BILL NUMBER: SB 930	CHAPTERED
	BILL TEXT

	CHAPTER  649
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  SEPTEMBER 1, 2011
	PASSED THE ASSEMBLY  AUGUST 30, 2011
	AMENDED IN ASSEMBLY  AUGUST 15, 2011

INTRODUCED BY   Senator Evans
   (Principal coauthor: Assembly Member Yamada)
   (Coauthor: Assembly Member Beall)

                        FEBRUARY 18, 2011

   An act to amend Sections 12301.25, 12301.6, and 12305.86 of, and
to repeal Sections 12305.73 and 12305.85 of, the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 930, Evans. In-home supportive services: enrollment and
fingerprinting requirements.
   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 requires a county, public authority, or
nonprofit consortium, as applicable, to conduct an investigation of
the qualifications and background of an IHSS provider applicant,
including specified criminal background checks.
   This bill would require the county, public authority, or nonprofit
consortium to send the State Department of Social Services a copy of
the state-level criminal offender record information search response
that is provided to that entity by the Department of Justice for any
individual who has requested an appeal of a denial of placement on
the registry of IHSS personnel or denial of eligibility to provide
supportive services to an IHSS recipient.
   Existing law provides for the Medi-Cal program, administered by
the State Department of Health Care Services, under which health care
services are provided to qualified low-income persons. Under
existing law, IHSS recipients who are eligible for the Medi-Cal
program, are provided with personal care option services, as defined,
in lieu of receiving these services under the IHSS program.
   Under existing law, the State Department of Social Services, in
consultation with the county welfare departments, is required to
develop protocols and procedures for obtaining fingerprint images of
all individuals who are being assessed or reassessed to receive
supportive services, as specified. Existing law also requires the
standardized time provider timesheet used to track the work performed
by providers of in-home supportive services to contain specified
information, including, effective July 1, 2011, designated spaces for
the index fingerprints of the provider and recipient.
   This bill would delete the requirements pertaining to obtaining
fingerprint images of IHSS recipients, and the requirement that the
provider timesheet include spaces for provider and recipient
fingerprints.
   Existing law requires an IHSS provider enrollment form to be
completed using the provider's physical residence address, and
prohibits the use of a post office box address. Existing law also
prohibits a county from mailing a provider's paycheck to a post
office box address, unless the county approves a provider request to
do so, as specified.
   This bill would delete these requirements, and the prohibitions
relating to the use of a post office box address by an IHSS provider.




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

  SECTION 1.  Section 12301.25 of the Welfare and Institutions Code
is amended to read:
   12301.25.  (a) Notwithstanding any other provision of law, the
standardized provider timesheet used to track the work performed by
providers of services under this article shall contain both of the
following:
   (1) A certification to be signed by the provider and recipient,
verifying that the information provided in the timesheet is true and
correct.
   (2) A statement that the provider or recipient may be subject to
civil penalties if the information provided is found not to be true
and correct.
   (b) A person who is convicted of fraud, as defined in subdivision
(a) of Section 12305.8, resulting from intentional deception or
misrepresentation in the provision of timesheet information under
this section shall, in addition to any criminal penalties imposed, be
subject to a civil penalty of at least five hundred dollars ($500),
but not to exceed one thousand dollars ($1,000), for each violation.
  SEC. 2.  Section 12301.6 of the Welfare and Institutions Code is
amended to read:
   12301.6.  (a) Notwithstanding Sections 12302 and 12302.1, a county
board of supervisors may, at its option, elect to do either of the
following:
   (1) Contract with a nonprofit consortium to provide for the
delivery of in-home supportive services.
   (2) Establish, by ordinance, a public authority to provide for the
delivery of in-home supportive services.
   (b) (1) To the extent that a county elects to establish a public
authority pursuant to paragraph (2) of subdivision (a), the enabling
ordinance shall specify the membership of the governing body of the
public authority, the qualifications for individual members, the
manner of appointment, selection, or removal of members, how long
they shall serve, and other matters as the board of supervisors deems
necessary for the operation of the public authority.
   (2) A public authority established pursuant to paragraph (2) of
subdivision (a) shall be both of the following:
   (A) An entity separate from the county, and shall be required to
file the statement required by Section 53051 of the Government Code.
   (B) A corporate public body, exercising public and essential
governmental functions and that has all powers necessary or
convenient to carry out the delivery of in-home supportive services,
including the power to contract for services pursuant to Sections
12302 and 12302.1 and that makes or provides for direct payment to a
provider chosen by the recipient for the purchase of services
pursuant to Sections 12302 and 12302.2. Employees of the public
authority shall not be employees of the county for any purpose.
   (3) (A) As an alternative, the enabling ordinance may designate
the board of supervisors as the governing body of the public
authority.
   (B) Any enabling ordinance that designates the board of
supervisors as the governing body of the public authority shall also
specify that no fewer 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 services under this article.
   (C) If the enabling ordinance designates the board of supervisors
as the governing body of the public authority, it shall also require
the appointment of an advisory committee of not more than 11
individuals who shall be designated in accordance with subparagraph
(B).
   (D) Prior to making designations of committee members pursuant to
subparagraph (C), or governing body members in accordance with
paragraph (4), the board of supervisors shall solicit recommendations
of qualified members of either the governing body of the public
authority or of any advisory committee through a fair and open
process that includes the provision of reasonable written notice to,
and a reasonable response time by, members of the general public and
interested persons and organizations.
   (4) If the enabling ordinance does not designate the board of
supervisors as the governing body of the public authority, the
enabling ordinance shall require the membership of the governing body
to meet the requirements of subparagraph (B) of paragraph (3).
   (c) (1) Any public authority created pursuant to this section
shall be deemed to be the employer of in-home supportive services
personnel referred to recipients under paragraph (3) of subdivision
(e) within the meaning of Chapter 10 (commencing with Section 3500)
of Division 4 of Title 1 of the Government Code. Recipients shall
retain the right to hire, fire, and supervise the work of any in-home
supportive services personnel providing services to them.
   (2) (A) Any nonprofit consortium contracting with a county
pursuant to this section shall be deemed to be the employer of
in-home supportive services personnel referred to recipients pursuant
to paragraph (3) of subdivision (e) for the purposes of collective
bargaining over wages, hours, and other terms and conditions of
employment.
   (B) Recipients shall retain the right to hire, fire, and supervise
the work of any in-home supportive services personnel providing
services for them.
   (d) A public authority established pursuant to this section or a
nonprofit consortium contracting with a county pursuant to this
section, when providing for the delivery of services under this
article by contract in accordance with Sections 12302 and 12302.1 or
by direct payment to a provider chosen by a recipient in accordance
with Sections 12302 and 12302.2, shall comply with and be subject to,
all statutory and regulatory provisions applicable to the respective
delivery mode.
   (e) Any nonprofit consortium contracting with a county pursuant to
this section or any public authority established pursuant to this
section shall provide for all of the following functions under this
article, but shall not be limited to those functions:
   (1) The provision of assistance to recipients in finding in-home
supportive services personnel through the establishment of a
registry.
   (2) (A) (i) The investigation of the qualifications and background
of potential personnel. Upon the effective date of the amendments to
this section made during the 2009-10 Fourth Extraordinary Session of
the Legislature, the investigation with respect to any provider in
the registry or prospective registry applicant shall include criminal
background checks requested by the nonprofit consortium or public
authority and conducted by the Department of Justice pursuant to
Section 15660, for those public authorities or nonprofit consortia
using the agencies on the effective date of the amendments to this
section made during the 2009-10 Fourth Extraordinary Session of the
Legislature. Criminal background checks shall be performed no later
than July 1, 2010, for any provider who is already on the registry on
the effective date of amendments to this section made during the
2009-10 Fourth Extraordinary Session of the Legislature, for whom a
criminal background check pursuant to this section has not previously
been provided, as a condition of the provider's continued enrollment
in the IHSS program. Criminal background checks shall be conducted
at the provider's expense.
   (ii) Upon notice from the Department of Justice notifying the
public authority or nonprofit consortium that the prospective
registry applicant has been convicted of a criminal offense specified
in Section 12305.81, the public authority or nonprofit consortium
shall deny the request to be placed on the registry for providing
supportive services to any recipient of the In-Home Supportive
Services program.
   (iii)  Commencing 90 days after the effective date of the act that
adds Section 12305.87, and upon notice from the Department of
Justice that an applicant who is subject to the provisions of that
section has been convicted of, or incarcerated following conviction
for, an offense described in subdivision (b) of that section, the
public authority or nonprofit consortium shall deny the applicant's
request to become a provider of supportive services to any recipient
of in-home supportive services, subject to the individual waiver and
exception processes described in that section. An applicant who is
denied on the basis of Section 12305.87 shall be informed by the
public authority or nonprofit consortium of the individual waiver and
exception processes described in that section.
   (B) (i) Notwithstanding any other law, the public authority or
nonprofit consortium shall provide an individual with a copy of his
or her state-level criminal offender record information search
response as provided to the entity by the Department of Justice if
the individual has been denied placement on the registry for
providing supportive services to any recipient of the In-Home
Supportive Services program based on this information. The copy of
the state-level criminal offender record information search response
shall be included with the individual's notice of denial. Along with
the notice of denial, the public authority or public consortium shall
also provide information in plain language on how an individual may
contest the accuracy and completeness of, and refute any erroneous or
inaccurate information in, his or her state-level criminal offender
record information search response as provided by the Department of
Justice as authorized by Section 11126 of the Penal Code. The
state-level criminal offender record information search response
shall not be modified or altered from its form or content as provided
by the Department of Justice.
   (ii) The department shall develop a written appeal process for the
current and prospective providers who are determined ineligible to
receive payment for the provision of services in the In-Home
Supportive Services program. Notwithstanding any other law, the
public authority or nonprofit consortium shall provide the department
with a copy of the state-level criminal offender record information
search response as provided to the entity by the Department of
Justice for any individual who has requested an appeal of a denial of
placement on the registry for providing supportive services to any
recipient of the In-Home Supportive Services program based on clause
(ii) or (iii) of subparagraph (A). The state-level criminal offender
record information search response shall not be modified or altered
from its form or content as provided by the Department of Justice and
shall be provided to the address specified by the department in its
written request.
   (C) This paragraph shall not be construed to prohibit the
Department of Justice from assessing a fee pursuant to Section 11105
or 11123 of the Penal Code to cover the cost of furnishing summary
criminal history information.
   (D) As used in this section, "nonprofit consortium" means a
nonprofit public benefit corporation that has all powers necessary to
carry out the delivery of in-home supportive services under the
delegated authority of a government entity.
   (E) A nonprofit consortium or a public authority authorized to
secure a criminal background check clearance pursuant to this section
shall accept a clearance for an applicant described in clause (i) of
subparagraph (A) who has been deemed eligible by another nonprofit
consortium, public authority, or county with criminal background
check authority pursuant to either Section 12305.86 or this section,
to receive payment for providing services pursuant to this article.
Existence of a clearance shall be determined by verification through
the case management, information, and payrolling system, that another
county, nonprofit consortium, or public authority with criminal
background check authority pursuant to Section 12305.86 or this
section has deemed the current or prospective provider to be eligible
to receive payment for providing services pursuant to this article.
   (3) Establishment of a referral system under which in-home
supportive services personnel shall be referred to recipients.
   (4) Providing for training for providers and recipients.
   (5) (A) Performing any other functions related to the delivery of
in-home supportive services.
   (B) (i) Upon request of a recipient of in-home supportive services
pursuant to this chapter, or a recipient of personal care services
under the Medi-Cal program pursuant to Section 14132.95, a public
authority or nonprofit consortium may provide a criminal background
check on a nonregistry applicant or provider from the Department of
Justice, in accordance with clause (i) of subparagraph (A) of
paragraph (2) of subdivision (e). If the person who is the subject of
the criminal background check is not hired or is terminated because
of the information contained in the criminal background report, the
provisions of subparagraph (B) of paragraph (2) of subdivision (e)
shall apply.
   (ii) A recipient of in-home supportive services pursuant to this
chapter or a recipient of personal care services under the Medi-Cal
program may elect to employ an individual as their service provider
notwithstanding the individual's record of previous criminal
convictions, unless those convictions include any of the offenses
specified in Section 12305.81.
   (6) Ensuring that the requirements of the personal care option
pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are met.
   (f) (1) Any nonprofit consortium contracting with a county
pursuant to this section or any public authority created pursuant to
this section shall be deemed not to be the employer of in-home
supportive services personnel referred to recipients under this
section for purposes of liability due to the negligence or
intentional torts of the in-home supportive services personnel.
   (2) In no case shall a nonprofit consortium contracting with a
county pursuant to this section or any public authority created
pursuant to this section be held liable for action or omission of any
in-home supportive services personnel whom the nonprofit consortium
or public authority did not list on its registry or otherwise refer
to a recipient.
   (3) Counties and the state shall be immune from any liability
resulting from their implementation of this section in the
administration of the In-Home Supportive Services program. Any
obligation of the public authority or consortium pursuant to this
section, whether statutory, contractual, or otherwise, shall be the
obligation solely of the public authority or nonprofit consortium,
and shall not be the obligation of the county or state.
   (g) Any nonprofit consortium contracting with a county pursuant to
this section shall ensure that it has a governing body that complies
with the requirements of subparagraph (B) of paragraph (3) of
subdivision (b) or an advisory committee that complies with
subparagraphs (B) and (C) of paragraph (3) of subdivision (b).
   (h) Recipients of services under this section may elect to receive
services from in-home supportive services personnel who are not
referred to them by the public authority or nonprofit consortium.
Those personnel shall be referred to the public authority or
nonprofit consortium for the purposes of wages, benefits, and other
terms and conditions of employment.
   (i) (1) 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.
   (2) The Controller shall make any deductions from the wages of
in-home supportive services personnel, who are employees of a public
authority pursuant to paragraph (1) of subdivision (c), that are
agreed to by that public authority in collective bargaining with the
designated representative of the in-home supportive services
personnel pursuant to Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1 of the Government Code and transfer the
deducted funds as directed in that agreement.
   (3) Any county that elects to provide in-home supportive services
pursuant to this section shall be responsible for any increased costs
to the in-home supportive services case management, information, and
payrolling system attributable to that election. The department
shall collaborate with any county that elects to provide in-home
supportive services pursuant to this section prior to implementing
the amount of financial obligation for which the county shall be
responsible.
   (j) To the extent permitted by federal law, personal care option
funds, obtained pursuant to Subchapter 19 (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code, along with
matching funds using the state and county sharing ratio established
in subdivision (c) of Section 12306, or any other funds that are
obtained pursuant to Subchapter 19 (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code, may be used to
establish and operate an entity authorized by this section.
   (k) Notwithstanding any other law, the county, in exercising its
option to establish a public authority, shall not be subject to
competitive bidding requirements. However, contracts entered into by
either the county, a public authority, or a nonprofit consortium
pursuant to this section shall be subject to competitive bidding as
otherwise required by law.
   (l) (1) The department may adopt regulations implementing this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. For the purposes of the Administrative
Procedure Act, the adoption of the regulations shall be deemed an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare. Notwithstanding Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, these emergency regulations shall not be
subject to the review and approval of the Office of Administrative
Law.
   (2) Notwithstanding subdivision (h) of Section 11346.1 and Section
11349.6 of the Government Code, the department shall transmit these
regulations directly to the Secretary of State for filing. The
regulations shall become effective immediately upon filing by the
Secretary of State.
   (3) Except as otherwise provided for by Section 10554, the Office
of Administrative Law shall provide for the printing and publication
of these regulations in the California Code of Regulations. Emergency
regulations adopted pursuant to this subdivision shall remain in
effect for no more than 180 days.
   (m) (1) In the event that a county elects to form a nonprofit
consortium or public authority pursuant to subdivision (a) before the
State Department of Health Care Services has obtained all necessary
federal approvals pursuant to paragraph (3) of subdivision (j) of
Section 14132.95, all of the following shall apply:
   (A) Subdivision (d) shall apply only to those matters that do not
require federal approval.
   (B) The second sentence of subdivision (h) shall not be operative.

   (C) The nonprofit consortium or public authority shall not provide
services other than those specified in paragraphs (1), (2), (3),
(4), and (5) of subdivision (e).
   (2) Paragraph (1) shall become inoperative when the State
Department of Health Care Services has obtained all necessary federal
approvals pursuant to paragraph (3) of subdivision (j) of Section
14132.95.
   (n) (1) One year after the effective date of the first approval by
the department granted to the first public authority, the Bureau of
State Audits shall commission a study to review the performance of
that public authority.
   (2) The study shall be submitted to the Legislature and the
Governor not later than two years after the effective date of the
approval specified in subdivision (a). The study shall give special
attention to the health and welfare of the recipients under the
public authority, including the degree to which all required services
have been delivered, out-of-home placement rates, prompt response to
recipient complaints, and any other issue the director deems
relevant.
   (3) The report shall make recommendations to the Legislature and
the Governor for any changes to this section that will further ensure
the well-being of recipients and the most efficient delivery of
required services.
   (o) Commencing July 1, 1997, the department shall provide annual
reports to the appropriate fiscal and policy committees of the
Legislature on the efficacy of the implementation of this section,
and shall include an assessment of the quality of care provided
pursuant to this section.
   (p) (1) Notwithstanding any other law, and except as provided in
paragraph (2), the department shall, no later than January 1, 2009,
implement subparagraphs (A) and (B) through an all-county letter from
the director:
   (A) Subparagraphs (A) and (B) of paragraph (2) of subdivision (e).

   (B) Subparagraph (B) of paragraph (5) of subdivision (e).
   (2) The department shall, no later than July 1, 2009, adopt
regulations to implement subparagraphs (A) and (B) of paragraph (1).
   (q) The amendments made to paragraphs (2) and (5) of subdivision
(e) made by the act that added this subdivision during the 2007-08
Regular Session of the Legislature shall be implemented only to the
extent that an appropriation is made in the annual Budget Act or
other statute, except for the amendments that added subparagraph (D)
of paragraph (2) of subdivision (e), which shall go into effect
January 1, 2009.
  SEC. 3.  Section 12305.73 of the Welfare and Institutions Code is
repealed.
  SEC. 4.  Section 12305.85 of the Welfare and Institutions Code is
repealed.
  SEC. 5.  Section 12305.86 of the Welfare and Institutions Code is
amended to read:
   12305.86.  (a) Effective October 1, 2009, a county shall
investigate the background of a person who seeks to become a
supportive services provider and who is not listed on the registry of
a public authority or nonprofit consortium pursuant to Section
12301.6. This investigation shall include criminal background checks
conducted by the Department of Justice pursuant to Section 15660.
   (b) No later than July 1, 2010, the county shall complete a
criminal background check pursuant to subdivision (a) for a provider
who is providing in-home supportive services prior to October 1,
2009, and who is not listed on a public authority or nonprofit
consortium registry, as a condition of the provider's continued
enrollment in the IHSS program. Criminal background checks shall be
conducted at the provider's expense.
   (c) (1) Upon notice from the Department of Justice that a
prospective or current provider has been convicted of a criminal
offense specified in Section 12305.81, the county shall deny or
terminate the applicant's request to become a provider of supportive
services to any recipient of the In-Home Supportive Services program.

   (2) Commencing 90 days after the effective date of the act that
adds Section 12305.87, and upon notice from the Department of Justice
that an applicant who is subject to the provisions of that section
has been convicted of, or incarcerated following conviction for, an
offense described in subdivision (b) of that section, the county
shall deny the applicant's request to become a provider of supportive
services to any recipient of in-home supportive services, subject to
the individual waiver and exception processes described in that
section. An applicant who is denied on the basis of Section 12305.87
shall be informed by the county of the individual waiver and
exception processes described in that section.
   (3) Notwithstanding any other law, the county shall provide an
individual with a copy of his or her state-level criminal offender
record information search response as provided to the county by the
Department of Justice if the individual has been denied eligibility
to provide supportive services to any recipient of the In-Home
Supportive Services program based on this information. The copy of
the state-level criminal offender record information search response
shall be included with the individual's notice of denial. Along with
the notice of denial, the county shall also provide information in
plain language on how an individual may contest the accuracy and
completeness of, and refute any erroneous or inaccurate information
in, his or her state-level criminal offender record information
search response as provided by the Department of Justice as
authorized by Section 11126 of the Penal Code. The state-level
criminal offender record information search response shall not be
modified or altered from its form or content as provided by the
Department of Justice.
   (4) The department shall develop a written appeal process for the
current and prospective providers who are determined ineligible to
receive payment for the provision of services under the In-Home
Supportive Services program. Notwithstanding any other law, the
county shall provide the department with a copy of the state-level
criminal offender record information search response as provided to
the county by the Department of Justice for any individual who has
requested an appeal based upon a denial of eligibility to provide
supportive services to any recipient of the In-Home Supportive
Services program pursuant to Sections 12305.81 and 12305.87. The
state-level criminal offender record information search response
shall not be modified or altered from its form or content as provided
by the Department of Justice.
   (d) This section shall not be construed to prohibit the Department
of Justice from assessing a fee pursuant to Section 11105 or 11123
of the Penal Code to cover the cost of furnishing summary criminal
history information.
   (e) A county authorized to secure a criminal background check
clearance pursuant to this section shall accept a clearance for an
individual described in subdivision (a) or (b) who has been deemed
eligible by another nonprofit consortium, public authority, or county
with criminal background check authority pursuant to either Section
12301.6 or this section, to receive payment for providing services
pursuant to this article. Existence of a clearance shall be
determined by verification through the case management, information,
and payrolling system, that another county, nonprofit consortium, or
public authority with criminal background check authority pursuant to
Section 12301.6 or this section has deemed the current or
prospective provider to be eligible to receive payment for providing
services pursuant to this article.
   (f) The department shall seek federal financial participation, to
the extent possible, to cover any costs associated with this section.