BILL NUMBER: AB 1471	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN SENATE  JUNE 13, 2012

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

                        JANUARY 10, 2012

   An act to amend Sections 6253.2, 6531.5, 110001, 110003, 110011,
110012, 110013, 110019, 110022, 110023, 110024, 110029, 110031,
110034, and 110035 of the Government Code, to amend Sections 1502 and
1531.15 of the Health and Safety Code, to amend Sections 4094.7,
5405, 6500, 10101.1, 11265.45, 11265.47, 11322.8, 11325.21, 11325.23,
11334.8, 11451.5, 12300.5, 12300.7, 12302.21, 12302.25, 12302.6,
12306, 12306.1, 12306.15, 12330, 14186.35, 18906.55, and 18987.7 of
the Welfare and Institutions Code, and to amend Section 17 of Chapter
45 of the Statutes of 2012, relating to human services, and making
an appropriation therefor, to take effect immediately, bill related
to the budget.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1471, as amended, Committee on Budget. Human services.
   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 authorizes 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. Existing law establishes the California In-Home
Supportive Services Authority (Statewide Authority) and requires the
authority to be the entity authorized to meet and confer in good
faith regarding wages, benefits, and other terms and conditions of
employment with representatives of recognized employee organizations
for any individual provider who is employed by a recipient of
supportive services.
   Existing law establishes the In-Home Supportive Services
Employer-Employee Relations Act, which serves to resolve disputes
regarding wages, benefits, and other terms and conditions of
employment between the Statewide Authority and recognized employee
organizations. Existing law authorizes individual providers to form,
join, and participate in the activities of employee organizations for
the purpose of representation on all matters within the scope of
representation. Under existing law, the Statewide Authority is the
employer of record, for collective bargaining purposes, of individual
providers of in-home supportive services in each county upon
implementation by a county.
   This bill, would, among other things, clarify that predecessor
agencies to the Statewide Authority cannot meet and confer in good
faith with a recognized employee organization after the Statewide
Authority assumes those agencies' rights and responsibilities. The
bill would also require, if the Statewide Authority and the
recognized employee organization negotiate changes to locally
administered health benefits, the Statewide Authority to give a
county and a specified entity 90 days' notice before the changes are
implemented. This bill would provide that the scope of representation
shall exclude providing assistance to IHSS recipients through the
establishment of emergency backup services. This bill would change
references from the employer and public agency to the Statewide
Authority in these provisions, and would make other technical and
clarifying changes to these provisions.
   Existing law authorizes managed care health plans, as defined, to
assume the authority, previously granted to counties, to contract for
the provision of in-home supportive services with a qualified
agency, as defined, subject to specified restrictions and
requirements. Existing law requires qualified agencies to establish
procedures to ensure specified contract limitations on caseload are
being met and there is coordination of information between managed
care health plans, qualified agencies, counties, and the department.
   This bill would, among other things, create an alternative means
to meet a documentation requirement for entities seeking
authorization as a qualified agency, as specified, and would specify
that counties and managed care health plans are also required to
establish those procedures. By increasing the duties of local
entities, this bill would create a state-mandated local program. This
bill would provide that the state shall be immune from liability
resulting from the state's implementation of those provisions, and
from the negligence or intentional torts of a contract provider
providing services pursuant to those provisions.
   Existing law requires all counties, commencing July 1, 2012, to
have a County IHSS Maintenance of Effort (MOE), and requires counties
to pay the County IHSS MOE instead of paying the nonfederal share of
IHSS costs, as specified.
   This bill would specify that the MOE shall be adjusted for the
annualized cost of increases in provider wages or health benefits
that are locally negotiated, mediated, or imposed before the
Statewide Authority assumes specified responsibilities for certain
counties. This bill would require the Department of Finance to
consult with a specified organization, as prescribed, to implement
the MOE.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions. One of the methods by which these
services are provided is pursuant to contracts with various types of
managed care plans. Existing law provides that, not sooner than March
1, 2013, IHSS shall be a Medi-Cal benefit available through managed
care health plans in specified counties, and requires managed care
health plans to, among other things, enter into a contract with the
State Department of Social Services to pay wages to IHSS providers,
as specified. Existing law requires the department to assume
responsibility for providing workers' compensation coverage for
specified employees who provide in-home supportive services pursuant
to contracts with counties.
   This bill would, among other things, require managed care health
plans to enter into a contract with the department to pay benefits to
IHSS providers, as specified. This bill would provide that a managed
care health plan shall not be deemed to be the employer of an
in-home supportive services provider for purposes of liability, as
specified. This bill would also require the department to provide
workers' compensation coverage for specified employees pursuant to
contracts with managed care health plans.
   Existing law provides that specified provisions relating to the
California In-Home Supportive Services Authority and managed care
health plans that contract for the provision of in-home supportive
services shall become inoperative under certain circumstances.
   This bill would include among those provisions the In-Home
Supportive Services Employer-Employee Relations Act.
   Existing law, the California Community Care Facilities Act, among
other provisions, authorizes a licensee of certain adult residential
facilities or group homes to utilize secured perimeters, as defined.
Under existing law, only individuals meeting specified criteria may
reside in a facility that utilizes secured perimeters. These criteria
include a requirement that the individual is not a foster care child
under the jurisdiction of the juvenile court pursuant to specified
law.
   This bill would revise the list of laws, pursuant to which the
juvenile court has jurisdiction over a foster child, for purposes of
eligibility to reside in a facility with secured perimeters, as
described above.
   Under existing law, prior to the initial licensure or first
renewal of a license of any person to operate or manage specified
psychiatric and mental health care facilities, the State Department
of Social Services is required to submit fingerprint images and other
information pertaining to the applicant or licensee to the
Department of Justice. Existing law imposes similar requirements on
the State Department of Social Services upon the employment of, or
contract with or for, any direct care staff.
   This bill would transfer the responsibilities of the State
Department of Social Services with respect to submitting the
fingerprint images and information described above to the applicant,
licensee, or direct care staff person, as appropriate.
   Existing law requires each county to pay 30% of the nonfederal
share of costs of administering the CalFresh program.
   Existing law also requires counties to expend an amount for
programs that provide services to needy families that, when combined
with the funds expended above for the administration of the CalFresh
program, equals or exceeds the amount spent by the county for
corresponding activities during the 1996-97 fiscal year.
   Existing law provides that any county that equals or exceeds the
amount spent by the county for corresponding activities during the
1996-97 fiscal year entirely through expenditures for the
administration of the CalFresh program in the 2010-11 and 2011-12
fiscal years shall receive the full state General Fund allocation for
the administration of the CalFresh program without paying the county'
s share of the nonfederal costs for the amount above the 1996-97
expenditure requirement.
   This bill would extend counties' eligibility to receive the full
allocation for CalFresh administration under the above circumstances
to the 2012-13 state fiscal year.
   This bill would make various other technical changes to provisions
relating to health and human services programs.
   This bill would appropriate $1,000 from the General Fund to the
California Health and Human Services Agency.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6253.2 of the Government Code, as added by
Section 1 of Chapter 804 of the Statutes of 1999, is amended to read:

   6253.2.  (a) Notwithstanding any other provision of this chapter
to the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, shall not be
subject to public disclosure pursuant to this chapter, except as
provided in subdivision (b).
   (b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301.6 or Section 12302.25 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation, and
assistance activities of the labor organization.
   (c) This section shall apply solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
   (d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
   (e) This section shall become operative only if Chapter 45 of the
Statutes of 2012 is deemed inoperative pursuant to Section 15 of that
chapter.
  SEC. 2.  Section 6253.2 of the Government Code, as amended by
Section 1 of Chapter 45 of the Statutes of 2012, is amended to read:
   6253.2.  (a) Notwithstanding any other provision of this chapter
to the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code, or services provided pursuant to
Section 14132.95, 14132.952, or 14132.956 of the Welfare and
Institutions Code, shall not be subject to public disclosure pursuant
to this chapter, except as provided in subdivision (b).
   (b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to Section 12301.6 or 12302.25
of the Welfare and Institutions Code or the In-Home Supportive
Services Employer-Employee Relations Act (Title 23 (commencing with
Section 110000)). This information shall not be used by the receiving
entity for any purpose other than the employee organizing,
representation, and assistance activities of the labor organization.
   (c) This section shall apply solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code), the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code, the In-Home Supportive Services Plus Option pursuant to Section
14132.952 of the Welfare and Institutions Code, or the Community
First Choice Option pursuant to Section 14132.956 of the Welfare and
Institutions Code.
   (d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the In-Home
Supportive Services Employer-Employee Relations Act (Title 23
(commencing with Section 110000)) or any other labor relations law.
   (e) This section shall become inoperative only if Chapter 45 of
the Statutes of 2012 is deemed inoperative pursuant to Section 15 of
that chapter.
  SEC. 3.  Section 6531.5 of the Government Code is amended to read:
   6531.5.  (a) There is hereby created the California In-Home
Supportive Services Authority, hereafter referred to as the Statewide
Authority. Notwithstanding any other law, the Statewide Authority
shall be deemed a joint powers authority created pursuant to this
article and is a public entity separate and apart from the parties
that have appointing power to the Statewide Authority or the
employers of those individuals so appointed. Notwithstanding the
requirements of this article, an agreement shall not be required to
create the Statewide Authority.
   (b) The Statewide Authority shall consist of the following five
members:
   (1) Two members shall be county officials who are appointed by,
and who serve at the pleasure of, the Governor.
   (2) Three members shall be the Director of Social Services, the
Director of Health Care Services, and the Director of Finance in
their ex officio capacities, or their duly appointed representatives.

   (c) The members of the Statewide Authority shall serve without
compensation.
   (d) The Statewide Authority shall not be subject to Sections 6501,
6505, and 53051.
   (e) The Statewide Authority shall appoint an advisory committee
that shall be comprised of not more than 13 individuals. No less than
50 percent of the membership of the advisory committee shall be
individuals who are current or past users of personal assistance
services paid for through public or private funds or recipients of
in-home supportive services.
   (1) At least two members of the advisory committee shall be a
current or former provider of in-home supportive services.
   (2) Individuals who represent organizations that advocate for
people with disabilities or seniors may be appointed to the advisory
committee.
   (3) Individuals from each representative organization that are
designated representatives of IHSS providers shall be appointed to
the advisory committee.
   (4) The Statewide Authority shall designate a department employee
to provide ongoing advice and support to the advisory committee.
   (f) Prior to the appointment of members to a committee authorized
by subdivision (e), the Statewide Authority shall solicit
recommendations for qualified members through a fair and open process
that includes the provision of reasonable written notice to, and
reasonable response time by, members of the general public and
interested persons and organizations.
   (g) The advisory committee established pursuant to subdivision (e)
shall provide ongoing advice and recommendations regarding in-home
supportive services to the Statewide Authority, the State Department
of Social Services, and the State Department of Health Care Services.

  SEC. 4.  Section 110001 of the Government Code is amended to read:
   110001.  It is the purpose of this title to promote full
communication between the California In-Home Supportive Services
Authority (the Statewide Authority) and the recognized employee
organization representing individual providers by providing a
reasonable method of resolving disputes regarding wages, benefits,
and other terms and conditions of employment, as defined in Section
110023, between the Statewide Authority for in-home supportive
services and recognized employee organizations. It is also the
purpose of this title to promote the improvement of personnel
management and employer-employee relations within the Statewide
Authority by providing a uniform basis for recognizing the right of
individual providers to join organizations of their own choice and be
represented by those organizations for purposes of collective
bargaining with the Statewide Authority. This title is intended to
strengthen methods of administering employer-employee relations
through the establishment of uniform and orderly methods of
communication between the recognized employee organizations and the
Statewide Authority. Except as expressly provided herein, this title
is not intended to require changes in existing bargaining units or
memoranda of agreement or understanding.
  SEC. 5.  Section 110003 of the Government Code is amended to read:
   110003.  As used in this title:
   (a) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
   (b) "Employee" or "individual provider" means any person
authorized to provide in-home supportive services pursuant to Article
7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division
9 of the Welfare and Institutions Code, and Sections 14132.95,
14132.952, and 14132.956 of the Welfare and Institutions Code,
pursuant to the individual provider mode, as referenced in Section
12302.2 of the Welfare and Institutions Code. As used in this title,
"employee" or "individual provider" does not include any person
providing in-home supportive services pursuant to the county-employed
homemaker mode or the contractor mode, as authorized in Section
12302 of the Welfare and Institutions Code. Individual providers
shall not be deemed to be employees of the Statewide Authority for
any other purpose, except as expressly set forth in this title.
   (c) "Employee organization" means an organization that includes
employees, as defined in subdivision (b), and that has as one of its
primary purposes representing those employees in their relations with
the Statewide Authority.
   (d) "Employer" means, for the purposes of collective bargaining,
the Statewide Authority established pursuant to Section 6531.5. The
in-home supportive services recipient shall be the employer of an
individual in-home supportive services provider with the
unconditional and exclusive right to hire, fire, and supervise his or
her provider.
   (e) "In-home supportive services" or "IHSS" means services
provided pursuant to Article 7 (commencing with Section 12300) of
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code, and Sections 14132.95, 14132.952, and 14132.956 of the Welfare
and Institutions Code.
   (f) "In-home supportive services recipient" means the individual
who receives the in-home supportive services provided by the
individual provider. The in-home supportive services recipient is the
employer for the purposes of hiring, firing, and supervising his or
her respective individual provider.
   (g) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, benefits, and other terms
and conditions of employment, as defined in Section 110023, between
representatives of the employer and the recognized employee
organization or recognized employee organizations through
interpretation, suggestion, and advice.
   (h) "Meet and confer in good faith" means that the employer, or
those representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation prior to the
adoption of the annual Budget Act.
   (i) "Predecessor agency" means a county or an entity established
pursuant to Section 12301.6 of the Welfare and Institutions Code
before the effective date of this title.
   (j) "Recognized employee organization" means an employee
organization that has been formally acknowledged as follows:
   (1) Before the county implementation date as described in
subdivision (a) of Section 12300.7 of the Welfare and Institutions
Code, by a county or an entity established pursuant to Section
12301.6 of the Welfare and Institutions Code, as the representative
of  its employees   individual providers in its
jurisdiction  .
   (2) On or after the county implementation date as described in
subdivision (a) of Section 12300.7 of the Welfare and Institutions
Code, by the Statewide Authority, as the representative of individual
providers subject to this title.
   (k) "Statewide Authority" means the California In-Home Supportive
Services Authority established pursuant to Section 6531.5.
  SEC. 6.  Section 110011 of the Government Code is amended to read:
   110011.  (a) Except as otherwise expressly provided in this title,
the enactment of this title shall not be a cause for the employer or
any predecessor agency to modify or eliminate any existing
memorandum of agreement or understanding, or to modify existing
wages, benefits, or other terms and conditions of employment. Except
to the extent set forth in this title, the enactment of this title
shall not prevent the modification of existing wages, benefits, or
terms and conditions of employment through the meet and confer in
good faith process or, in those situations in which the employees are
not represented by a recognized employee organization, through
appropriate procedures.
   (b) On the county implementation date, subject to Section 12306.15
of the Welfare and Institutions Code, the Statewide Authority shall
assume the predecessor agency's rights and obligations under any
memorandum of understanding or agreement between the predecessor
agency and a recognized employee organization that is in effect on
the county implementation date for the duration thereof. Absent
mutual consent to reopen, the terms of any transferred memorandum of
understanding or agreement shall continue until the memorandum of
understanding or agreement has expired. If a memorandum of
understanding or agreement between a recognized employee organization
and a predecessor agency has expired and has not been replaced by a
successor memorandum of understanding or agreement as of the county
implementation date, the Statewide Authority shall assume the
obligation to meet and confer in good faith with the recognized
employee organization.
   (c) Notwithstanding any other provision of law, except to the
extent set forth in this chapter and as limited by Section 110023,
the terms and conditions of any memorandum of understanding or
agreement between a predecessor agency and a recognized employee
organization in effect on the county implementation date shall not be
reduced, except by mutual agreement between the recognized employee
organization and the Statewide Authority.
   (d) Nothing in this title shall be construed to relieve any
predecessor agency of its obligation to meet and confer in good faith
with a recognized employee organization pursuant to the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1) until the county implementation date. Nothing
in this title shall permit the predecessor agency to meet and confer
after the Statewide Authority assumes the predecessor agency's
rights and obligations on the county implementation date.
   (e) With the exception of all economic terms covered by Section
12306.15 of the Welfare and Institutions Code and notwithstanding any
other provision of law, beginning July 1, 2012, and ending on the
county implementation date as set forth in subdivision (a) of Section
12300.7 of the Welfare and Institutions Code, any alterations or
modifications to either current or expired memoranda of understanding
that were in effect on July 1, 2012, and any newly negotiated
memoranda of understanding or agreements reached after July 1, 2012,
shall be submitted for review to the State Department of Social
Services, hereafter referred to as the department. This review
requirement shall not begin until a county commences transition
pursuant to subdivision (g) of Section 14132.275 of the Welfare and
Institutions Code, and shall be performed by the department until the
Statewide Authority becomes operational, after which date the
Statewide Authority shall continue to perform this review
requirement. If, upon review, but not later than 180 days after the
county commences transition pursuant to subdivision (g) of Section
14132.275 of the Welfare and Institutions Code, the department or
Statewide Authority reasonably determines that there are one or more
newly negotiated or amended noneconomic terms in the memorandum of
understanding or agreement to which it objects for a bona fide
business-related reason, the department or Statewide Authority shall
provide written notice to the signatory recognized employee
organization of each objection and the reason for it. Upon demand
from the recognized employee organization, the department, or the
Statewide Authority, those parties shall meet and confer regarding
the objection and endeavor to reach agreement prior to the county
implementation date.  If an agreement is reached, it shall not
become effective prior to the county implementation date.  If an
agreement is not reached by the county implementation date, the
objectionable language is deemed inoperable as of the county
implementation date. All terms to which no objection is made shall be
deemed accepted by the Statewide Authority. If the Statewide
Authority or the department fails to provide the 180 days' notice of
objection, it shall be deemed waived.
  SEC. 7.  Section 110012 of the Government Code is amended to read:
   110012.  If the Statewide Authority and the recognized employee
organization negotiate changes to locally administered health
benefits for individual providers, the Statewide Authority shall give
90 days' notice to the county and an entity established pursuant to
Section 12301.6 of the Welfare and Institutions Code prior to
implementation of the agreed-upon changes.
  SEC. 8.  Section 110013 of the Government Code is amended to read:
   110013.  The Legislature hereby finds and declares that collective
bargaining for individual providers under this title constitutes a
matter of statewide concern. Therefore, this title is applicable to
all counties, notwithstanding charter provisions to the contrary, as
set forth in Section 110005.
  SEC. 9.  Section 110019 of the Government Code is amended to read:
   110019.  (a) Notwithstanding Section 110002, any other provision
of this title, or any other law, rule, or regulation, an agency shop
agreement may be negotiated between the employer and a recognized
public employee organization that has been recognized as the
exclusive or majority bargaining agent, in accordance with this
title. As used in this title, "agency shop" means an arrangement that
requires an employee, as a condition of continued employment, either
to join the recognized employee organization or to pay the
organization a service fee in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the
organization, to be determined by the organization in accordance with
applicable law.
   (b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the Statewide Authority and a
recognized employee organization that has been recognized as the
exclusive or majority bargaining agent shall be placed in effect,
without a negotiated agreement, upon (1) a signed petition of 30
percent of the employees in the applicable bargaining unit requesting
an agency shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may be filed only after the recognized
employee organization has requested the Statewide Authority to
negotiate on an agency shop arrangement and, beginning seven working
days after the Statewide Authority received this request, the two
parties have had 30 calendar days to attempt good faith negotiations
in an effort to reach agreement. An election that shall not be held
more frequently than once a year shall be conducted by the State
Mediation and Conciliation Service in the event that the Statewide
Authority and the recognized employee organization cannot agree
within 10 days from the filing of the petition to select jointly a
neutral person or entity to conduct the election. In the event of an
agency fee arrangement outside of an agreement that is in effect, the
recognized employee organization shall indemnify and hold the
Statewide Authority harmless against any liability arising from a
claim, demand, or other action relating to the Statewide Authority's
compliance with the agency fee obligation.
   (c) An individual provider who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting public employee
organizations shall not be required to join or financially support a
public employee organization as a condition of employment. The
employee may be required, in lieu of periodic dues, initiation fees,
or agency shop fees, to pay sums equal to the dues, initiation fees,
or agency shop fees to a nonreligious, nonlabor charitable fund
exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code, chosen by the employee from a list of at least three of these
funds, designated in a memorandum of understanding between the
employer and the recognized employee organization, or if the
memorandum of understanding fails to designate the funds, then to a
fund of that type chosen by the employee. Proof of the payments shall
be made on a monthly basis to the employer as a condition of
continued exemption from the requirement of financial support to the
public employee organization.
   (d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for that type of vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit, (2) the vote is by secret ballot, and (3) the
vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one vote
taken during that term.
   (e) A recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the employer with which the
agency shop provision was negotiated, and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec.
401 et seq.) covering employees governed by this title, or required
to file financial reports under Section 3546.5, may satisfy the
financial reporting requirement of this section by providing the
employer with a copy of the financial reports.
  SEC. 10.  Section 110022 of the Government Code is amended to read:

   110022.  Recognized employee organizations shall have the right to
represent their members in their employment relations with the
employer. Employee organizations may establish reasonable
restrictions regarding who may join and may make reasonable
provisions for the dismissal of individuals from membership. Nothing
in this section shall prohibit an employee from appearing on his or
her own behalf in his or her employment relations with the Statewide
Authority.
  SEC. 11.  Section 110023 of the Government Code is amended to read:

   110023.  (a) The scope of representation shall include all matters
relating to wages, benefits, and other terms and conditions of
employment. The scope of representation shall exclude the following
functions performed by, or on behalf of, a county:
   (1) Determining an applicant's eligibility for IHSS benefits.
   (2) Assessing, approving, and authorizing an IHSS recipient's
initial and continuing need for services.
   (3) Enrolling providers and conducting provider orientation.
   (4) Conducting criminal background checks on all potential
providers.
   (5) Providing assistance to IHSS recipients in finding eligible
providers through the establishment of a provider registry, as well
as providing orientation to recipients.
   (6) Pursuing overpayment recovery recollection.
   (7) Performing quality assurance activities.
   (8) Providing assistance to IHSS recipients through the
establishment of emergency backup services.
   (9) Performing any other function or responsibility required
pursuant to statute or regulation to be performed by the county.
   (b) The scope of representation shall also exclude the IHSS
recipient's right to hire, fire, and supervise the individual
provider.
  SEC. 12.  Section 110024 of the Government Code is amended to read:

   110024.  (a) Except in cases of emergency as provided in this
section, the Statewide Authority shall give reasonable written notice
to each recognized employee organization affected by any rule,
practice, or policy directly relating to matters within the scope of
representation proposed to be adopted by the Statewide Authority and
shall give each recognized employee organization the opportunity to
meet with the Statewide Authority.
   (b) In cases of emergency when the Statewide Authority determines
that any rule, policy, or procedure must be adopted immediately
without prior notice or meeting with a recognized employee
organization, the Statewide Authority shall provide notice and an
opportunity to meet at the earliest practicable time following the
adoption of the rule, policy, or procedure.
  SEC. 13.  Section 110029 of the Government Code is amended to read:

   110029.  (a) If, after a reasonable period of time,
representatives of the Statewide Authority and the recognized
employee organization fail to reach agreement, the dispute shall be
referred to mediation before a mediator mutually agreeable to the
parties. If the parties are unable to agree upon the mediator, either
party may request the board to appoint a mediator in accordance with
rules adopted by the board.
   (b) The costs of mediation shall be divided one-half to the
Statewide Authority and one-half to the recognized employee
organization or recognized employee organizations.
  SEC. 14.  Section 110031 of the Government Code is amended to read:

   110031.  (a) If the dispute is not settled within 30 days after
the appointment of the factfinding panel, or, upon agreement by both
parties within a longer period, the panel shall make findings of fact
and recommend terms of settlement, which shall be advisory
                                    only. The factfinders shall
submit, in writing, any findings of fact and recommended terms of
settlement to the parties before they are made available to the
public. The Statewide Authority shall make these findings and
recommendations publicly available within 10 days after their
receipt.
   (b) The costs for the services of the panel chairperson, whether
selected by the board or agreed upon by the parties, shall be equally
divided between the parties, and shall include per diem fees, if
any, and actual and necessary travel and subsistence expenses. The
per diem fees shall not exceed the per diem fees stated on the
chairperson's résumé on file with the board. The chairperson's bill
showing the amount payable by the parties shall accompany his or her
final report to the parties and the board. The chairperson may submit
interim bills to the parties in the course of the proceedings, and
copies of the interim bills shall also be sent to the board. The
parties shall make payment directly to the chairperson.
   (c) Any other mutually incurred costs shall be borne equally by
the Statewide Authority and the employee organization. Any separately
incurred costs for the panel member selected by each party shall be
borne by that party.
   (d) Nothing in this chapter shall be construed to prohibit the
mediator appointed pursuant to Section 110029, upon mutual agreement
of the parties, from continuing mediation efforts on the basis of the
findings of fact and recommended terms of settlement made pursuant
to Section 110031.
  SEC. 15.  Section 110034 of the Government Code is amended to read:

   110034.  The Statewide Authority shall not do any of the
following:
   (a) Impose or threaten to impose reprisals on individual
providers, to discriminate or threaten to discriminate against
individual providers, or otherwise to interfere with, restrain, or
coerce individual providers because of their exercise of rights
guaranteed by this title.
   (b) Deny to employee organizations the rights guaranteed to them
by this title.
   (c) Refuse or fail to meet and negotiate in good faith with a
recognized employee organization. For purposes of this subdivision,
knowingly providing a recognized employee organization with
inaccurate information regarding the financial resources of the
Statewide Authority, whether or not in response to a request for
information, constitutes a refusal or failure to meet and negotiate
in good faith.
   (d) Dominate or interfere with the formation or administration of
any employee organization, contribute financial or other support to
any employee organization, or in any way encourage individual
providers to join any organization in preference to another.
   (e) Refuse to participate in good faith in any applicable impasse
procedure.
  SEC. 16.  Section 110035 of the Government Code is amended to read:

   110035.  (a) The Statewide Authority may adopt reasonable rules
and regulations for all of the following:
   (1) Registering employee organizations.
   (2) Determining the status of organizations and associations as
employee organizations or bona fide associations.
   (3) Identifying the officers and representatives who officially
represent employee organizations and bona fide associations.
   (4) Any other matters that are necessary to carry out the purposes
of this title.
   (b) The board shall establish procedures whereby recognition of
employee organizations formally recognized as majority
representatives pursuant to a vote of the employees may be revoked by
a majority vote of the employees only after a period of not less
than 12 months following the date of recognition.
   (c) The Statewide Authority shall not unreasonably withhold
recognition of employee organizations.
   (d) Employees and employee organizations may challenge a rule or
regulation of the Statewide Authority as a violation of this title.
This subdivision shall not be construed to restrict or expand the
board's jurisdiction or authority as set forth in subdivisions (a) to
(c), inclusive, of Section 3541.3.
  SEC. 17.  Section 1502 of the Health and Safety Code is amended to
read:
   1502.  As used in this chapter:
   (a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
   (1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
   (2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
   (3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
   (4) "Foster family agency" means any organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require
that level of care as an alternative to a group home. Private foster
family agencies shall be organized and operated on a nonprofit basis.

   (5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
   (6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
   (7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
   (8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
   Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
   (9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
   (A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
   (B) Assesses the birth parents, prospective adoptive parents, or
child.
   (C) Places children for adoption.
   (D) Supervises adoptive placements.
   Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
   (10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
   (A) Assesses the prospective adoptive parents.
   (B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
   (C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
   Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
   (11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
   (12) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
   (b) "Department" or "state department" means the State Department
of Social Services.
   (c) "Director" means the Director of Social Services.
  SEC. 18.  Section 1531.15 of the Health and Safety Code is amended
to read:
   1531.15.  (a) A licensee of an adult residential facility or group
home for no more than 15 residents, that is eligible for and serving
clients eligible for federal Medicaid funding and utilizing delayed
egress devices pursuant to Section 1531.1, may install and utilize
secured perimeters in accordance with the provisions of this section.

   (b) As used in this section, "secured perimeters" means fences
that meet the requirements prescribed by this section.
   (c) Only individuals meeting all of the following conditions may
be admitted to or reside in a facility described in subdivision (a)
utilizing secured perimeters:
   (1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
   (2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
   (3) (A) The person shall be 14 years of age or older, except as
specified in subparagraph (B).
   (B) Notwithstanding subparagraph (A), a child who is at least 10
years of age and less than 14 years of age may be placed in a
licensed group home described in subdivision (a) using secured
perimeters only if both of the following occur:
   (i) A comprehensive assessment is conducted and an individual
program plan meeting is convened to determine the services and
supports needed for the child to receive services in a less
restrictive, unlocked residential setting in California, and the
regional center requests assistance from the State Department of
Developmental Services' statewide specialized resource service to
identify options to serve the child in a less restrictive, unlocked
residential setting in California.
   (ii) The regional center requests placement of the child in a
licensed group home described in subdivision (a) using secured
perimeters on the basis that the placement is necessary to prevent
out-of-state placement or placement in a more restrictive, locked
residential setting and the State Department of Developmental
Services approves the request.
   (4) The person is not a foster child under the jurisdiction of the
juvenile court pursuant to Section 300, 450, 601, or 602 of the
Welfare and Institutions Code.
   (5) An interdisciplinary team, through the individual program plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined the person lacks hazard
awareness or impulse control and, for his or her safety and security,
requires the level of supervision afforded by a facility equipped
with secured perimeters, and, but for this placement, the person
would be at risk of admission to, or would have no option but to
remain in, a more restrictive placement. The individual program
planning team shall determine the continued appropriateness of the
placement at least annually.
   (d) The licensee shall be subject to all applicable fire and
building codes, regulations, and standards, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
secured perimeters.
   (e) The licensee shall provide staff training regarding the use
and operation of the secured perimeters, protection of residents'
personal rights, lack of hazard awareness and impulse control
behavior, and emergency evacuation procedures.
   (f) The licensee shall revise its facility plan of operation.
These revisions shall be first be approved by the State Department of
Developmental Services. The plan of operation shall not be approved
by the State Department of Social Services unless the licensee
provides certification that the plan was approved by the State
Department of Developmental Services. The plan shall include, but not
be limited to, all of the following:
   (1) A description of how the facility is to be equipped with
secured perimeters that are consistent with regulations adopted by
the State Fire Marshal pursuant to Section 13143.6.
   (2) A description of how the facility will provide training for
staff.
   (3) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code, and any
applicable personal rights provided in Title 22 of the California
Code of Regulations.
   (4) A description of how the facility will manage residents' lack
of hazard awareness and impulse control behavior.
   (5) A description of the facility's emergency evacuation
procedures.
   (g) Secured perimeters shall not substitute for adequate staff.
   (h) Emergency fire and earthquake drills shall be conducted on
each shift in accordance with existing licensing requirements, and
shall include all facility staff providing resident care and
supervision on each shift.
   (i) Interior and exterior space shall be available on the facility
premises to permit clients to move freely and safely.
   (j) For the purpose of using secured perimeters, the licensee
shall not be required to obtain a waiver or exception to a regulation
that would otherwise prohibit the locking of a perimeter fence or
gate.
   (k) This section shall become operative only upon the publication
in Title 17 of the California Code of Regulations of emergency
regulations filed by the State Department of Developmental Services.
These regulations shall be developed with stakeholders, including the
State Department of Social Services, consumer advocates, and
regional centers. The regulations shall establish program standards
for homes that include secured perimeters, including requirements and
timelines for the completion and updating of a comprehensive
assessment of each consumer's needs, including the identification
through the individual program plan process of the services and
supports needed to transition the consumer to a less restrictive
living arrangement, and a timeline for identifying or developing
those services and supports. The regulations shall establish a
statewide limit on the total number of beds in homes with secured
perimeters. The adoption of these regulations shall be deemed to be
an emergency and necessary for the immediate preservation of the
public peace, health and safety, or general welfare.
  SEC. 19.  Section 4094.7 of the Welfare and Institutions Code is
amended to read:
   4094.7.  (a) A community treatment facility may have both secure
and nonsecure beds. However, the State Department of Health Care
Services shall limit the total number of beds in community treatment
facilities to not more than 400 statewide. The State Department of
Health Care Services shall certify community treatment facilities in
such a manner as to ensure an adequate dispersal of these facilities
within the state. The State Department of Health Care Services shall
ensure that there is at least one facility in each of the State
Department of Social Services' five regional licensing offices.
   (b) The State Department of Health Care Services shall notify the
State Department of Social Services when a facility has been
certified and has met the program standards pursuant to Section 4094.
The State Department of Social Services shall license a community
treatment facility for a specified number of secure beds and a
specified number of nonsecure beds. The number of secure and
nonsecure beds in a facility shall be modified only with the approval
of both the State Department of Social Services and the State
Department of Health Care Services.
   (c) The State Department of Health Care Services shall develop,
with the advice of the State Department of Social Services, county
representatives, providers, and interested parties, the criteria to
be used to determine which programs among applicant providers shall
be licensed. The State Department of Health Care Services shall
determine which agencies best meet the criteria, certify them in
accordance with Section 4094, and refer them to the State Department
of Social Services for licensure.
   (d) Any community treatment facility proposing to serve seriously
emotionally disturbed foster children shall be incorporated as a
nonprofit organization.
  SEC. 20.  Section 5405 of the Welfare and Institutions Code is
amended to read:
   5405.  (a) This section shall apply to each facility licensed by
the State Department of Social Services, or its delegated agent, on
or after January 1, 2003. For purposes of this section, "facility"
means psychiatric health facilities, as defined in Section 1250.2 of
the Health and Safety Code, licensed pursuant to Chapter 9
(commencing with Section 77001) of Division 5 of Title 22 of the
California Code of Regulations and mental health rehabilitation
centers licensed pursuant to Chapter 3.5 (commencing with Section
781.00) of Division 1 of Title 9 of the California Code of
Regulations.
   (b) (1) (A) Prior to the initial licensure or first renewal of a
license on or after January 1, 2003, of any person to operate or
manage a facility specified in subdivision (a), the applicant or
licensee shall submit fingerprint images and related information
pertaining to the applicant or licensee to the Department of Justice
for purposes of a criminal record check, as specified in paragraph
(2), at the expense of the applicant or licensee. The Department of
Justice shall provide the results of the criminal record check to the
department. The department may take into consideration information
obtained from or provided by other government agencies. The
department shall determine whether the applicant or licensee has ever
been convicted of a crime specified in subdivision (c). The
applicant or licensee shall submit fingerprint images and related
information each time the position of administrator, manager, program
director, or fiscal officer of a facility is filled and prior to
actual employment for initial licensure or an individual who is
initially hired on or after January 1, 2003. For purposes of this
subdivision, "applicant" and "licensee" include the administrator,
manager, program director, or fiscal officer of a facility.
   (B) Commencing July 1, 2012, upon the employment of, or contract
with or for, any direct care staff, the direct care staff person or
licensee shall submit fingerprint images and related information
pertaining to the direct care staff person to the Department of
Justice for purposes of a criminal record check, as specified in
paragraph (2), at the expense of the direct care staff person or
licensee. The Department of Justice shall provide the results of the
criminal record check to the department. The department shall
determine whether the direct care staff person has ever been
convicted of a crime specified in subdivision (c). The department
shall notify the licensee of these results. No direct client contact
by the trainee or newly hired staff, or by any direct care contractor
shall occur prior to clearance by the department unless the trainee,
newly hired employee, contractor, or employee of the contractor is
constantly supervised.
   (C) Commencing July 1, 2012, any contract for services provided
directly to patients or residents shall contain provisions to ensure
that the direct services contractor submits to the Department of
Justice fingerprint images and related information pertaining to the
direct services contractor for submission to the State Department of
Social Services for purposes of a criminal record check, as specified
in paragraph (2), at the expense of the direct services contractor
or licensee. The Department of Justice shall provide the results of
the criminal record check to the department. The department shall
determine whether the direct services contractor has ever been
convicted of a crime specified in subdivision (c). The department
shall notify the licensee of these results.
   (2) If the applicant, licensee, direct care staff person, or
direct services contractor specified in paragraph (1) has resided in
California for at least the previous seven years, the applicant,
licensee, direct care staff person, or direct services contractor
shall only submit one set of fingerprint images and related
information to the Department of Justice. The Department of Justice
shall charge a fee sufficient to cover the reasonable cost of
processing the fingerprint submission. Fingerprints and related
information submitted pursuant to this subdivision include
fingerprint images captured and transmitted electronically. When
requested, the Department of Justice shall forward one set of
fingerprint images to the Federal Bureau of Investigation for the
purpose of obtaining any record of previous convictions or arrests
pending adjudication of the applicant, licensee, direct care staff
person, or direct services contractor. The results of a criminal
record check provided by the Department of Justice shall contain
every conviction rendered against an applicant, licensee, direct care
staff person, or direct services contractor, and every offense for
which the applicant, licensee, direct care staff person, or direct
services contractor is presently awaiting trial, whether the person
is incarcerated or has been released on bail or on his or her own
recognizance pending trial. The department shall request subsequent
arrest notification from the Department of Justice pursuant to
Section 11105.2 of the Penal Code.
   (3) An applicant and any other person specified in this
subdivision, as part of the background clearance process, shall
provide information as to whether or not the person has any prior
criminal convictions, has had any arrests within the past 12-month
period, or has any active arrests, and shall certify that, to the
best of his or her knowledge, the information provided is true. This
requirement is not intended to duplicate existing requirements for
individuals who are required to submit fingerprint images as part of
a criminal background clearance process. Every applicant shall
provide information on any prior administrative action taken against
him or her by any federal, state, or local government agency and
shall certify that, to the best of his or her knowledge, the
information provided is true. An applicant or other person required
to provide information pursuant to this section that knowingly or
willfully makes false statements, representations, or omissions may
be subject to administrative action, including, but not limited to,
denial of his or her application or exemption or revocation of any
exemption previously granted.
   (c) (1) The State Department of Social Services shall deny any
application for any license, suspend or revoke any existing license,
and disapprove or revoke any employment or contract for direct
services, if the applicant, licensee, employee, or direct services
contractor has been convicted of, or incarcerated for, a felony
defined in subdivision (c) of Section 667.5 of, or subdivision (c) of
Section 1192.7 of, the Penal Code, within the preceding 10 years.
   (2) The application for licensure or renewal of any license shall
be denied, and any employment or contract to provide direct services
shall be disapproved or revoked, if the
                 criminal record of the person includes a conviction
in another jurisdiction for an offense that, if committed or
attempted in this state, would have been punishable as one or more of
the offenses referred to in paragraph (1).
   (d) (1) The State Department of Social Services may approve an
application for, or renewal of, a license, or continue any employment
or contract for direct services, if the person has been convicted of
a misdemeanor offense that is not a crime upon the person of
another, the nature of which has no bearing upon the duties for which
the person will perform as a licensee, direct care staff person, or
direct services contractor. In determining whether to approve the
application, employment, or contract for direct services, the
department shall take into consideration the factors enumerated in
paragraph (2).
   (2) Notwithstanding subdivision (c), if the criminal record of a
person indicates any conviction other than a minor traffic violation,
the State Department of Social Services may deny the application for
license or renewal, and may disapprove or revoke any employment or
contract for direct services. In determining whether or not to deny
the application for licensure or renewal, or to disapprove or revoke
any employment or contract for direct services, the department shall
take into consideration the following factors:
   (A) The nature and seriousness of the offense under consideration
and its relationship to the person's employment, duties, and
responsibilities.
   (B) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.
   (C) The time that has elapsed since the commission of the conduct
or offense and the number of offenses.
   (D) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
   (E) Any rehabilitation evidence, including character references,
submitted by the person.
   (F) Employment history and current employer recommendations.
   (G) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
   (H) The granting by the Governor of a full and unconditional
pardon.
   (I) A certificate of rehabilitation from a superior court.
   (e) Denial, suspension, or revocation of a license, or disapproval
or revocation of any employment or contract for direct services
specified in subdivision (c) and paragraph (2) of subdivision (d) are
not subject to appeal, except as provided in subdivision (f).
   (f) After a review of the record, the director may grant an
exemption from denial, suspension, or revocation of any license, or
disapproval of any employment or contract for direct services, if the
crime for which the person was convicted was a property crime that
did not involve injury to any person and the director has substantial
and convincing evidence to support a reasonable belief that the
person is of such good character as to justify issuance or renewal of
the license or approval of the employment or contract.
   (g) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere shall be deemed a conviction within the meaning of
this section. The State Department of Social Services may deny any
application, or deny, suspend, or revoke a license, or disapprove or
revoke any employment or contract for direct services based on a
conviction specified in subdivision (c) when the judgment of
conviction is entered or when an order granting probation is made
suspending the imposition of sentence.
   (h) (1) For purposes of this section, "direct care staff" means
any person who is an employee, contractor, or volunteer who has
contact with other patients or residents in the provision of
services. Administrative and licensed personnel shall be considered
direct care staff when directly providing program services to
participants.
   (2) An additional background check shall not be required pursuant
to this section if the direct care staff or licensee has received a
prior criminal history background check while working in a mental
health rehabilitation center or psychiatric health facility licensed
by the State Department of Social Services, and provided the
department has maintained continuous subsequent arrest notification
on the individual from the Department of Justice since the prior
criminal background check was initiated.
   (3) When an application is denied on the basis of a conviction
pursuant to this section, the State Department of Social Services
shall provide the individual whose application was denied with
notice, in writing, of the specific grounds for the proposed denial.
  SEC. 21.  Section 6500 of the Welfare and Institutions Code is
amended to read:
   6500.  (a) For purposes of this article, the following definitions
shall apply:
   (1) "Dangerousness to self or others" shall include, but not be
limited to, a finding of incompetence to stand trial pursuant to the
provisions of Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code when the defendant has been charged with
murder, mayhem, aggravated mayhem, a violation of Section 207, 209,
or 209.5 of the Penal Code in which the victim suffers intentionally
inflicted great bodily injury, robbery perpetrated by torture or by a
person armed with a dangerous or deadly weapon or in which the
victim suffers great bodily injury, carjacking perpetrated by torture
or by a person armed with a dangerous or deadly weapon or in which
the victim suffers great bodily injury, a violation of subdivision
(b) of Section 451 of the Penal Code, a violation of paragraph (1) or
(2) of subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 288 of the Penal Code, any of the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person: a violation
of paragraph (1) or (2) of subdivision (a) of Section 262 of the
Penal Code, a violation of Section 264.1, 286, or 288a of the Penal
Code, or a violation of subdivision (a) of Section 289 of the Penal
Code; a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18725, 18740, 18745, 18750, or 18755
of the Penal Code, or if the defendant has been charged with a felony
involving death, great bodily injury, or an act which poses a
serious threat of bodily harm to another person.
   (2) "Developmental disability" shall have the same meaning as
defined in subdivision (a) of Section 4512.
   (b) (1) A person with a developmental disability shall not be
committed to the State Department of Developmental Services pursuant
to this article unless he or she is a person described in paragraph
(2) or (3) of subdivision (a) of Section 7505 and is dangerous to
self or others or the person currently is a resident of a state
developmental center or state-operated community facility pursuant to
an order of commitment made pursuant to this article prior to July
1, 2012, and is being recommitted pursuant to paragraph (3) of this
subdivision.
   (2) If the person with a developmental disability is in the care
or treatment of a state hospital, developmental center, or other
facility at the time a petition for commitment is filed pursuant to
this article, proof of a recent overt act while in the care and
treatment of a state hospital, developmental center, or other
facility is not required in order to find that the person is a danger
to self or others.
   (3) In the event subsequent petitions are filed with respect to a
resident of a state developmental center or a state-operated
community facility committed prior to July 1, 2012, the procedures
followed and criteria for recommitment shall be the same as with the
initial petition for commitment.
   (4) In any proceedings conducted under the authority of this
article, the person alleged to have a developmental disability shall
be informed of his or her right to counsel by the court, and if the
person does not have an attorney for the proceedings, the court shall
immediately appoint the public defender or other attorney to
represent him or her. The person shall pay the cost for the legal
services if he or she is able to do so. At any judicial proceeding
under the provisions of this article, allegations that a person has a
developmental disability and is dangerous to himself or herself or
to others shall be presented by the district attorney for the county
unless the board of supervisors, by ordinance or resolution,
delegates this authority to the county counsel. The clients' rights
advocate for the regional center may attend any judicial proceedings
to assist in protecting the individual's rights.
   (c) (1) Any order of commitment made pursuant to this article with
respect to a person described in paragraph (3) of subdivision (a) of
Section 7505 shall expire automatically one year after the order of
commitment is made. This section shall not be construed to prohibit
any party enumerated in Section 6502 from filing subsequent petitions
for additional periods of commitment. In the event subsequent
petitions are filed, the procedures followed shall be the same as
with an initial petition for commitment.
   (2) Any order of commitment made pursuant to this article on or
after July  1  , 2012, with respect to the admission to a
developmental center of a person described in paragraph (2) of
subdivision (a) of Section 7505 shall expire automatically six months
after the earlier of the order of commitment pursuant to this
section or the order of a placement in a developmental center
pursuant to Section 6506, unless the regional center, prior to the
expiration of the order of commitment, notifies the court in writing
of the need for an extension. The required notice shall state facts
demonstrating that the individual continues to be in acute crisis as
defined in paragraph (1) of subdivision (d) of Section 4418.7 and the
justification for the requested extension, and shall be accompanied
by the comprehensive assessment and plan described in subdivision (e)
of Section 4418.7. An order granting an extension shall not extend
the total period of commitment beyond one year, including any
placement in a developmental center pursuant to Section 6506. If,
prior to expiration of one year, the regional center notifies the
court in writing of facts demonstrating that, due to circumstances
beyond the regional center's control, the placement cannot be made
prior to expiration of the extension, and the court determines that
good cause exists, the court may grant one further extension of up to
30 days. The court may also issue any orders the court deems
appropriate to ensure that necessary steps are taken to ensure that
the individual can be safely and appropriately transitioned to the
community in a timely manner. The required notice shall state facts
demonstrating that the regional center has made significant progress
implementing the plan described in subdivision (e) of Section 4418.7
and that extraordinary circumstances exist beyond the regional center'
s control that have prevented the plan's implementation. Nothing in
this paragraph precludes the individual or any person acting on his
or her behalf from making a request for release pursuant to Section
4800, or counsel for the individual from filing a petition for habeas
corpus pursuant to Section 4801. Notwithstanding subdivision (a) of
Section 4801, for purposes of this paragraph, judicial review shall
be in the superior court of the county that issued the order of
commitment pursuant to this section.
  SEC. 22.  Section 10101.1 of the Welfare and Institutions Code, as
amended by Section 9 of Chapter 69 of the Statutes of 1993, is
amended to read:
   10101.1.  (a) For the 1991-92 fiscal year and each fiscal year
thereafter, the state's share of the costs of the county services
block grant and the in-home supportive services administration
requirements shall be 70 percent of the actual nonfederal
expenditures or the amount appropriated by the Legislature for that
purpose, whichever is less.
   (b) Federal funds received under Title 20 of the federal Social
Security Act (42 U.S.C. Sec. 1397 et seq.) and appropriated by the
Legislature for the county services block grant and the in-home
supportive services administration shall be considered part of the
state share of cost and not part of the federal expenditures for this
purpose.
   (c) This section shall become operative only if Chapter 45 of the
Statutes of 2012 is deemed inoperative pursuant to Section 15 of that
chapter.
  SEC. 23.  Section 10101.1 of the Welfare and Institutions Code, as
amended by Section 4 of Chapter 45 of the Statutes of 2012, is
amended to read:
   10101.1.  (a) For the 1991-92 fiscal year and each fiscal year
thereafter, the state's share of the costs of the county services
block grant and the in-home supportive services administration
requirements shall be 70 percent of the actual nonfederal
expenditures or the amount appropriated by the Legislature for that
purpose, whichever is less.
   (b) Federal funds received under Title 20 of the federal Social
Security Act (42 U.S.C. Sec. 1397 et seq.) and appropriated by the
Legislature for the county services block grant and the in-home
supportive services administration shall be considered part of the
state share of cost and not part of the federal expenditures for this
purpose.
   (c) For the period during which Section 12306.15 is operative,
each county's share of the nonfederal costs of the county services
block grant and the in-home supportive services administration
requirements as specified in subdivision (a) shall remain, but the
County IHSS Maintenance of Effort pursuant to Section 12306.15 shall
be in lieu of that share.
   (d) This section shall become inoperative only if Chapter 45 of
the Statutes of 2012 is deemed inoperative pursuant to Section 15 of
that chapter.
  SEC. 24.  Section 11265.45 of the Welfare and Institutions Code is
amended to read:
   11265.45.  (a) Notwithstanding Sections 11265.1, 11265.2, and
11265.3, a CalWORKs assistance unit that does not include an eligible
adult shall not be subject to periodic reporting requirements other
than the annual redetermination required in Section 11265. This
subdivision shall not apply to a CalWORKs assistance unit in which
the only eligible adult is under sanction in accordance with Section
11327.5.
   (b) For an assistance unit described in subdivision (a), grant
calculations may not be revised to adjust the grant amount during the
year except as provided in subdivisions (c), (d), (e), and (f),
Section 11265.47 and as otherwise established by the department by
regulation.
   (c) Notwithstanding subdivision (b), statutes and regulations
relating to the 48-month time limit, age limitations for children
under Section 11253, and sanctions and financial penalties affecting
eligibility or grant amount shall be applicable as provided in those
statutes and regulations.
   (d) If the county is notified that a child for whom assistance is
currently being paid has been placed in a foster care home, the
county shall discontinue aid to the child at the end of the month of
placement. The county shall discontinue the case if the remaining
assistance unit members are not otherwise eligible.
   (e) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued with timely and adequate notice. The county shall
discontinue the case if the remaining assistance unit members are not
otherwise eligible.
   (f) If an overpayment has occurred, the county shall commence any
applicable grant adjustment in accordance with Section 11004 as of
the first monthly grant after timely and adequate notice is provided.

   (g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
  SEC. 25.  Section 11265.47 of the Welfare and Institutions Code is
amended to read:
   11265.47.  (a) The department shall establish an income reporting
threshold for CalWORKs assistance units described in subdivision (a)
of Section 11265.45.
   (b) The income reporting threshold described in subdivision (a)
shall be the lesser of the following:
   (1) Fifty-five percent of the monthly income for a family of three
at the federal poverty level, plus the amount of income last used to
calculate the recipient's monthly benefits.
   (2) The amount likely to render the recipient ineligible for
federal Supplemental Nutrition Assistance Program benefits.
   (3) The amount likely to render the recipient ineligible for
CalWORKs benefits.
   (c) A recipient described in subdivision (a) of Section 11265.45
shall report to the county, orally or in writing, within 10 days,
when any of the following occurs:
   (1) The monthly household income exceeds the threshold established
pursuant to this section.
   (2) Any change in household composition.
   (3) The household address has changed.
   (4) A drug felony conviction, as specified in Section 11251.3.
   (5) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition or probation or parole, as
specified in Section 11486.5.
   (d) When a recipient described in subdivision (a) of Section
11265.45 reports income or a household composition change pursuant to
subdivision (c), the county shall redetermine eligibility and grant
amounts as follows:
   (1) If the recipient reports an increase in income or household
composition change for the first through 11th months of a year, the
county shall verify the report and determine the recipient's
financial eligibility and grant amount.
   (A) If the recipient is determined to be financially ineligible
based on the increase in income or household composition change, the
county shall discontinue the recipient with timely and adequate
notice, effective at the end of the month in which the change
occurred.
   (B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, or increase or decrease
based on a change in household composition, the county shall increase
or reduce the recipient's grant amount for the remainder of the year
with timely and adequate notice, effective the first of the month
following the month in which the change occurred.
   (2) If the recipient reports an increase in income for the 12th
month of a grant year, the county shall verify this report and
consider this income in redetermining eligibility and the grant
amount for the following year.
   (e) During the year, a recipient described in subdivision (a) of
Section 11265.45 may report to the county, orally or in writing, any
changes in income that may increase the recipient's grant. Increases
in the grant that result from reported changes in income shall be
effective for the entire month in which the change is reported and
any remaining months in the year. If the reported change in income
results in an increase in benefits, the county shall issue the
increased benefit amount within 10 days of receiving required
verification.
   (f) During the year, a recipient described in subdivision (a) of
Section 11265.45 may request that the county discontinue the
recipient's entire assistance unit or any individual member of the
assistance unit who is no longer in the home or is an optional member
of the assistance unit. If the recipient's request is verbal, the
county shall provide a 10-day notice before discontinuing benefits.
If the recipient's request is in writing, the county shall
discontinue benefits effective the end of the month in which the
request is made, and simultaneously shall issue a notice informing
the recipient of the discontinuance.
   (g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
  SEC. 26.  Section 11322.8 of the Welfare and Institutions Code, as
added by Section 16 of Chapter 47 of the Statutes of 2012, is amended
to read:
   11322.8.  (a) For a recipient required to participate in
accordance with paragraph (1) of subdivision (a) of Section 11322.85,
unless the recipient is otherwise exempt, the following shall apply:

   (1) (A) An adult recipient in a one-parent assistance unit that
does not include a child under six years of age shall participate in
welfare-to-work activities for 30 hours each week.
   (B) An adult recipient in a one-parent assistance unit that
includes a child under six years of age shall participate in
welfare-to-work activities for 20 hours each week.
   (2) An adult recipient who is an unemployed parent, as defined in
Section 11201, shall participate in at least 35 hours of
welfare-to-work activities each week. However, both parents in a
two-parent assistance unit may contribute to the 35 hours.
   (b) For a recipient required to participate in accordance with
paragraph (3) of subdivision (a) of Section 11322.85, the following
shall apply:
   (1) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit shall participate in welfare-to-work activities for
30 hours per week, subject to the special rules and limitations
described in Section 607(c)(1)(A) of Title 42 of the United States
Code as of the operative date of this section, as provided in
subdivision (c).
   (2) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit that includes a child under six years of age shall
participate in welfare-to-work activities for 20 hours each week, as
described in Section 607 (c)(2)(B) of Title 42 of the United States
Code as of the operative date of this section, as provided in
subdivision (c).
   (3) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
welfare-to-work activities for 35 hours per week, subject to the
special rules and limitations described in Section 607(c)(1)(B) of
Title 42 of the United States Code as of the operative date of this
section, as provided in subdivision (c).
   (c) This section shall become operative on January 1, 2013.
  SEC. 27.  Section 11325.21 of the Welfare and Institutions Code is
amended to read:
   11325.21.  (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (b) of Section 11320.1,
but no more than 90 days after the date that a recipient's
eligibility for aid is determined or the date the recipient is
required to participate in welfare-to-work activities pursuant to
Section 11320.3. The recipient and the county may enter into a
welfare-to-work plan as late as 90 days after the completion of the
job search activity, as defined in subdivision (a) of Section
11320.1, if the job search activity is initiated within 30 days after
the recipient's eligibility for aid is determined. The plan shall
include the activities and services that will move the individual
into employment.
   (b) The county shall allow the participant three working days
after completion of the plan or subsequent amendments to the plan in
which to evaluate and request changes to the terms of the plan.
   (c) The plan shall be written in clear and understandable
language, and have a simple and easy-to-read format.
   (d) The plan shall contain at least all of the following general
information:
   (1) A general description of the program provided for in this
article, including available program components and supportive
services.
   (2) A general description of the rights, duties, and
responsibilities of program participants, including a list of the
exemptions from the required participation under this article, the
consequences of a refusal to participate in program components, and
criteria for successful completion of the program.
   (3) A description of the grace period required in paragraph (5) of
subdivision (b) of Section 11325.22.
   (e) The plan shall specify, and shall be amended to reflect
changes in, the participant's welfare-to-work activity, a description
of services to be provided in accordance with Sections 11322.6,
11322.8, and 11322.85, as needed, and specific requirements for
successful completion of assigned activities including required hours
of participation.
   The plan shall also include a general description of supportive
services pursuant to Section 11323.2 that are to be provided as
necessary for the participant to complete assigned program
activities.
   (f) Any assignment to a program component shall be reflected in
the plan or an amendment to the plan. The participant shall maintain
satisfactory progress toward employment through the methods set forth
in the plan, and the county shall provide the services pursuant to
Section 11323.2.
   (g) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.
  SEC. 28.  Section 11325.23 of the Welfare and Institutions Code is
amended to read:
   11325.23.  (a) (1) Except as provided in paragraph (2), any
student who, at the time he or she is required to participate under
this article pursuant to Section 11320.3, is enrolled in any
undergraduate degree or certificate program that leads to employment
may continue in that program if he or she is making satisfactory
progress in that program, the county determines that continuing in
the program is likely to lead to self-supporting employment for that
recipient, and the welfare-to-work plan reflects that determination.
   (2) Any individual who possesses a baccalaureate degree shall not
be eligible to participate under this section unless the individual
is pursuing a California regular classroom teaching credential in a
college or university with an approved teacher credential preparation
program.
   (3) (A) Subject to the limitation provided in subdivision (f), a
program shall be determined to lead to employment if it is on a list
of programs that the county welfare department and local education
agencies or providers agree lead to employment. The list shall be
agreed to annually, with the first list completed no later than
January 31, 1998. By January 1, 2000, all educational providers shall
report data regarding programs on the list for the purposes of the
report card established under Section 15037.1 of the Unemployment
                                              Insurance Code for the
programs to remain on the list.
   (B) For students not in a program on the list prepared under
subparagraph (A), the county shall determine if the program leads to
employment. The recipient shall be allowed to continue in the program
if the recipient demonstrates to the county that the program will
lead to self-supporting employment for that recipient and the
documentation is included in the welfare-to-work plan.
   (C) If participation in educational or vocational training, as
determined by the number of hours required for classroom, laboratory,
or internship activities, is not at least 30 hours, or if
subparagraph (B) of paragraph (1) of subdivision (a) of Section
11322.8 applies, 20 hours, the county shall require concurrent
participation in work activities pursuant to subdivisions (a) to (j),
inclusive, of Section 11322.6 and Section 11325.22.
   (b) Participation in the self-initiated education or vocational
training program shall be reflected in the welfare-to-work plan
required by Section 11325.21. The welfare-to-work plan shall provide
that whenever an individual ceases to participate in, refuses to
attend regularly, or does not maintain satisfactory progress in the
self-initiated program, the individual shall participate under this
article in accordance with Section 11325.22.
   (c) Any person whose previously approved self-initiated education
or training program is interrupted for reasons that meet the good
cause criteria specified in subdivision (f) of Section 11320.3 may
resume participation in the same program if the participant
maintained good standing in the program while participating and the
self-initiated program continues to meet the approval criteria.
   (d) Supportive services reimbursement shall be provided for any
participant in a self-initiated training or education program
approved under this subdivision. This reimbursement shall be provided
if no other source of funding for those costs is available. Any
offset to supportive services payments shall be made in accordance
with subdivision (e) of Section 11323.4.
   (e) Any student who, at the time he or she is required to
participate under this article pursuant to Section 11320.3, has been
enrolled and is making satisfactory progress in a degree or
certificate program, but does not meet the criteria set forth in
subdivision (a), shall have until the beginning of the next
educational semester or quarter break to continue his or her
educational program if he or she continues to make satisfactory
progress. At the time the educational break occurs, the individual is
required to participate pursuant to Section 11320.1. A recipient not
expected to complete the program by the next break may continue his
or her education, provided he or she transfers at the end of the
current quarter or semester to a program that qualifies under that
subdivision, the county determines that participation is likely to
lead to self-supporting employment of the recipient, and the
welfare-to-work plan reflects that determination.
   (f) Any degree, certificate, or vocational program offered by a
private postsecondary training provider shall not be approved under
this section unless the program is either approved or exempted by the
appropriate state regulatory agency and the program is in compliance
with all other provisions of law.
  SEC. 29.  Section 11334.8 of the Welfare and Institutions Code is
amended to read:
   11334.8.  (a) Notwithstanding any other law, this article shall be
fully operative commencing April 1, 2013. For the period of July 1,
2012, to March 31, 2013, inclusive, this article shall be operative
in accordance with the provisions described in subdivision (b).
   (b) Commencing July 1, 2012, until March 31, 2013, all of the
following shall apply:
   (1) For the 2012-13 fiscal year, counties shall be provided with
full or partial year funding, depending on the pace of their phase-in
to full implementation of the program by April 1, 2013, as
determined by the department, in collaboration with county welfare
directors.
   (2) Recipients of aid, as defined in Section 11331.5, shall be
required to participate in Cal-Learn Program intensive case
management services, as defined in subdivision (a) of Section
11332.5, only in counties where those services are available.
   (3)  Notwithstanding subdivision (b) of Section 11450, for the
transitional phase-in period of July 1, 2012, to March 31, 2013,
inclusive, aid shall also be paid to a pregnant woman with no other
children in the amount which would otherwise be paid to one person
under subdivision (a) of Section 11450 at any time after verification
of pregnancy if the pregnant woman is eligible for, or would be
eligible for, the Cal-Learn Program described in Article 3.5
(commencing with Section 11331) and if the mother, and child, if
born, would have qualified for aid under this chapter.
   (c) Each recipient who qualifies for benefits under this article
shall be entitled to benefits to the degree that they are provided by
the recipient's county.
   (d) This section shall remain in effect only until April 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before April 1, 2013, deletes or extends that date.
  SEC. 30.  Section 11451.5 of the Welfare and Institutions Code, as
added by Section 26 of Chapter 47 of the Statutes of 2012, is amended
to read:
   11451.5.  (a) The following income shall be exempt from the
calculation of the income of the family for purposes of subdivision
(a) of Section 11450:
   (1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
   (A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
   (B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
   (2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
   (A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
   (B) Fifty percent of all earned income.
   (b) For purposes of this section:
   (1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.

   (2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
   (3) Unearned income means any income not described in paragraph
(1) or (2).
   (c) This section shall become operative on October 1, 2013.
  SEC. 31.  Section 12300.5 of the Welfare and Institutions Code is
amended to read:
   12300.5.  (a) The California In-Home Supportive Services
Authority, hereafter referred to as the Statewide Authority,
established pursuant to Section 6531.5 of the Government Code, shall
be the entity authorized to meet and confer in good faith regarding
wages, benefits, and other terms and conditions of employment in
accordance with Title 23 (commencing with Section 110000) of the
Government Code, with representatives of recognized employee
organizations for any individual provider who is employed by a
recipient of in-home supportive services described in Section 12300
after the county implementation date as described in subdivision (a)
of Section 12300.7.
   (b) The Statewide Authority and the Department of Human Resources
and other state departments may enter into a memorandum of
understanding or other agreement to have the Department of Human
Resources meet and confer on behalf of the Statewide Authority for
the purposes described in subdivision (a) or to provide the Statewide
Authority with other services, including, but not limited to,
administrative and legal services.
   (c) The state, the Statewide Authority, or any county that has met
the conditions in Section  123007   12300.7
 shall not be deemed to be the employer of any individual
provider who is employed by a recipient of in-home supportive
services as described in Section 12300 for purposes of liability due
to the negligence or intentional torts of the individual provider.
  SEC. 32.  Section 12300.7 of the Welfare and Institutions Code is
amended to read:
   12300.7.  (a) No sooner than March 1, 2013, the California In-Home
Supportive Services Authority shall assume the responsibilities set
forth in Title 23 (commencing with Section 110000) of the Government
Code in a county or city and county upon notification by the Director
of Health Care Services that the enrollment of eligible Medi-Cal
beneficiaries described in Sections 14132.275, 14182.16, and 14182.17
has been completed in that county or city and county.
   (b) A county or city and county, subject to subdivision (a) and
upon notification from the Director of Health Care Services, shall do
one or both of the following:
   (1) Have the entity that performed functions set forth in the
county ordinance or contract in effect at the time of the
notification pursuant to subdivision (a) and established pursuant to
Section 12301.6  , excluding subdivision (c) of that section,
 continue to perform those functions  , excluding
subdivision (c) of that section  .
   (2) Assume the functions performed by the entity, at the time of
the notification pursuant to subdivision (a), pursuant to Section
12301.6, excluding subdivision (c) of that section.
   (c) If a county or city and county assumes the functions described
in paragraph (2) of subdivision (b), it may  do any of the
following: 
    (1)     Establish
  establish  or contract  with an entity 
for the performance of any or all of the functions assumed. 
   (2) Contract with an entity pursuant to Section 12301.6 for the
performance of any or all functions assumed. 
  SEC. 33.  Section 12302.21 of the Welfare and Institutions Code is
amended to read:
   12302.21.  (a) For purposes of providing cost-efficient workers'
compensation coverage for in-home supportive services providers under
this article and paragraph (2) of subdivision (e) of Section
14186.35, the department shall assume responsibility for providing
workers' compensation coverage for employees of nonprofit agencies
and proprietary agencies who provide in-home supportive services
pursuant to contracts with counties and managed care health plans.
The workers' compensation coverage provided for these employees shall
be provided on the same terms as provided to providers under Section
12302.2 and 12302.5.
   (b) A county that has existing contracts with nonprofit agencies
or proprietary agencies whose employees will be provided workers'
compensation coverage by the department pursuant to subdivision (a),
shall reduce the contract hourly rate by fifty cents ($0.50) per
hour, effective on the date that the department implements this
section.
  SEC. 34.  Section 12302.25 of the Welfare and Institutions Code is
amended to read:
   12302.25.  (a) On or before January 1, 2003, each county shall act
as, or establish, an employer for in-home supportive service
providers under Section 12302.2 for the purposes of Chapter 10
(commencing with Section 3500) of Division 4 of Title 1 of the
Government Code and other applicable state or federal laws, except as
provided in Title 23 (commencing with Section 110000) of the
Government Code. Each county may utilize a public authority or
nonprofit consortium as authorized under Section 12301.6, the
contract mode as authorized under Sections 12302 and 12302.1, county
administration of the individual provider mode as authorized under
Sections 12302 and 12302.2 for purposes of acting as, or providing,
an employer under Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1 of the Government Code, county civil service
personnel as authorized under Section 12302, or mixed modes of
service authorized pursuant to this article and may establish
regional agreements in establishing an employer for purposes of this
subdivision for providers of in-home supportive services. Within 30
days of the effective date of this section, the department shall
develop a timetable for implementation of this subdivision to ensure
orderly compliance by counties. Recipients of in-home supportive
services shall retain the right to choose the individuals that
provide their care and to recruit, select, train, reject, or change
any provider under the contract mode or to hire, fire, train, and
supervise any provider under any other mode of service. Upon request
of a recipient, and in addition to a county's selected method of
establishing an employer for in-home supportive service providers
pursuant to this subdivision, counties with an IHSS caseload of more
than 500 shall be required to offer an individual provider employer
option.
   (b) Nothing in this section shall prohibit any negotiations or
agreement regarding collective bargaining or any wage and benefit
enhancements.
   (c) Nothing in this section shall be construed to affect the state'
s responsibility with respect to the state payroll system,
unemployment insurance, or workers' compensation and other provisions
of Section 12302.2 for providers of in-home supportive services.
   (d) Prior to implementing subdivision (a), a county may establish
an advisory committee as authorized by Section 12301.3 and solicit
recommendations from the advisory committee on the preferred mode or
modes of service to be utilized in the county for in-home supportive
services.
   (e) If a county establishes an in-home supportive services
advisory committee pursuant to Section 12301.3, the county shall take
into account the advice and recommendations of the committee prior
to making policy and funding decisions about the program on an
ongoing basis.
   (f) In implementing and administering this section, no county,
public authority, nonprofit consortium, contractor, or a combination
thereof, that delivers in-home supportive services shall reduce the
hours of service for any recipient below the amount determined to be
necessary under the uniform assessment guidelines established by the
department.
   (g) Any agreement between a county and an entity acting as an
employer under subdivision (a) shall include a provision that
requires that funds appropriated by the state for wage increases for
in-home supportive services providers be used exclusively for that
purpose. Counties or the state may undertake audits of the entities
acting as employers under the terms of subdivision (a) to verify
compliance with this subdivision.
   (h) On or before January 15, 2003, each county shall provide the
department with documentation that demonstrates compliance with the
January 1, 2003, deadline specified in subdivision (a). The
documentation shall include, but is not limited to, any of the
following:
   (1) The public authority ordinance and employee relations
procedures.
   (2) The invitations to bid and requests for proposal for contract
services for the contract mode.
   (3) An invitation to bid and request for proposal for the
operation of a nonprofit consortium.
   (4) A county board of supervisors' resolution resolving that the
county has chosen to act as the employer required by subdivision (a)
either by utilizing county employees, as authorized by Section 12302,
to provide in-home supportive services or through county
administration of individual providers.
   (5) Any combination of the documentation required under paragraphs
(1) to (4), inclusive, that reflects the decision of a county to
provide mixed modes of service as authorized under subdivision (a).
   (i) Any county that is unable to provide the documentation
required by subdivision (h) by January 15, 2003, may provide, on or
before that date, a written notice to the department that does all of
the following:
   (1) Explains the county's failure to provide the required
documentation.
   (2) Describes the county's plan for coming into compliance with
the requirements of this section.
   (3) Includes a timetable for the county to come into compliance
with this section, but in no case shall the timetable extend beyond
March 31, 2003.
   (j) Any county that fails to provide the documentation required by
subdivision (h) and also fails to provide the written notice as
allowed under subdivision (i), shall be deemed by operation of law to
be the employer of IHSS individual providers for purposes of Chapter
10 (commencing with Section 3500) of Division 4 of Title 1 of the
Government Code as of January 15, 2003.
   (k) Any county that provides a written notice as allowed under
subdivision (i), but fails to provide the documentation required
under subdivision (h) by March 31, 2003, shall be deemed by operation
of law to be the employer of IHSS individual providers for purposes
of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1
of the Government Code as of April 1, 2003.
   (l) Any county deemed by operation of law, pursuant to subdivision
(j) or (k), to be the employer of IHSS individual providers for
purposes of Chapter 10 (commencing with Section 3500) of Division 4
of Title 1 of the Government Code shall continue to act in that
capacity until the county notifies the department that it has
established another employer as permitted by this section, and has
provided the department with the documentation required under
subdivision (h) demonstrating the change.
  SEC. 35.  Section 12302.6 of the Welfare and Institutions Code is
amended to read:
   12302.6.  (a) A managed care health plan may enter into contracts
pursuant to paragraph (14) of subdivision (a) of Section 14186.35
solely in the manner prescribed in this section.
   (b) For purposes of this section:
   (1) "Agency" means a city, county, city and county agency, local
health district, proprietary agency, or an entity that has or seeks a
contract to provide in-home supportive services pursuant to Section
12301.6 or 12302 or this article.
   (2) "Contract provider" means any person employed by an agency for
the provision of services listed in this section.
   (3) "County" means a political unit, unless otherwise indicated.
   (4) "Department" means the State Department of Social Services.
   (5) "Individual provider" means any person authorized to provide
in-home supportive services under this article and Sections 14132.95,
14132.952, and 14132.956, pursuant to the individual provider mode
referenced in Section 12302.2. As used in this paragraph, "individual
provider" shall not include any person providing in-home supportive
services pursuant to a county-employed homemaker mode  or  a
contract provider.
   (6) "Individual provider rate" means the combined total rate for
wages and benefits for individual providers, as approved by the
Statewide Authority or its delegate.
   (7) "Managed care health plan" shall have the same meaning as set
forth in Section 14186.1.
   (8) "Qualified agency" means an agency that has been certified by
the department.
   (9) "Responsible party" means an officer or director of the
applicant, a shareholder with a beneficial interest in the applicant
exceeding 10 percent, or the person who will be primarily responsible
for any contract with the managed care health plan.
   (10) "Statewide Authority" means the California In-Home Supportive
Services Authority established pursuant to Section 6531.5 of the
Government Code.
   (c) Managed care health plans shall assume the authority granted
to counties pursuant to Section 12302 to contract for the provision
of in-home supportive services with an agency.
   (1) (A) Managed care health plans shall assume the authority as
described in subdivision (a) only upon the integration of the In-Home
Supportive Services Program into Medi-Cal managed care pursuant to
Article 5.7 (commencing with Section 14186) of Chapter 7 in the
counties participating in the demonstration project authorized under
Section 14132.275. For individuals exempt from the provisions of
Article 5.7 (commencing with Section 14186) of Chapter 7, as
specified in subdivision (c) of Section 14186.2, this section shall
not apply, and Section 12302 shall apply.
   (B) If, at the time a managed care health plan assumes contracting
authority pursuant to this subdivision with respect to a particular
geographic area, there is an existing contract between the county and
an agency for the provision of in-home supportive services, the
managed care health plan shall enter into a contract with the county
to continue providing the services, and the county shall maintain its
existing contract with the agency for the provision of in-home
supportive services until such time as that contract is due to
expire. Agencies that have these existing contracts with a county at
the time a managed care health plan assumes contracting authority
pursuant to this subdivision shall automatically be certified as
qualified agencies.
   (2) An agency that is a county, or has an existing contract with a
county, as of the date that the managed care health plan in the
corresponding geographic area assumes contracting authority with
respect to agencies, shall be deemed to be certified as a qualified
agency with respect to the geographic area in which the agency has a
contract to provide in-home supportive services with respect to the
type of in-home supportive services provided pursuant to that
contract. Where a county has an existing contract with an agency, the
certification provided for in this subdivision shall remain in
effect until the triennial deadline established by paragraph (3) of
subdivision (d) that occurs no less than one year after the
expiration of the contract in effect at the time that the managed
care health plan assumes contracting authority with respect to
agencies. However, if an agency that is party to such a contract
seeks to expand the geographic area in which it is certified to
provide services or seeks to expand the types of services for which
it is certified, it must submit an application in accordance with
subdivision (d).
   (d) An agency contracting with a managed care health plan for the
provision of in-home supportive services shall be certified as a
qualified agency by the department in consultation with the State
Department of Health Care Services.
   (1) The certification of an agency as a qualified agency shall be
with respect to a specific geographic area and an identified category
of services.
   (2) The department shall develop an application form and establish
the conditions to be met for certification as a qualified agency.
   (3) An agency seeking certification as a qualified agency shall
submit to the department a verified application showing that it
satisfies the conditions established by the department, pursuant to
this subdivision, and shall provide the information specified, which
shall include all of the following:
   (A) The three most recent audited financial statements or other
independently verified documentation showing that the applicant
maintains liquid assets sufficient to cover 180 days of in-home
supportive services' operating expenses. A nonprofit or public entity
applicant may  instead  satisfy this requirement by
providing a letter of support signed by a representative of the
public entity or managed care organization responsible for the
majority of the applicant's revenue stating its intent to continue to
provide funding for IHSS in the event there is a disruption in the
applicant's revenue.
   (B) Evidence of liability and workers' compensation insurance.
   (C) Evidence that the applicant has not been the subject of
bankruptcy proceedings in the last five years.
   (4) The department shall establish an annual deadline for
submitting applications for certification pursuant to this
subdivision. The department shall also establish a triennial deadline
for submitting renewals of certification pursuant to this
subdivision. The department shall process and approve or deny
applications within 120 days of receipt of a completed application.
   (5) In determining whether an agency may be certified as a
qualified agency, the department, in consultation with the State
Department of Health Care Services, shall consider documents and
evidence to ensure that, among other things identified by the
department, the agency:
   (A) Guarantees the continuity and reliability of services to
recipients.
   (B) Guarantees the supervision of contract providers.
   (C) Guarantees that each contract provider has been screened in
accordance with Sections 12305.81 and 12305.87.
   (D) Guarantees that each contract provider is capable of and is
providing the service authorized.
   (E) Complies with applicable rules and regulations regarding civil
rights.
   (F) Is capable of providing high-quality and reliable in-home
supportive services.
   (G) Is capable of complying with this section, any rules or
regulations promulgated under this section, and any applicable
federal rules and regulations.
   (H) Has not demonstrated a pattern and practice of violations of
state or federal laws and regulations based on any available
information.
   (6) An application for certification under this subdivision may be
denied by the department if the department determines that the
applying agency or a responsible party has violated a law or
regulation that is substantially related to the qualifications or
duties of the applying agency or is substantially related to the
functions of the business for which certification was, or is to be,
issued, or on the ground that an applying agency knowingly made a
false statement of fact required to be revealed in an application for
certification.
   (7) The department shall develop a written appeal process for any
agency dissatisfied with the decision of the department regarding
certification.
   (e) (1) A qualified agency shall submit verified cost reports to
the department documenting that the qualified agency is in compliance
with subdivision (i). The cost reports shall be verified by the
responsible party and by a representative of a certified public
accounting firm.
   (2) The verified cost reports required by paragraph (1) shall be
submitted within 90 calendar days after the end of each year and
within 60 calendar days after any change in compensation negotiated
by the Statewide Authority for individual providers has gone into
effect.
        (f) A managed care health plan that has entered into a
contract in the manner prescribed in this section shall notify the
department within 30 days if the contract between the managed care
health plan and the qualified agency is suspended or terminated for
any reason.
   (g) A recipient of in-home supportive services may only be
referred to a qualified agency by the county, managed care health
plan, or care coordination teams. Qualified agencies, counties, and
managed care health plans shall establish procedures to ensure
contract limitations on caseload specified in subdivision 
(j)   (k)  are being met and there is coordination
of information between managed care health plans, qualified agencies,
counties, and the department. When a recipient has been referred by
the managed care health plan, the qualified agency may provide
services in the following circumstances:
   (1) It has been determined that the recipient is unable to
function as the employer of the provider due to dementia, cognitive
impairment, or other similar issues.
   (2) The recipient has been identified to need services under this
mode by the care coordination team created pursuant to paragraph (3)
of subdivision (b) of Section 14186.
   (3) The recipient is unable to retain a provider due to geographic
isolation and distance, authorized hours, or other reasons.
   (h) When a recipient who is severely impaired, as described in
subdivision (b) of Section 12303.4, is referred to a qualified agency
by a managed care health plan, the county, or the care coordination
team, the qualified agency may provide emergency backup services, as
needed, when a provider is unavailable due to vacation, illness, or
other extraordinary circumstances, or the recipient is in the process
of hiring or replacing a provider. Qualified agencies shall
establish procedures to ensure contract limitations on caseload are
being met and there is coordination of information between managed
care health plans, qualified agencies, counties, and the department.
   (i) Service hours provided under this section shall be deducted
from the in-home supportive services recipient's current authorized
hours of services and on an hour-to-hour basis coordinated with the
county and the department to ensure hours are accurately captured and
not duplicated per in-home supportive services program requirements.

   (j) Wages and benefits for contract providers for their provision
of in-home supportive services shall not be less than the individual
provider rate negotiated by the Statewide Authority for the county
where services are provided.
   (k) Any contract entered into between a managed care health plan
and a qualified agency shall provide for a minimum amount of service
utilization and shall be approved by the department. In no case,
however, shall in-home supportive services recipients referred for
services exceed 5 percent of the in-home supportive services caseload
in the county where services are provided.
   (l) The department shall establish reasonable fees to be paid by
agencies and qualified agencies for administering the provisions of
this section, including, but not limited to, fees associated with
processing applications for certification and renewals of
certification, and fees associated with monitoring and enforcing
compliance, including any fees reflecting the costs associated with
investigating complaints, to the extent permissible by law. These
fees shall be sufficient to cover the department's reasonable costs
incurred in administering the provisions of this section.
   (m) The state shall be immune from liability resulting from the
state's implementation of this section or from the negligence or
intentional torts of a contract provider providing services pursuant
to this section.
   (n) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific this
section by means of all-county letters, or similar instructions,
without taking regulatory action. Prior to issuing any letter or
similar instrument authorized pursuant to this section, the
department shall notify and consult with stakeholders, including
beneficiaries, providers, and advocates.
  SEC. 36.  Section 12306 of the Welfare and Institutions Code, as
amended by Section 4 of Chapter 939 of the Statutes of 1992, is
amended to read:
   12306.  (a) The state and counties shall share the annual cost of
providing services under this article as specified in this section.
   (b) Except as provided in subdivisions (c) and (d), the state
shall pay to each county, from the General Fund and any federal funds
received under Title XX of the federal Social Security Act available
for that purpose, 65 percent of the cost of providing services under
this article, and each county shall pay 35 percent of the cost of
providing those services.
   (c) For services eligible for federal funding pursuant to Title
XIX of the federal Social Security Act under the Medi-Cal program
and, except as provided in subdivisions (b) and (d) the state shall
pay to each county, from the General Fund and any funds available for
that purpose 65 percent of the nonfederal cost of providing services
under this article, and each county shall pay 35 percent of the
nonfederal cost of providing those services.
   (d) (1) For the period of July 1, 1992, to June 30, 1994,
inclusive, the state's share of the cost of providing services under
this article shall be limited to the amount appropriated for that
purpose in the annual Budget Act.
   (2) The department shall restore the funding reductions required
by subdivision (c) of Section 12301, fully or in part, as soon as
administratively practicable, if the amount appropriated from the
General Fund for the 1992-93 fiscal year under this article is
projected to exceed the sum of the General Fund expenditures under
Section 14132.95 and the actual General Fund expenditures under this
article for the 1992-93 fiscal year. The entire amount of the excess
shall be applied to the restoration. Services shall not be restored
under this paragraph until the Department of Finance has determined
that the restoration of services would result in no additional costs
to the state or to the counties relative to the combined state
appropriation and county matching funds for in-home supportive
services under this article in the 1992-93 fiscal year. 
   (3) 
    (e)   This section shall become operative only if
Chapter 45 of the Statutes of 2012 is deemed inoperative pursuant to
Section 15 of that chapter.
  SEC. 37.  Section 12306 of the Welfare and Institutions Code, as
amended by Section 9 of Chapter 45 of the Statutes of 2012, is
amended to read:
   12306.  (a) The state and counties shall share the annual cost of
providing services under this article as specified in this section.
   (b) Except as provided in subdivisions (c) and (d), the state
shall pay to each county, from the General Fund and any federal funds
received under Title XX of the federal Social Security Act available
for that purpose, 65 percent of the cost of providing services under
this article, and each county shall pay 35 percent of the cost of
providing those services.
   (c) For services eligible for federal funding pursuant to Title
XIX of the federal Social Security Act under the Medi-Cal program
and, except as provided in subdivisions (b) and (d) the state shall
pay to each county, from the General Fund and any funds available for
that purpose 65 percent of the nonfederal cost of providing services
under this article, and each county shall pay 35 percent of the
nonfederal cost of providing those services.
   (d) (1) For the period of July 1, 1992, to June 30, 1994,
inclusive, the state's share of the cost of providing services under
this article shall be limited to the amount appropriated for that
purpose in the annual Budget Act.
   (2) The department shall restore the funding reductions required
by subdivision (c) of Section 12301, fully or in part, as soon as
administratively practicable, if the amount appropriated from the
General Fund for the 1992-93 fiscal year under this article is
projected to exceed the sum of the General Fund expenditures under
Section 14132.95 and the actual General Fund expenditures under this
article for the 1992-93 fiscal year. The entire amount of the excess
shall be applied to the restoration. Services shall not be restored
under this paragraph until the Department of Finance has determined
that the restoration of services would result in no additional costs
to the state or to the counties relative to the combined state
appropriation and county matching funds for in-home supportive
services under this article in the 1992-93 fiscal year.
   (e) For the period during which Section 12306.15 is operative,
each county's share of the costs of providing services pursuant to
this article specified in subdivisions (b) and (c) shall remain, but
the County IHSS Maintenance of Effort pursuant to Section 12306.15
shall be in lieu of that share.
   (f) This section shall become inoperative only if Chapter 45 of
the Statutes of 2012 is deemed inoperative pursuant to Section 15 of
that chapter.
  SEC. 38.  Section 12306.1 of the Welfare and Institutions Code, as
amended by Section 25 of Chapter 725 of the Statutes of 2010, is
amended to read:
   12306.1.  (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute. No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Care Services for the increase pursuant to
a determination that it is consistent with federal law and to ensure
federal financial participation for the services under Title XIX of
the federal Social Security Act, and unless and until all of the
following conditions have been met:
   (1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority or nonprofit consortium rate, including wages and
related expenditures. The documentation shall be received by the
department before the department and the State Department of Health
Care Services may approve the increase.
   (2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
   (b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department. The
department may grant approval on a conditional basis, subject to the
availability of funding.
   (c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
   (d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers. This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5), and without regard to when the wage and benefit increase
becomes effective.
   (2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
for the 2001-02 fiscal year and each fiscal year thereafter, unless
otherwise provided in paragraphs (3), (4), and (5).
   (3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenue, excluding
transfers, for the year in which paragraph (2) became operative.
   (4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both. This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
   (5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour. Counties shall
determine, pursuant to the collective bargaining process provided for
in subdivision (c) of Section 12301.6, what portion of the twelve
dollars and ten cents ($12.10) per hour shall be used to fund wage
increases above seven dollars and fifty cents ($7.50) per hour or
individual health benefit increases, or both. This paragraph shall be
operative commencing with the next state fiscal year for which the
May Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (4) became
operative.
   (6) Notwithstanding paragraphs (2) to (5), inclusive, the state
shall participate as provided in subdivision (c) in a total cost of
wages up to nine dollars and fifty cents ($9.50) per hour and in
individual health benefits up to sixty cents ($0.60) per hour. This
paragraph shall become operative on July 1, 2009.
   (7) (A) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in paragraph (6) during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in that paragraph until July 1, 2012, to
allow the litigation to reach a final result.
   (B) Paragraph (6) shall not be implemented until July 1, 2012, and
as of that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
   (e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
   (2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
   (f) Any increase in overall state participation in wage and
benefit increases under paragraphs (2) to (5), inclusive, of
subdivision (d), shall be limited to a wage and benefit increase of
one dollar ($1) per hour with respect to any fiscal year. With
respect to actual changes in specific wages and health benefits
negotiated through the collective bargaining process, the state shall
participate in the costs, as approved in subdivision (c), up to the
maximum levels as provided under paragraphs (2) to (6), inclusive, of
subdivision (d).
   (g) This section shall become operative only if Chapter 45 of the
Statutes of 2012 is deemed inoperative pursuant to Section 15 of that
chapter.
  SEC. 39.  Section 12306.1 of the Welfare and Institutions Code, as
amended by Section 10 of Chapter 45 of the Statutes of 2012, is
amended to read:
   12306.1.  (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute. No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Care Services for the increase pursuant to
a determination that it is consistent with federal law and to ensure
federal financial participation for the services under Title XIX of
the federal Social Security Act, and unless and until all of the
following conditions have been met:
   (1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority or nonprofit consortium rate, including wages and
related expenditures. The documentation shall be received by the
department before the department and the State Department of Health
Care Services may approve the increase.
   (2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
   (b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department. The
department may grant approval on a conditional basis, subject to the
availability of funding.
   (c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
   (d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers. This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5), and without regard to when the wage and benefit increase
becomes effective.
   (2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
for the 2001-02 fiscal year and each fiscal year thereafter, unless
otherwise provided in paragraphs (3), (4), and (5).
   (3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenue, excluding
transfers, for the year in which paragraph (2) became operative.
   (4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both. This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
   (5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour. Counties shall
determine, pursuant to the collective bargaining process provided for
in subdivision (c) of Section 12301.6, what portion of the twelve
dollars and ten cents ($12.10) per hour shall be used to fund wage
increases above seven dollars and fifty cents ($7.50) per hour or
individual health benefit increases, or both. This paragraph shall be
operative commencing with the next state fiscal year for which the
May Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (4) became
operative.
   (6) Notwithstanding paragraphs (2) to (5), inclusive, the state
shall participate as provided in subdivision (c) in a total cost of
wages up to nine dollars and fifty cents ($9.50) per hour and in
individual health benefits up to sixty cents ($0.60) per hour. This
paragraph shall become operative on July 1, 2009.
   (7) (A) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in paragraph (6) during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in that paragraph until July 1, 2012, to
allow the litigation to reach a final result.
   (B) Paragraph (6) shall not be implemented until July 1, 2012, and
as of that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
   (e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
   (2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
   (f) Any increase in overall state participation in wage and
benefit increases under paragraphs (2) to (5), inclusive, of
subdivision (d), shall be limited to a wage and benefit increase of
one dollar ($1) per hour with respect to any fiscal year. With
respect to actual changes in specific wages and health benefits
negotiated through the collective bargaining process, the state shall
participate in the costs, as approved in subdivision (c), up to the
maximum levels as provided under paragraphs (2) to (6), inclusive, of
subdivision (d).
   (g) For the period during which Section 12306.15 is operative,
each county's share of the costs of negotiated wage and benefit
increases specified in subdivision (c) shall remain, but the County
IHSS Maintenance of Effort pursuant to Section 12306.15 shall be in
lieu of that share.
   (h) This section shall become inoperative only if Chapter 45 of
the Statutes of 2012 is deemed inoperative pursuant to Section 15 of
that chapter.
  SEC. 40.  Section 12306.15 of the Welfare and Institutions Code is
amended to read:
   12306.15.  (a) Commencing July 1, 2012, all counties shall have a
County IHSS Maintenance of Effort (MOE). In lieu of paying the
nonfederal share of IHSS costs as specified in Sections 10101.1,
12306, and 12306.1, counties shall pay the County IHSS
                           MOE.
   (b) (1) The County IHSS MOE base year shall be the 2011-12 state
fiscal year. The County IHSS MOE base shall be defined as the amount
actually expended by each county on IHSS services and administration
in the County IHSS MOE base year, as reported by each county to the
department, except that for administration, the County IHSS MOE base
shall include no more or no less than the full match for the county's
allocation from the state.
   (2) Administration expenditures shall include both county
administration and public authority administration. The County IHSS
MOE base shall be unique to each individual county.
   (3) For a county that made 14 months of health benefit payments
for IHSS providers in the 2011-12 fiscal year, the Department of
Finance shall adjust that county's County IHSS MOE base calculation.
   (4) The County IHSS MOE base for each county shall be no less than
each county's 2011-12 expenditures for the Personal Care Services
Program and IHSS used in the caseload growth calculation pursuant to
Section 17605.
   (c) (1) On July 1, 2014, the County IHSS MOE base shall be
adjusted by an inflation factor of 3.5 percent.
   (2) Beginning on July 1, 2015, and annually thereafter, the County
IHSS MOE from the previous year shall be adjusted by an inflation
factor of 3.5 percent.
   (3) (A) Notwithstanding paragraphs (1) and (2), in fiscal years
when the combined total of 1991 realignment revenues received
pursuant to Sections 11001.5, 6051.2, and 6201.2 of the Revenue and
Taxation Code, for the prior fiscal year is less than the combined
total received for the next prior fiscal year, the inflation factor
shall be zero.
   (B) The Department of Finance shall provide notification to the
appropriate legislative fiscal committees and the California State
Association of Counties by May 14 of each year whether the inflation
factor will apply for the following fiscal year, based on the
calculation in subparagraph (A).
   (d) In addition to the adjustment in subdivision (c), the County
IHSS MOE shall be adjusted for the annualized cost of increases in
provider wages or health benefits that are locally negotiated,
mediated, or imposed before the Statewide Authority assumes the
responsibilities set forth in Section 110011 of the Government Code
for a given county as provided in Section 12300.7.
   (1) (A) If the department approves the rates and other economic
terms for a locally negotiated, mediated, or imposed increase in the
provider wages, health benefits, or other economic terms pursuant to
Section 12306.1 and paragraph (3), the state shall pay 65 percent,
and the affected county shall pay 35 percent, of the nonfederal share
of the cost increase in accordance with subparagraph (B). 
   (B) With respect to any increase in provider wages or health
benefits approved after July 1, 2012, pursuant to subparagraph (A),
the state shall participate in that increase as provided in
subparagraph (A) up to the amount specified in subdivision (d) of
Section 12306.1.  
   (B) 
    (C)  The county share of these expenditures shall be
included in the County IHSS MOE, in addition to the amount
established under subdivisions (b) and (c). For any increase in
provider wages or health benefits that becomes effective on a date
other than July 1, the Department of Finance shall adjust the county'
s County IHSS MOE to reflect the annualized cost of the county's
share of the nonfederal cost of the wage or health benefit increase.
   (2) (A) If the department does not approve the rates and other
economic terms for a locally negotiated, mediated, or imposed
increase in the provider wages, health benefits, or other economic
terms pursuant to Section 12306.1 or paragraph (3), the county shall
pay the entire nonfederal share of the cost increase.
   (B) The county share of these expenditures shall be included in
the County IHSS MOE, in addition to the amount established under
subdivisions (b) and (c). For any increase in provider wages or
health benefits that becomes effective on a date other than July 1,
the Department of Finance shall adjust the county's County IHSS MOE
to reflect the annualized cost of the county's share of the
nonfederal cost of the wage or health benefit increase.
   (3) In addition to the rate approval requirements in Section
12306.1, it shall be presumed by the department that locally
negotiated rates and other economic terms within the following limits
are approved:
   (A) A net increase in the combined total of wages and health
benefits of up to 10 percent  per year  above the current
combined total of wages and health benefits paid in that county.
   (B) A cumulative total of up to 20 percent in the sum of the
combined total of changes in wages or health benefits, or both, until
the Statewide Authority assumes the responsibilities set forth in
Section 110011 of the Government Code for a given county as provided
in Section 12300.7.
   (e) The County IHSS MOE shall only be adjusted pursuant to
subdivisions (c) and (d).
   (f) The Department of Finance shall consult with the California
State Association of Counties to implement the County IHSS MOE, which
shall include, but not be limited to, determining each county's
County IHSS MOE base pursuant to subdivision (b), developing the
computation for the annualized amount pursuant to subdivision (d),
and the process by which it will be determined that each county has
met its County IHSS MOE each year.
   (g) If the demonstration project and the responsibilities of the
Statewide Authority become inoperative pursuant to Section 15, 16, or
17 of the act adding this section on a date other than July 1, this
section shall become inoperative on the first day of the following
state fiscal year.
  SEC. 41.  Section 12330 of the Welfare and Institutions Code is
amended to read:
   12330.  (a) No later than January 1, 2014, the department, in
consultation with the State Department of Health Care Services, and
in collaboration with stakeholders including, but not limited to,
IHSS recipients and recognized employee representatives, shall
develop a training curriculum for IHSS providers that shall address
issues of consistency, accountability, and increased quality of care
for IHSS recipients.
   (b) Participation in the training developed pursuant to
subdivision (a) shall be voluntary.
   (c)  Nothing in this section shall require that training be funded
by the state.
   (d) This section shall not be construed to preclude a managed care
health plan, as part of the care coordination team, from developing
recipient-specific voluntary training curriculum for an IHSS provider
who has been integrated into a beneficiary's care coordination team.

   (e) The IHSS recipient shall continue to have the right to train
his or her individual provider.
  SEC. 42.  Section 14186.35 of the Welfare and Institutions Code is
amended to read:
   14186.35.  (a) Not sooner than March 1, 2013, in-home supportive
services (IHSS) shall be a Medi-Cal benefit available through managed
care health plans in a county where this article is effective.
Managed care health plans shall cover IHSS in accordance with the
standards and requirements set forth in Article 7 (commencing with
Section 12300) of Chapter 3. Specifically, managed care health plans
shall do all of the following:
   (1) Ensure access to, provision of, and payment for IHSS for
individuals who meet the eligibility criteria for IHSS.
   (2) Ensure recipients retain the right to be the employer, to
select, engage, direct, supervise, schedule, and terminate IHSS
providers in accordance with Section 12301.6.
   (3) Assume all financial liability for payment of IHSS services
for recipients receiving said services pursuant to managed care.
   (4) Create a care coordination team, as needed, unless the
consumer objects. If the consumer is an IHSS recipient, his or her
participation and the participation of his or her provider shall be
at the recipient's option. The care coordination team shall include
the consumer, his or her authorized representative, managed care
health plan, county social services agency, Community Based Adult
Services (CBAS) case manager for CBAS clients, Multipurpose Senior
Services Program (MSSP) case manager for MSSP clients, and may
include others as identified by the consumer.
   (5) Maintain the paramedical role and function of providers as
authorized pursuant to Sections 12300 and 12301.
   (6) Ensure compliance with all requirements set forth in Section
14132.956 and any resulting state plan amendments.
   (7) Adhere to quality assurance provisions and individual data and
other standards and requirements as specified by the State
Department of Social Services including state and federal quality
assurance requirements.
   (8) Share confidential beneficiary data with the contractors
specified in this section to improve care coordination, promote
shared understanding of the consumer's needs, and ensure appropriate
access to IHSS and other long-term services and supports.
   (9) (A) Enter into a memorandum of understanding with a county
agency and the county's public authority or nonprofit consortium
pursuant to Section 12301.6 to continue to perform their respective
functions and responsibilities pursuant to the existing ordinance or
contract until the Director of Health Care Services provides
notification pursuant to subdivision (a) of Section 12300.7 for that
county.
   (B) Following the notification pursuant to subdivision (a) of
Section 12300.7, enter into a memorandum of understanding with the
county agencies to perform the following activities:
   (i) Assess, approve, and authorize each recipient's initial and
continuing need for services pursuant to Article 7 (commencing with
Section 12300) of Chapter 3. County agency assessments shall be
shared with the care coordination teams established under paragraph
(4), when applicable, and the county agency thereafter may receive
and consider additional input from the care coordination team.
   (ii) Plans may contract with counties for additional assessments
for purposes of paragraph (6) of subdivision (b) of Section 14186.
   (iii) Enroll providers, conduct provider orientation, and retain
enrollment documentation pursuant to Sections 12301.24 and 12305.81.
   (iv) Conduct criminal background checks on all potential providers
and exclude providers consistent with the provisions set forth in
Sections 12305.81, 12305.86, and 12305.87.
   (v) Provide assistance to IHSS recipients in finding eligible
providers through the establishment of a provider registry as well as
provide training for providers and recipients as set forth in
Section 12301.6.
   (vi) Refer all providers to the California In-Home Supportive
Services Authority or nonprofit consortium for the purposes of wages,
benefits, and other terms and conditions of employment in accordance
with subdivision (a) of Section 12300.7 and Title 23 (commencing
with Section 110000) of the Government Code.
   (vii) Pursue overpayment recovery pursuant to Section 12305.83.
   (viii) Perform quality assurance activities including routine case
reviews, home visits, and detecting and reporting suspected fraud
pursuant to Section 12305.71.
   (ix) Share confidential data necessary to implement the provisions
of this section.
   (x) Appoint an advisory committee of not more than 11 people, and
no less than 50 percent of the membership of the advisory committee
shall be individuals who are current or past users of personal
assistance paid for through public or private funds or recipients of
IHSS services.
   (xi) Continue to perform other functions necessary for the
administration of the IHSS program pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 and regulations promulgated by the
State Department of Social Services pursuant to that article.
   (C) A county may contract with an entity or may establish a public
authority pursuant to Section 12301.6 for the performance of any or
all of the activities set forth in a contract with a managed care
health plan pursuant to this section.
   (10) Enter into a contract with the State Department of Social
Services to perform the following activities:
   (A) Pay wages and benefits to IHSS providers in accordance with
the wages and benefits negotiated pursuant to Title 23 (commencing
with Section 110000) of the Government Code.
   (B) Perform obligations on behalf of the IHSS recipient as the
employer of his or her provider, including unemployment compensation,
disability benefits, applicable federal and state taxes, and federal
old age survivor's and disability insurance through the state's
payroll system for IHSS in accordance with Sections 12302.2 and
12317.
   (C) Provide technical assistance and support for all
payroll-related activities involving the state's payroll system for
IHSS, including, but not limited to, the monthly restaurant allowance
as set forth in Section 12303.7, the monthly cash payment in advance
as set forth in Section 12304, and the direct deposit program as set
forth in Section 12304.4.
   (D) Share recipient and provider data with managed care health
plans for members who are receiving IHSS to support care
coordination.
   (E) Provide an option for managed care health plans to participate
in quality monitoring activities conducted by the State Department
of Social Services pursuant to subdivision (f) of Section 12305.7 for
recipients who are plan members.
   (11) In concert with the department, timely reimburse the state
for payroll and other obligations of the beneficiary as the employer,
including unemployment compensation, disability benefits, applicable
federal and state taxes, and federal old age survivors and
disability insurance benefits through the state's payroll system.
   (12) In a county where services are provided in the homemaker
mode, enter into a contract with the county to implement the
provision of services pursuant to the homemaker mode as set forth in
Section 12302.
   (13) Retain the IHSS individual provider mode as a choice
available to beneficiaries in all participating managed care health
plans in each county.
   (14) In a county where services are provided pursuant to a
contract, and as needed, enter into a contract with a city, county,
or city and county agency, a local health district, a voluntary
nonprofit agency, or a proprietary agency as set forth in 
Sections   Section  12302 and in accordance with
Section 12302.6.
   (15) Assume the financial risk associated with the cost of payroll
and associated activities set forth in paragraph (10).
   (b) IHSS recipients receiving services through managed care health
plans shall retain all of the following:
   (1) The responsibilities as the employer of the IHSS provider for
the purposes of hiring, firing, and supervising their provider of
choice as set forth in Section 12301.6.
   (2) The ability to appeal any action relating to his or her
application for or receipt of services pursuant to Article 7
(commencing with Section 12300) of Chapter 3.
   (3) The right to employ a provider applicant who has been
convicted of an offense specified in Section 12305.87 by submitting a
waiver of the exclusion.
   (4) The ability to request a reassessment pursuant to Section
12301.1.
   (c) The department and the State Department of Social Services,
along with the counties, managed care health plans, consumers,
advocates, and other stakeholders, shall develop a referral process
and informational materials for the appeals process that is
applicable to home- and community-based services plan benefits
authorized by a managed care health plan. The process established by
this paragraph shall ensure ease of access for consumers.
   (d) For services provided through managed care health plans, the
IHSS provider shall continue to adhere to the requirements set forth
in subdivision (b) of Section 12301.24, subdivision (a) of Section
12301.25, subdivision (a) of Section 12305.81, and subdivision (a) of
Section 12306.5.
   (e) In accordance with Section 14186.2, as the provision of IHSS
transitions to managed care health plans in a phased-in approach, the
State Department of Social Services shall do all of the following:
   (1) Retain program administration functions, in coordination with
the department, including policy development, provider appeals and
general exceptions, and quality assurance and program integrity for
the IHSS program in accordance with Article 7 (commencing with
Section 12300) of Chapter 3.
   (2) Perform the obligations on behalf of the recipient as employer
relating to workers' compensation as set forth in Section 12302.2
and Section 12302.21 for those entities that have entered into a
contract with a managed care health plan pursuant to Section 12302.6.

   (3) Retain responsibilities related to the hearing process for
IHSS recipient appeals as set forth in Chapter 7 (commencing with
Section 10950) of Part 2.
   (4) Continue to have access to and provide confidential recipient
data necessary for the administration of the program.
   (f) A managed care health plan shall not be deemed be the employer
of an individual in-home supportive services provider referred to
recipients under this section for purposes of liability due to the
negligence or intentional torts of the individual provider.
  SEC. 43.  Section 18906.55 of the Welfare and Institutions Code is
amended to read:
   18906.55.  (a) Notwithstanding Section 18906.5 or any other law,
as a result of the substantial fiscal pressures on counties created
by the unprecedented and unanticipated CalFresh caseload growth
associated with the economic downturn beginning in 2008, and in order
to provide fiscal relief to counties as a result of this growth, a
county that meets the maintenance of effort requirement pursuant to
Section 15204.4 entirely through expenditures for the administration
of CalFresh in state fiscal years 2010-11, 2011-12, and 2012-13 shall
receive the full General Fund allocation for administration of
CalFresh without paying the county's share of the nonfederal costs
for the amount above the maintenance of effort required by Section
15204.4.
   (b) The full General Fund allocation for administration of
CalFresh pursuant to subdivision (a) shall equal 35 percent of the
total federal and nonfederal projected funding need for
administration of CalFresh. The methodology used for calculating
those projections shall remain the same as it was for the 2009-10
fiscal year for as long as this section remains in effect.
   (c) No relief to the county share of administrative costs
authorized by this section shall result in any increased cost to the
General Fund as determined in subdivision (b).
   (d) Subdivision (a) shall not be interpreted to prevent a county
from expending funds in excess of the amount required to meet the
maintenance of effort required by Section 15204.4.
   (e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 44.  Section 18987.7 of the Welfare and Institutions Code is
amended to read:
   18987.7.  (a) The State Department of Social Services shall
convene a workgroup of public and private nonprofit stakeholders that
shall develop a plan for transforming the current system of group
care for foster children or youth, and for children with serious
emotional disorders (SED), into a system of residentially based
services. The stakeholders may include, but not be limited to,
representatives of the department, the State Department of Education,
the State Department of Health Care Services, the State Department
of Alcohol and Drug Programs, and the Department of Corrections and
Rehabilitation; county child welfare, probation, mental health, and
alcohol and drug programs; local education authorities; current and
former foster youth, parents of foster children or youth, and
children or youth with SED; private nonprofit agencies operating
group homes; children's advocates; and other interested parties.
   (b) The plan developed pursuant to this chapter shall utilize the
reports delivered to the Legislature pursuant to Section 75 of
Chapter 311 of the Statutes of 1998 by the Steering Committee for the
Reexamination of the Role of Group Care in a Family-Based System of
Care in June 2001 and August 2002, and the "Framework for a New
System for Residentially-Based Services in California" published in
March 2006.
   (c) In the development, implementation, and subsequent revisions
of the plan developed pursuant to subdivision (a), the knowledge and
experience gained by counties and private nonprofit agencies through
the operation of their residentially based services programs created
under voluntary agreements made pursuant to Section 18987.72,
including, but not limited to, the results of evaluations prepared
pursuant to paragraph (3) of subdivision (c) of Section 18987.72
shall be utilized.
   (d) The workgroup described in subdivision (a) shall be the
workgroup described in Section 11461.2. The responsibilities
described in subdivisions (b) and (c) shall be assumed by the
workgroup and the recommendations shall be submitted as set forth in
subdivision (f) of Section 11461.2.
  SEC. 45.  Section 17 of Chapter 45 of the Statutes of 2012 is
amended to read:
  Sec. 17.  In the event the director decides to entirely forego the
provision of services as specified in Section 14186.4 of the Welfare
and Institutions Code, Section 6531.5 and Title 23 (commencing with
Section 110000) of the Government Code and Sections 12300.5, 12300.6,
and 12300.7 of the Welfare and Institutions Code as added by this
act shall cease to be implemented except as follows:
   (a) For an agreement that has been negotiated and approved by the
Statewide Authority, the Statewide Authority shall continue to retain
its authority pursuant to Section 6531.5 and Title 23 (commencing
with Section 110000) of the Government Code and Sections 12300.5,
12300.6, 12300.7, and 12302.6 of the Welfare and Institutions Code as
added by this act, and remain the employer of record for all
individual providers covered by the agreement until the agreement
expires or is subject to renegotiation, whereby the authority of the
Statewide Authority shall terminate and the county shall be the
employer of record in accordance with Section 12302.25 of the Welfare
and Institutions Code and may establish an employer of record
pursuant to Section 12301.6 of the Welfare and Institutions Code.
   (b) For an agreement that has been assumed by the Statewide
Authority that was negotiated and approved by a predecessor agency,
the Statewide Authority shall cease being the employer of record and
the county shall be reestablished as the employer of record for
purposes of bargaining and in accordance with Section 12302.25 of the
Welfare and Institutions Code, and may establish an employer of
record pursuant to Section 12301.6 of the Welfare and Institutions
Code.
  SEC. 46.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 47.  The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the California Health and Human
Services Agency, for administration.
  SEC. 48.  This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.