BILL NUMBER: SB 867	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Ridley-Thomas

                        FEBRUARY 23, 2007

   An act to add Sections 12693.745, 12698.40, and 12726 to, and to
add Part 6.6 (commencing with Section 12739.6) to Division 2 of, the
Insurance Code, and to amend Section 12304.2 of the Welfare and
Institutions Code, relating to supportive services providers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 867, as introduced, Ridley-Thomas. In-home supportive services.

   Existing law provides for the In-Home Supportive Services (IHSS)
program, under which, either through employment by the recipient, or
by or through contract by the county, qualified aged, blind, and
disabled persons receive services enabling 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, a contract between the county and a nonprofit consortium,
or the creation by the county of a public authority. Under existing
law, a recipient of in-home supportive services who receives services
either through a contract or managed care provider may select any
qualified person to provide those services, subject to program
requirements.
   Existing law provides for the Long-Term Care Integration Pilot
Program, to integrate the financing and administration of long-term
care services in up to 5 pilot project sites in the state.
   This bill would authorize a recipient who receives personal care
and in-home services through a long-term care integration pilot
project to select his or her own service provider, subject to program
requirements.
   Existing law further provides for the Access for Infants and
Mothers program (AIM), the Healthy Families Program, and the Major
Risk Medical Insurance Program (MRMIP), all of which are administered
by the Managed Risk Medical Insurance Board, to provide various
health services to qualified individuals.
   This bill would authorize a recipient who receives personal care
and in-home services through AIM, the Healthy Families Program,
MRMIP, or any publicly funded program enacted prior to, or on or
after, January 1, 2008, to select his or her own service provider,
subject to program requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12693.745 is added to the Insurance Code, to
read:
   12693.745.  (a) Any subscriber who receives personal care and
in-home services under this part, may, subject to program
requirements, select any qualified person to provide care under this
part.
   (b) For purposes of this section, "qualified person" means any
employee of the contract or managed care provider through which the
recipient may receive personal care and in-home services under this
part who is available and eligible to provide the services.
  SEC. 2.  Section 12698.40 is added to the Insurance Code, to read:
   12698.40.  (a) Any subscriber who receives personal care and
in-home services under this part, may, subject to program
requirements, select any qualified person to provide care under this
part.
   (b) For purposes of this section, "qualified person" means any
employee of the contract or managed care provider through which the
recipient may receive personal care and in-home services under this
part who is available and eligible to provide the services.
  SEC. 3.  Section 12726 is added to the Insurance Code, to read:
   12726.  (a) Any subscriber who receives personal care and in-home
services under this part, may, subject to program requirements,
select any qualified person to provide care under this part.
   (b) For purposes of this section, "qualified person" means any
employee of the contract or managed care provider through which the
recipient may receive personal care and in-home services under this
part who is available and eligible to provide the services.
  SEC. 4.  Part 6.6 (commencing with Section 12739.6) is added to
Division 2 of the Insurance Code, to read:

      PART 6.6.  PERSONAL CARE SERVICE PROVIDER OPTIONS


   12739.6.  (a) With respect to the receipt of personal care and
in-home services under any publicly funded program, whether enacted
prior to, or on or after, January 1, 2008, any program beneficiary,
may, subject to program requirements, select any qualified person to
provide care under that program.
   (b) For purposes of this section, "qualified person" means any
employee of the contract or managed care provider through which the
recipient may receive personal care and in-home services, as provided
in subdivision (a), who is available and eligible to provide the
services.
  SEC. 5.  Section 12304.2 of the Welfare and Institutions Code is
amended to read:
   12304.2.  (a)  A   Notwithstanding any other
provision of law, a  recipient who receives services under this
article through  either  a contract  or
  ,  managed care provider  , or long-term care
integrated care project  may, subject to program requirements,
select any qualified person to provide care under this article.
   (b) For purposes of this section, "qualified person" means any
employee of the contract or managed care provider through which the
recipient may receive services under this article who is available
and eligible to provide the services.