BILL ANALYSIS Ó AB 1471 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1471 (Budget Committee) As Amended August 24, 2012 Majority vote. Budget Bill Appropriation Takes Effect Immediately ----------------------------------------------------------------- |ASSEMBLY: | |(March 22, |SENATE: |23-11|(August 29, | | | |2012) | | |2012) | ----------------------------------------------------------------- Original Committee Reference: BUDGET SUMMARY : Makes statutory and technical changes necessary to implement Human Services-related provisions of the 2012-13 Budget. The Senate amendments delete the Assembly version of this bill, and instead: 1)Match Waiver. Extend 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, but inadvertently omitted from the 2012-13 human services budget trailer bills. 2)Duals Demonstration Project and Long-Term Services and Supports Integration. 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(IHSS)), and behavioral health services through Medi-Cal managed care plans. As part of this demonstration project, SB 1036 (Budget and Fiscal Review Committee), Chapter 45, Statutes of 2012, 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: AB 1471 Page 2 a) Clarifies that counties maintain the responsibility to establishing emergency back-up services, as specified. b) Extends current law provisions to continue to authorize nonprofit entities to operate. c) Specifies additional circumstances under which an agency seeking certification to provide IHSS can verify its financial status. More specifically, it 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. d) Requires the Department of Finance to consult with counties regarding implementation of IHSS Maintenance of Effort (MOE) provisions. e) 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, mirroring current law as it applies to counties. 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. Provisions of a recent budget trailer bill AB 1472 (Budget Committee), Chapter 25, Statutes of 2012, 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 criteria is applicable. Another recent human services budget trailer bill SB 1009 (Budget and Fiscal Review Committee), 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 makes 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 AB 1471 Page 3 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 (Budget and Fiscal Review Committee), Chapter 47, Statutes of 2012, made significant changes to the California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work program. This bill makes technical and conforming changes, including clarification 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 the Welfare and Institutions Code Section 6500 prior to July 1, 2012. 4)Make additional minor, technical changes to provisions recently enacted in human services-related budget trailer bills. 5)Appropriate $1,000 from the General Fund to the California Health and Human Services Agency. 6)Contain an appropriation allowing this bill to take effect immediately upon enactment. AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the Legislature to enact statutory changes relating to the Budget Act of 2012. COMMENTS : These amendments are technical, non-substantive, and clean-up in nature. Analysis Prepared by : Nicole Vazquez / BUDGET / (916) 319-2099 FN: 0005830 AB 1471 Page 4