BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 69
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  11/2/09
          Vote:     27 - Urgency

           
          PRIOR SENATE VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  68-0, 11/02/09 - See last page for vote


           SUBJECT  :    Budget Act of 2009:  In-Home Supportive  
          Services

           SOURCE  :     Author


           DIGEST  :    As it left the Senate, this bill expressed the  
          intent of the Legislature to enact necessary statutory  
          changes relating to the Budget Act of 2009.

           Assembly Amendments  delete the prior version of the bill  
          and instead require the Department of Social Services to  
          convene a stakeholder group process and delay  
          implementation of various provisions, that were intended to  
          take effect November 1, 2009, pursuant to AB 1XXXX (Evans),  
          Chapter 1, Statutes of 2009-10, Fourth Extraordinary  
          Session, and AB 19XXXX (Evans), Chapter 17, Statutes of  
          2009-10, Fourth Extraordinary Session, until 90 days after  
          the completion of the stakeholder group process.

           ANALYSIS :    

                                                           CONTINUED





                                                                 SB 69
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           Existing Law

           1. In July 2009, AB 1XXXX allocated additional 2009-10 and  
             2010-11 funds to the Department of Health Care Services  
             and the Department of Social Services (DSS) for a total  
             of 25 new fraud investigation and program  
             integrity-related positions.  AB 1XXXX additionally  
             included $10 million in additional funds to be allocated  
             to counties based on their approved plans.  AB 1XXXX  
             also included 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 19XXXX 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 1 and  
             not providers providing services to a different or new  
             consumer (must be completed prior to 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 provider.

             D.    Signing a provider agreement stating that they  
                understand agree to the rules and requirements for  
                being a provider under the IHSS program.

          This bill:

          1. Requires DSS to convene a stakeholder group process and  
             delays implementation of various provisions that were  







                                                                 SB 69
                                                                Page  
          3

             intended to take effect November 1, 2009 pursuant to AB  
             4XXXX (Evans), Chapter 4, Statutes of 2009-10, Fourth  
             Extraordinary Session, and AB 19XXXX (Evans), Chapter  
             17, Statutes of 2009-10, Fourth Extraordinary Session,  
             until 60 days after the completion of the stakeholder  
             group process, which shall conclude no later than  
             February 1, 2010.

          2. Requires DSS to notify the Joint Legislative Budget  
             Committee of the completion of each stakeholder meeting,  
             no later than February 1, 2010, if DSS conducts a series  
             of stakeholder meetings.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuller,  
            Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman,  
            Harkey, Hayashi, Hill, Huber, Huffman, Jones, Knight,  
            Krekorian, Lieu, Bonnie Lowenthal, Ma, Monning, Nestande,  
            Niello, Nielsen, John A. Perez, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, Bass
          NO VOTE RECORDED:  Tom Berryhill, De Leon, Fuentes, Hall,  
            Hernandez, Jeffries, Logue, Mendoza, Miller, Nava, Audra  
            Strickland, Vacancy


          JJA:mw:do  11/3/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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