BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1471
Author: Assembly Budget Committee
Amended: 8/24/12 in Senate
Vote: 21
SENATE BUDGET & FISCAL REVIEW COMMITTEE : 10-4, 8/23/12
AYES: Leno, Alquist, DeSaulnier, Hancock, Liu, Lowenthal,
Negrete McLeod, Simitian, Wolk, Wright
NOES: Emmerson, Fuller, Gaines, La Malfa
NO VOTE RECORDED: Anderson, Evans
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2012: Human Services Omnibus
SOURCE : Author
DIGEST : This bill makes statutory and technical changes
to implement the Human Services provisions of the Budget
Act of 2012.
Senate Floor Amendments of 8/24/12 make technical and
clarifying changes to sections of the Human Services
trailer bill that relate to the integration of the In-Home
Supportive Services (IHSS) program in to managed health
care. Specifically this amendments include (1) a change in
wording to appropriately reference the relationship of
individual IHSS providers to counties; (2) clarification
that specified agreements reached by recognized employee
organizations and the Department of Social Services (DSS)
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or Statewide Authority do not take effect until the county
implementation date, as specified; (3) clarification that
existing limitations on state participation in wage
increases apply to increases after July 1, 2012; (4)
clarification that locally negotiated increases in wages
and benefits presumed under existing law to be approved by
DSS are limited to a net increase of 10 percent per year,
and 20 percent cumulatively, during a specified period; and
(5) other technical, non-substantive changes.
ANALYSIS : This bill contains the following provisions:
1.Match Waiver : Extends by one year (through the 2012-13
state fiscal year) a "match waiver" policy that was in
effect for the 2010-11 and 2011-12 state fiscal years.
Under the waiver, counties can receive the full state
General Fund allocation for CalFresh administration
without paying their share of nonfederal costs for the
amount above an applicable maintenance of effort
requirement (which is tied to 1996-97 expenditures).
This extension was adopted by both houses earlier in the
year, but inadvertently left out of the previous human
services budget trailer bills.
2.Coordinated Care Initiative (Human Services ): The
2012-13 Budget included changes to authorize a
demonstration project in eight counties that integrates
the delivery of medical services, long-term services and
supports (including In-Home Supportive Services), and
behavioral health services through Medi-Cal managed care
plans. As part of this demonstration project, SB 1036,
on of this year's trailer bills, also established an IHSS
Statewide Authority for specified purposes of collective
bargaining as IHSS becomes a benefit provided through
managed care. In addition to other technical changes to
these provisions, this bill:
A. Clarifies that counties maintain the responsibility
to establish emergency back-up services, as specified;
B. Specifies additional circumstances under which an
agency seeking certification to provide IHSS can
verify its financial status. More specifically, it
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would allow a nonprofit or public entity to utilize a
signed letter of support from the organization or
entity that is responsible for the majority of the
applicant's revenue.
C. Requires the Department of Finance to consult with
counties regarding implementation of IHSS Maintenance
of Effort provisions; and
D. Clarifies that the state is immune from, and
managed care health plans are not considered employers
of IHSS providers for purposes of, liability resulting
from implementation of specified laws or from the
negligence or intentional acts of a contract provider.
1.Licensing : Existing law, the California Community Care
Facilities Act, authorizes a licensee of certain adult
residential facilities or group homes to utilize secured
perimeters, as defined and under specified circumstances.
Recent budget trailer bill language (AB 1472, Chapter
25, Statutes of 2012) also specified that these
perimeters may not be utilized in residences of children
in foster care under the jurisdiction of the juvenile
court. This bill makes technical changes to the
definition of when that criterion is applicable.
Another recent human services budget trailer bill, SB
1009 (Chapter 34, Statutes of 2012), transferred
responsibility for licensing psychiatric health
facilities and mental health rehabilitation centers from
the Department of Mental Health to the Department of
Social Services (DSS). To implement required criminal
background checks, this bill would make changes to
require an applicant, licensee, or direct care staff
person, as appropriate, to submit fingerprint images and
other information to the Department of Justice (DOJ) in
order for DOJ to send the results to DSS. Provisions of
SB 1009 would instead have required DSS to submit that
information to DOJ.
2.CalWORKs : A recent budget trailer bill, SB 1041 (Chapter
47, Statutes of 2012), made significant changes to
CalWORKs welfare-to-work program. This bill makes
technical and conforming changes, including clarification
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of the timing of adjustments in benefits that result from
changes in income for families subject to annual
eligibility reporting requirements and of the
transitional eligibility for assistance of pregnant women
who would otherwise have been eligible for aid under the
Cal-Learn program, as specified.
3.Developmental Services : AB 1472 established new
restrictions on admissions to Developmental Centers.
This bill clarifies that the admissions and recommitment
criteria applicable prior to these changes would continue
to apply to individuals who were admitted to
Developmental Centers pursuant to Section 6500 of the
Welfare and Institutions Code prior to July 1, 2012.
4.Additional minor, technical changes to provisions
recently enacted in human services-related budget trailer
bills.
This bill also appropriates $1,000 from the General Fund to
the California Health and Human Services Agency.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
CTW:n 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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