BILL ANALYSIS                                                                                                                                                                                                    Ó






                  SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
                                Mark Leno, Chair
                                        
          Bill No:       AB 1471
          Author:        Committee on Budget
          As Amended:    June 13, 2012
          Consultant:    Jennifer Troia
          Fiscal:        Yes
          Hearing Date:  June 14, 2012
          
          Subject:  Budget Act of 2012:  Human Services Omnibus

          Summary:  Contains the necessary statutory and technical 
          changes to implement the Human Services provisions of the 
          Budget Act of 2012. 
          
          Proposed Law:  

          This bill includes the following provisions

          1)Child Support Payment Trust Fund:  For the 2012-13 fiscal 
            year only, authorizes money in the Child Support Payment 
            Trust Fund accounts to be invested in specified 
            securities or alternatives that offer comparable 
            security, including mutual funds and money market funds.  
            The provision does not authorize an investment or 
            transfer that would interfere with the objective of the 
            Child Support Payment Trust Fund.  

          2)Continues Suspension of Child Support Incentive Payments: 
             Extends the suspension of performance and health 
            insurance-related incentive payments to local child 
            support agencies (LCSAs) through the 2014-15 fiscal year. 
             Existing law, in the absence of a suspension, would 
            award the ten highest performing counties with an 
            additional share of collections and require the state to 
            provide payments to LCSAs of $50 per case for obtaining 
            3rd-party health coverage or insurance of Medi-Cal 
            beneficiaries.  

          3)Continues Suspension of Fingerprint Fee Exemption:  
            Extends the suspension of a prohibition on the state 
            charging fees for fingerprinting in order to conduct 
            background checks of  applicants for licenses to operate 
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            specified community care facilities that serve children.

          4)Changes to Implementation Date for Sales Tax on Support 
            Services:  Delays the date when the state can implement 
            existing law related to the extension of the sales tax to 
            apply to support services (i.e., homecare)- from July 1, 
            2010 to January 1, 2012.  Under existing law, 
            corresponding supplementary payments would be made to 
            specified providers of those services.  

          5)Repeals Sections Related to Statewide Eligibility and 
            Enrollment Processing:  Repeals a statute that was 
            enacted as part of the 2009 Budget Act that required the 
            Administration to develop a statewide eligibility and 
            enrollment determination process for the California Work 
            Opportunity and Responsibility to Kids (CalWORKs), 
            Medi-Cal, and Supplemental Nutrition Assistance Program 
            (SNAP, also known as CalFresh or food stamps) programs, 
            and directed the development of a comprehensive plan with 
            respect to a centralized eligibility and enrollment 
            process.  Subsequent statutes changes related to the 
            Statewide Automated Welfare System have obviated these 
            requirements.  Thus, this repeal resolves potential 
            statutory conflicts with respect to the state's 
            information technology systems and enrollment processes.  


          6)Reduction to CalWORKs Single Allocation:  Permanently 
            extends a reduction to the CalWORKs Single Allocation 
            that has been in effect during each of the last three 
            fiscal years (while lowering the reduction from $375 to 
            $327 million GF annually).  The Single Allocation funds 
            welfare-to-work employment services, Stage 1 child care, 
            and the counties' implementation of specific program 
            administration responsibilities.  Over the last few 
            years, and again in the provisions of this bill, the 
            reduction has been accompanied by welfare-to-work 
            exemptions for parents with young children (one child 
            under the age of two or two children under the age of 
            six).  This bill would also continue to allow counties 
            flexibility to redirect funding between specified 
            employment assistance and substance abuse treatment 
            funding sources.  

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          7)Phase-in and Reporting Related to Cal-Learn Program:  
            Restores the operation of intensive case management 
            services provided through the Cal-Learn program within 
            CalWORKs.  State funding for these services was suspended 
            during the 2011-12 fiscal year.  From July 1, 2012 to 
            March 31, 2013, inclusive, authorizes counties to provide 
            full or partial year funding, depending on the pace of 
            their progression to full implementation, by April 1, 
            2013.  Additionally requires the Department of Social 
            Services (DSS) to annually report specified information 
            related to the program to the budget committees of the 
            Legislature.  The phase-in approach included in this bill 
            provides for savings in 2012-13 of approximately $5 
            million GF.  

          8)Moratorium on Group Home Rate-Setting:  Permanently 
            extends the moratorium on the licensing of new group 
            homes or approvals of specified changes for existing 
            providers, with some allowable exceptions.  This 
            moratorium was initially established as a part of the 
            2010 Budget Act.  New provisions further limit, for one 
            year, exceptions for any programs with rate 
            classification levels below 10 to those associated with a 
            program change.  

          9)Cost-of-Living Adjustment for Dual Agency Rates:  
            Requires annual adjustment by changes in the cost of 
            living (as measured by the California Necessities Index) 
            of rates payable for care and supervision of children who 
            are dually eligible for the Child Welfare Services and 
            Developmental Services systems.  This change is 
            consistent with changes made last year to foster family 
            home and related rates in response to litigation.  Under 
            the provisions of this bill, the change to dual agency 
            rates would begin retroactively with the 2011-12 fiscal 
            year.  

          10)Repeal of Medication Dispensing Machine Pilot: Repeals 
            statute that required the Department of Health Care 
            Services (DHCS) to establish a medication dispensing 
            machine pilot project for certain at-risk Medi-Cal 
            recipients.  This pilot project was also associated with 
            a reduction, with some exceptions, in authorized hours of 
            service for In-Home Supportive Services (IHSS) recipients 
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            that would have been triggered if savings from the pilot 
            had not been achieved.  This bill would repeal both of 
            these policies. 

          11)Extension of 3.6 Percent Reduction in Authorized IHSS 
            Hours:  Extends, for the 2012-13 fiscal year, an existing 
            reduction of 3.6 percent in authorized IHSS hours that is 
            otherwise scheduled to sunset on July 1, 2013.  This 
            reduction is anticipated to save approximately $58.9 
            million GF in 2012-13.

          12)Criminal Offender Record Information (CORI) Sharing:  
            Authorizes local public authorities or nonprofit 
            consortia to share Criminal Offender Record Information 
            (CORI) background reports with DSS in specified 
            circumstances.  More specifically, allows the public 
            authority or nonprofit consortia to share this 
            information when an individual who is applying to become 
            an IHSS provider has requested from the department an 
            exception to a prohibition on his/her ability to become a 
            provider because of his/her criminal record.

          13)Rate-setting for IHSS Public Authorities:  Extends by 
            one year, to the 2013-14 fiscal year, the required time 
            by which DSS, in consultation with designated 
            stakeholders, must develop a new rate-setting methodology 
            for estimating the costs of public authorities with 
            respect to administration of specified requirements 
            related to the state's IHSS program.

          14)Rehabilitation Appeals:  Eliminates the Rehabilitation 
            Appeals Board, which currently serves as the entity which 
            hears appeals by applicants for, or clients of, programs 
            provided by the Department of Rehabilitation.  Instead 
            provides for fair hearings to be held before an impartial 
            hearing officer and establishes standards, training, and 
            due process requirements related to those fair hearings.

          15)Kids' Plates Funding:  Amends existing requirements 
            related to distribution of funds in the Child Health and 
            Safety Fund that are derived from the Have a Heart, Help 
            Our Kids specialized license plate program (Kids' 
            Plates).  Specifically, redirects $501,000 from child 
            abuse and injury prevention programs to support specific 
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            Department of Social Services' (DSS) responsibilities 
            related to child day care licensing.  

          16)Child Welfare Services Automation System:  Requires DSS 
            to use specified funding included in the 2012 Budget Act 
            for the next steps necessary to move forward with the 
            recommendation of the Child Welfare Automation Study Team 
            (CWAST) to proceed toward procuring a new information 
            technology system to replace the existing Child Welfare 
            Services/Case Management System (CWS/CMS).  Further, 
            requires the Office of Systems Integration (OSI) and the 
            department to report the results of these activities, in 
            addition to key milestones and anticipated timelines, to 
            the Legislature by March 1, 2013, for review during 2013 
            budget hearings.

          17)Assessment of Automation Costs:  Requires DSS and OSI to 
            have a qualified 3rd party conduct a cost-reasonableness 
            assessment of specified costs related to changes in the 
            Statewide Automated Welfare System (SAWS).  More 
            specifically, requires this assessment with respect to 
            costs that will be proposed by the project vendor in 
            order to consolidate two of the state's three existing 
            consortia systems into one new consortium (leaving the 
            state with a two-consortium system).  This migration will 
            consolidate data and functionality for the counties 
            currently served by Consortium-IV into the Los Angeles 
            Eligibility, Automated Determination, Evaluation and 
            Reporting (LEADER) Replacement System, which is newly 
            being developed.  The cost reasonableness assessment is 
            intended to assist the state in determining whether the 
            proposed overall costs for this migration are within 
            range of reasonableness, based on specified factors.

          Support:  Unknown

          Opposed:  Unknown







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