BILL ANALYSIS                                                                                                                                                                                                    


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                                 THIRD READING

          Bill No:  AB 1612
          Author:   Assembly Budget Committee 
          Amended:  10/6/10 in Senate
          Vote:     27 - Urgency


           SUBJECT  :    Budget Act of 2010:  Human Services

           SOURCE  :     Author

           DIGEST  :     Senate Floor Amendments  of 10/6/10 delete the  
          prior version of the bill which expressed the intent of the  
          Legislature to enact statutory changes relating to the  
          Budget Act of 2010.

          The bill now makes statutory changes that are necessary to  
          implement Human Services related provisions of the Budget  

           ANALYSIS  :    This is the Human Services Budget Trailer  
          Bill.  It contains provisions, including the following key  
          changes, that are necessary to implement the 2010-11  

          1. Health-Related Information

               A.    Data Sharing  :  Clarifies that, upon request and  
                for research purposes, the Office of Statewide Health  
                Planning and Development can share confidential  


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                patient-level health information with only the  
                University of California and similar non-profit  
                education institutions.  

          2. Community Care Licensing

               A.    Background Check Fees  :  Suspends, for one  
                additional year, a prohibition on charging  
                fingerprinting fees to applicants for licenses to  
                operate facilities that provide non-medical board,  
                room or day care to six or fewer children. 

          3. Child Support Services

               A.    Reporting Requirements :  Extends existing  
                reporting and evaluation requirements related to  
                revenue stabilization funding to any year for which  
                such an appropriation is made. 

               B.    Information Regarding Marital Status  :  Authorizes  
                the State Registrar to disclose information regarding  
                a mother's marital status to the Department of Child  
                Support Services for purposes of demographic and  
                statistical analysis.  Requires the Department of  
                Child Support Services to keep that information  

          4. Child Welfare Services & Foster Care

               A.    Confidential Intermediary Program for Sibling  
                Contact :  Delays, for one additional year, to July 1,  
                2011, implementation of provisions enacted by AB 2488  
                (Chapter 386, Statutes of 2006) related to disclosure  
                of personal information between adoptees and their  
                biological siblings.  Establishes intent for  
                implementation of those provisions to continue in the  
                interim to the extent possible.

               B.    Federal Conformity  :  To implement new federal  
                requirements, includes reasonable travel for a child  
                to remain in the school in which he or she is  
                enrolled at the time of placement within the  
                definition of care and supervision under the Aid to  
                Families with Dependent Children-Foster Care program.  


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                 Further, clarifies the circumstances and terms under  
                which the state may enter into an agreement with an  
                Indian tribe, consortium of tribes or tribal  
                organizations regarding the care and custody of, and  
                jurisdiction over, Indian children. 

               C.    Group Homes  :  Requires the Department of Social  
                Services to establish a working group to develop  
                recommended revisions to the existing system of  
                establishing Rate Classification Levels (RCLs) for  
                group homes.  Additionally prohibits, for one year,  
                the establishment of a rate for a new or reinstated  
                group home program or provider or the increase of an  
                existing provider's rate or capacity, with  
                appropriate case-by-case exceptions. 

          5. CalWORKs

               A.    Federal Stimulus Funding  :  Extends operative  
                dates for provisions allocating funds received under  
                the federal Temporary Assistance for Needy Families  
                Emergency Contingency Fund (ECF) from October 1,  
                2010, to the expiration of relevant federal  
                authority.  Correspondingly, extends suspension of  
                provisions of AB 98 (Chapter 589, Statutes of 2007)  
                until relevant provisions of ECF related to  
                subsidized employment programs expire.  Finally,  
                amends state law to ensure that services supported by  
                ECF funding may be provided to needy youth, as  

               B.    Program Delays  :  Delays to April 1, 2012 (from  
                April 1, 2010), the date by which the Work Incentive  
                Nutritional Supplement (WINS) program shall be fully  
                implemented.  Delays to October 1, 2011 (from April  
                1, 2010), the date by which the Temporary Assistance  
                Program (TAP) must begin.  Further, delays statewide  
                implementation of a CalWORKs county peer review  
                process to no later than July 1, 2011.

          6. Food Stamps

               A.    Inter-County Transfers  :  Requires counties, no  
                later than April 1 or July 1, 2011 (depending on  


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                whether a food stamp recipient also receives CalWORKs  
                or Medi-Cal benefits), to begin using an inter-county  
                eligibility transfer process.  As a result, food  
                stamp recipients would no longer need to reapply for  
                the program solely because of a move between counties  
                within California.

               B.    Temporary Waiver of Matching Fund Requirement  :   
                Allows counties, during the 2010-11 and 2011-12  
                fiscal years, to receive full state funding for the  
                administration of food stamps without paying a share  
                of nonfederal costs above and beyond the applicable  
                maintenance of effort requirement. 

          7. In-Home Supportive Services (IHSS)  

               A.    Services Provided  :  Suspends, until July 1, 2012,  
                eliminations of eligibility enacted by ABx4 4  
                (Chapter 4, Fourth Extraordinary Session, Statutes of  
                2009) for domestic and related services provided to  
                individuals with functional index rankings of less  
                than four or for all services provided to individuals  
                with functional index scores of less than two.   
                Specifies that these provisions shall take effect, as  
                of July 1, 2012, only if a court has upheld their  
                validity in an order that cannot be appealed.   

                Effective 90 days after enactment and until July 1,  
                2012, reduces by 3.6 percent the hours of service  
                authorized for IHSS recipients.  Specifies that  
                recipients may direct the manner in which the  
                reduction is applied.  Further, allows recipients to  
                appeal the reduction, as specified.  

               B.    Provider Wages  :  Suspends, until July 1, 2012,  
                provisions added by SB 6 (Chapter 13, Statutes of  
                2009) that reduce, to $9.50 per hour plus $.60 per  
                hour for health benefits, the maximum level of IHSS  
                provider wages in which the state will participate.   
                Specifies that these provisions take effect, as of  
                July 1, 2012, only if a court has upheld their  
                validity in an order that cannot be appealed.

               C.    Provider Exclusions  :  Effective 90 days after  


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                enactment and subject to specified exceptions,  
                specifies felony criminal convictions, including  
                designated serious and violent offenses and sex  
                offenses, as well as fraud against a government  
                welfare program, which preclude a provider from being  
                paid to provide IHSS for a period of 10 years from  
                the date of conviction.  Authorizes a recipient to  
                employ a provider convicted of the specified offenses  
                by submitting an individual waiver to the county.   
                Additionally allows a provider to request a more  
                general exception from exclusion that may be granted  
                or denied by the Department of Social Services.  

          8. Sales Tax & Supplementary IHSS Payments

               A.    Sales Tax on Support Services  :  Effective upon  
                date that specified conditions are met, extends sales  
                tax to gross receipts from a provider's sale of  
                support services, as defined, and creates the IHSS  
                Quality Assurance Revenue Fund, into which the tax  
                proceeds will be deposited.  Requires the Department  
                of Social Services and other specified persons or  
                entities to collect, report, and pay, and the Board  
                of Equalization to administer, this extension of the  
                sales tax.  Requires the Director of Health Care  
                Services to seek federal Medicaid approvals for the  
                receipt of matching funds for revenues obtained  
                pursuant to this tax.  Repeals these provisions if  
                specified conditions are met.

               B.    Supplementary Payments to IHSS Providers  :   
                Effective upon date that specified conditions are  
                met, requires the state to make supplementary  
                payments to IHSS providers equal to a prescribed  
                percentage of their gross receipts, with additional  
                amounts as specified.  Excludes these payments from  
                gross receipts and from income.  Repeals these  
                provisions if specified conditions are met.  

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes


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          DLW:nl  10/6/10   Senate Floor Analyses 


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