BILL NUMBER: SB 142 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Maldonado
FEBRUARY 11, 2009
An act to amend Section 1501 of the Health and Safety
Code, relating to health care facilities. An act to
add Section 12301.22 to the Welfare and Institutions Code, relating
to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 142, as amended, Maldonado. Community care facilities.
In-home supportive services: provider timesheets.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization. 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, the creation by the county of a public
authority, or a contract between the county and a nonprofit
consortium.
Under existing law, the State Department of Social Services is
required, in consultation and coordination with county welfare
departments, to establish and implement statewide hourly task
guidelines and instructions to provide counties with a standard tool
for consistently and accurately assessing service needs and
authorizing service hours to meet those needs.
This bill would require the department to revise the standardized
timesheet used to track the work performed by IHSS providers to
require that the specific times worked by the provider be recorded,
rather than the total hours worked. The bill would require provider
timesheets to be submitted to the county within 30 days of providing
the services recorded on the timesheet.
Existing law requires the department to be responsible for
procuring and implementing a new Case Management Information and
Payroll System (CMIPS) for the IHSS program, as specified.
This bill would be implemented only when the department has
procured and implemented the new CMIPS, but in no event later than
December 31, 2010.
Existing law provides for the licensure and regulation of
community care facilities, as defined, by the State Department of
Social Services.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12301.22 is added to the
Welfare and Institutions Code , to read:
12301.22. (a) The department shall revise the standardized
timesheet used to track the work performed by providers of services
under this article, to require the specific times worked by the
provider to be recorded, rather than the total hours worked.
(b) A provider timesheet shall be submitted to the county within
30 days of providing the services recorded on the timesheet.
(c) This section shall be implemented only when the department has
procured and implemented the new Case Management Information and
Payroll System (CMIPS) provided for in Section 12317, but in no event
later than December 31, 2010.
SECTION 1. Section 1501 of the Health and
Safety Code is amended to read:
1501. (a) The Legislature hereby finds and declares that there
is an urgent need to establish a coordinated and comprehensive
statewide service system of quality community care for mentally ill,
developmentally and physically disabled, and children and adults who
require care or services by a facility or organization issued a
license or special permit pursuant to this chapter.
(b) Therefore, the Legislature declares it is the intent of the
state to develop policies and programs designed to do all of the
following:
(1) Ensure a level of care and services in the community that is
equal to or better than that provided by the state hospitals.
(2) Ensure that all people who require them are provided with the
appropriate range of social rehabilitative, habilitative and
treatment services, including residential and nonresidential programs
tailored to their needs.
(3) Protect the legal and human rights of a person in or
receiving services from a community care facility.
(4) Ensure continuity of care between the medical-health elements
and the supportive care-rehabilitation elements of California's
health systems.
(5) Ensure that facilities providing community care are adequate,
safe, and sanitary.
(6) Ensure that rehabilitative and treatment services are provided
at a reasonable cost.
(7) Ensure that state payments for community care services are
based on a flexible rate schedule varying according to type and cost
of care and services provided.
(8) Encourage the utilization of personnel from state hospitals
and the development of training programs to improve the quality of
staff in community care facilities.
(9) Ensure the quality of community care facilities by evaluating
the care and services provided and furnishing incentives to upgrade
their quality.