BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1612
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          AB 1612 (Budget Committee)
          As Amended  October 6, 2010
          2/3 vote.  Urgency
          |ASSEMBLY:  |     |(April 22,      |SENATE: |27-8 |(October 7,    |
          |           |     |2010)           |        |     |2010)          |
                    (vote not relevant)
           Original Committee Reference:    BUDGET  

           SUMMARY  :  This is the Human Services Budget Trailer Bill.  It  
          contains provisions necessary to implement the 2010-11 budget.

           The Senate amendments  delete the Assembly version of this bill,  
          and instead:

          1)Clarify that, upon request and for research purposes, the  
            Office of Statewide Health Planning and Development can share  
            confidential patient-level health information with only the  
            University of California and similar non-profit education  

          2)Suspend, 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 (Community Care Licensing). 

          3)Child Support Services

             a)   Extend existing reporting and evaluation requirements  
               related to revenue stabilization funding to any year for  
               which such an appropriation is made. 

             b)   Authorize the State Registrar to disclose information  
               regarding a mother's marital status to the Department of  
               Child Support Services for the purposes of demographic and  
               statistical analysis.  Requires the Department of Child  
               Support Services to keep that information confidential.

          4)Child Welfare Services and Foster Care

             a)   Delay, for one additional year to July 1, 2011,  


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               implementation of provisions enacted by AB 2488 (Leno),  
               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  

             b)   To implement new federal requirements, include  
               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.   
               Further, clarifies the circumstances and terms under which  
               the state may enter into an agreement with an Indian tribe,  
               consortium of tribes or tribal organization regarding the  
               care and custody of, and jurisdiction over, Indian  

             c)   Require 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. 


             a)   Extend 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  
               (Niello), 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)   Delay 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  


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               statewide implementation of a CalWORKs county peer review  
               process to no later than July 1, 2011.

          6)Food Stamps

             a)   Require counties, no later than April 1 or July 1, 2011  
               (depending on 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)   Allow 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  

          7)In-Home Supportive Services (IHSS)  

             a)   Delay implementation, until July 1, 2012, of service  
               reductions that were enacted by AB 4 X4 (Evans), Chapter 4,  
               Statutes of 2009-10 Fourth Extraordinary Session, including  
               the elimination of domestic and related services, subject  
               to specified exemptions, provided to individuals with  
               functional index rankings of less than four and the  
               elimination of all services provided to individuals with  
               functional index scores of less than two.  These provisions  
               have not taken effect as a result of pending litigation.   
               Further, conditions implementation of these changes on  
               issuance by a court of competent jurisdiction of a  
               specified order upholding these reductions.  

               Effective 90 days after enactment and until June 30, 2012,  
               reduces by 3.6% the hours of authorized service, pursuant  
               to their most recent assessment, provided to IHSS  
               recipients.  On July 1, 2012, the recipient's authorized  
               service hours would be restored.  Specifies that recipients  
               may direct the manner in which the reduction is applied.   
               Requires the Department of Social Service (DSS) to provide  
               recipients with comprehensible notice of the reduction and  
               its temporary nature.  

             b)   Extend a sales tax on providers of support services,  


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               measured by gross receipts from the sale of those services.  
                Requires the DSS and other specified persons or entities  
               to collect, report, and pay, and the Board of Equalization  
               to administer, the sales tax.  Requires the Director of  
               Health Care Services to seek federal Medicaid approval to  
               draw down specified matching funds.

             c)   Require the state to make a supplemental Medicaid  
               payment to IHSS providers, measured by gross receipts paid  
               to the provider and paid out of the In-Home Supportive  
               Services Revenue Fund established by the bill.  Repeals  
               these provisions if relevant federal approval sought by the  
               Director of Health Care Services is denied.

             d)   Specify other criminal convictions, including  
               convictions for certain violent and serious felonies, fraud  
               in the obtaining of aid, and designated felony sex  
               offenses, that would preclude specified provider applicants  
               from becoming a provider of IHSS, in addition to the  
               criminal convictions that exclude a person from providing  
               or being paid to provide IHSS under existing law.  Applies  
               the new criminal conviction exclusions commencing 90 days  
               following the effective date of the bill.  Requires the  
               provider enrollment form to be revised to include the  
               excludable criminal convictions provided for by the bill.  

               Authorize a recipient to employ a particular provider who  
               has been convicted of an excludable offense identified in  
               the bill by submitting an individual waiver to the county.   
               Prescribes the county's duties with respect to processing  
               these individual waivers.  Authorizes a provider applicant  
               with an excludable criminal conviction to seek a general  
               exception, in order to provide services to the general  
               recipient population, and prescribes the criteria to be  
               used by the DSS in determining whether to grant the  
               exception.  Specifies applicable notice and administrative  
               hearing requirements, and other duties of the department in  
               connection with implementation.  

               Require a nonprofit consortium, public authority, or county  
               with criminal background check authority to secure a  
               criminal background check clearance to accept a clearance  
               for certain individuals who have been deemed eligible to  
               receive payment under the IHSS program by another nonprofit  
               consortium, public authority, or county with criminal  


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               background check authority.  

             e)   Delay implementation, until July 1, 2012, of the  
               provisions added by SB 6 (Ducheny), 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.  Further, conditions  
               implementation of this change on issuance by a court of  
               competent jurisdiction of a specified order validating the  
               wage and benefit reductions.  These provisions are not in  
               effect as a result of pending litigation.  

          8)Allow for emergency regulations or all-county letters to  
            ensure timely implementation of certain provisions.  Declares  
            that this bill is to take effect immediately.

          9)Urgency Clause.  Declares this bill take effect immediately as  
            an urgency statute.

           AS PASSED BY THE ASSEMBLY  , this bill was a vehicle for 2009  
          Budget legislation.

           Analysis Prepared by  :   Nicole Vazquez / BUDGET / (916) 319-2099

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