of this section, is rental housing that has all of the following characteristics: (A) It is affordable to people with disabilities. (B) It is independent housing in which each tenant meets all of the following conditions: (i) Holds a lease or rental agreement in his or her own name and is responsible for paying his or her own rent. (ii) Has his or her own room or apartment and is individually responsible for arranging any shared tenancy. (C) It is permanent, wherein each tenant may stay as long as he or she pays his or her share of rent and complies with the terms of his or her lease. (D) It is tenancy housing under which supportive housing providers are required to comply with applicable state and federal laws governing the landlord-tenant relationship. (E) Participation in services or any particular type of service is not required as a condition of tenancy. (d) Counties may contract with agencies or individuals to assist persons with disabilities in securing their own homes and to provide persons with disabilities with the supports needed to live in their own homes, including supportive housing. (e) For purposes of this section and notwithstanding any other provision of law, an individual with disabilities may contract for the provision of any of the community support services specified in paragraph (1) of subdivision (c) in the individual's own home including supportive housing, as part of that individual's service, care, or independent living plan, only through a government funded program or a private health or disability insurance plan. (f) An individual's receipt of community living support services as defined in paragraph (1) of subdivision (c) shall not be construed to mean that the individual requires care or supervision or is receiving care or supervision.