BILL ANALYSIS
SB 69
Page 1
SENATE THIRD READING
SB 69 (Budget and Fiscal Review Committee)
As Amended November 2, 2009
2/3 vote. Urgency
SENATE VOTE : Vote not relevant
SUMMARY : Requires the Department of Social Services (DSS) to
convene a stakeholder group process and delays implementation of
various provisions in AB 1 X4 (Evans), Chapter 1, Statutes of
2009-10 Fourth Extraordinary Session) and AB 19 X4 (Evans),
Chapter 17, Statutes of 2009-10 Fourth Extraordinary Session
until 60 days after the completion of the stakeholder group
process. Specifically, this bill requires DSS to conduct a full
stakeholder process prior to implementing the provisions that
were intended to be in effect on November 1, 2009. Requires the
stakeholder process to be concluded by February 1, 2010. Also
delays implementation by 60 days after the stakeholder process
is concluded. The process set forth in this bill is patterned
upon previous successful efforts to implement complex policy
changes and will mitigate unintended potential harm to elderly,
frail and disabled consumers.
EXISTING LAW :
1)In July, 2009, AB 1 X4 allocated additional 2009-10 and
2010-11 funds to the Department of Health Care Services and
DSS for a total of 25 new fraud investigation and program
integrity-related positions. AB 1 X4 additionally includes
$10 million in additional funds to be allocated to counties
based on their approved plans. AB 1 X4 also includes
statutory changes to provisions governing the new provider
enrollment form, requiring documentation to be submitted in
person by applicant providers to county offices.
2)At the same time, AB 19 X4 was enacted to enhance program
integrity and anti-fraud protections in the In-Home Supportive
Services (IHSS) program.
3)Several provisions of these two bills specified a November 1,
2009, deadline for implementation requirements for prospective
providers, or those applying to become new providers as of
November 1st 2009 and not providers rendering services to a
different or new consumer (must be completed prior to
SB 69
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receiving payment for services), including:
a) Completion and processing of the new provider enrollment
form;
b) Submission of fingerprints and undergoing a criminal
background check;
c) Attending a provider orientation that provides
information about the rules and requirements for being an
IHSS providers; and,
d) Signing a provider agreement stating that they
understand and agree to the rules and requirements for
being a provider under the IHSS program.
COMMENTS : Twenty-eight counties representing 86% of the state's
caseload have indicated that they will have at least some
difficulty meeting the November 1, 2009 timeframe. These
concerns, outlined in numerous letters sent to the DSS over the
past two months, focus on the incomplete and confusing elements
of the draft and final all county letters, the inaccurate
statements already shared with consumers and providers conveyed
in the all county information notice, and the expectation for
November 1, 2009, as a hard implementation date for the
multiple, complicated changes, engendering a situation where new
providers may not be able to provide necessary services for
consumers already enrolled and determined to need IHSS.
Analysis Prepared by: Christian Griffith / BUDGET / (916)
319-2099
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