BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1471 (Budget Committee)
          As Amended  August 24, 2012
          Majority vote.  Budget Bill Appropriation Takes Effect 
          Immediately
           
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          |ASSEMBLY:  |     |(March 22,      |SENATE: |23-11|(August 29,    |
          |           |     |2012)           |        |     |2012)          |
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           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: 









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             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 








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            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

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