BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 930
                                                                  Page  1

          Date of Hearing:   August 25, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 930 (Evans) - As Amended:  August 15, 2011 

          Policy Committee:                              Human 
          ServicesVote:4 - 1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill repeals various anti-fraud provisions in the In-Home 
          Supportive Services (IHSS) program that were put in place as 
          part of a 2009 budget agreement. Specifically, this bill: 

          1)Repeals the requirement that IHSS recipients provide 
            fingerprint images at the time of assessment or reassessment.

          2)Repeals the requirement that the standardized timesheet 
            include designated spaces for the index fingerprints of the 
            provider and the recipient.

          3)Deletes the prohibitions related to the use of a post office 
            box address by an IHSS provider.

          4)Requires that when an IHSS provider applicant is denied 
            eligibility to provide supportive services due to a criminal 
            record and that individual appeals the decision, the county, 
            public authority, or nonprofit consortium responsible for that 
            denial must send the Department of Social Services (DSS) the 
            individual's state-level criminal offender record information 
            (CORI) that has been provided by the Department of Justice 
            (DOJ). 

           FISCAL EFFECT  

          Savings of $41.6 million ($21 million GF) spread over seven 
          years associated with not implementing the finger imaging 
          requirements. Those savings would be offset to an unknown degree 
          by forgone savings associated with deterring fraudulent 
          activity. 








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          1)Absent this bill, it is assumed that the administration would 
            need to comply at some point with current law and implement 
            the finger imaging requirements and the prohibition against 
            providers using post office boxes. Previous budget estimates 
            suggest that total costs for finger imaging would be 
            approximately $41.6 million ($21 million GF) over seven years. 
            Therefore, this bill removes that cost pressure.

          2)Though these anti-fraud provisions were never implemented, the 
            Governor's 2010-11 budget assumed all of the anti-fraud 
            initiatives adopted in 2009 would result in approximately $390 
            million ($135 million GF) in savings in the first full year. 
            It is unclear how much of that would have been attributable to 
            finger imaging and the prohibition against post office boxes.  
            Proponents of this finger imaging policy would argue, however, 
            that there are foregone savings of perhaps tens of millions of 
            dollars associated with this legislation. 

            Proponents of this legislation, on the other hand, argue that 
            there is no evidence of widespread fraud in the IHSS program 
            and therefore it is unlikely the level of savings assumed by 
            the previous administration is realistic.

           COMMENTS  

           1)Rationale  .  According to the author, this bill is intended to 
            repeal three central components of the IHSS Anti-Fraud 
            Initiative included in the 2009-10 budget trailer bill, (AB X4 
            19, Statutes of 2009).  The author argues that there is no 
            evidence to support the effectiveness of these three 
            anti-fraud mandates and states, "In the absence of this 
            evidence, the $41.6 million to be spent on this part of the 
            program should be spent on other priorities."

            In addition, this bill clarifies that counties and public 
            authorities are responsible for forwarding background check 
            information to DSS in the event a provider is denied 
            certification to work as an IHSS provider and that applicant 
            appeals the decision to DSS. 

           2)Arguments in support  .  The California State Association of 
            Counties (CSAC) and County Welfare Directors Association of 
            California (CWDA) note in their joint support letter that the 
            state has estimated that it would need $8.2 million this year 








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            alone and a total of $41.6 million over the next seven years, 
            to implement the recipient fingerprinting requirement.  
            According to CSAC and CWDA , "Clearly, in these difficult 
            fiscal times, the expenditure of millions to implement an 
            anti-fraud initiative in the absence of demonstrated 
            widespread fraud would be imprudent at best."  

            The Western Center on Law and Poverty quotes a May 8, 2010 
            letter to DSS from the Obama Administration concerning 
            fingerprinting in the CalFresh program, which notes that 
            "Ým]ost States satisfy the requirement to establish a system 
            to prevent duplicate participation by matching names with 
            social security numbers, which is far less costly than finger 
            image systems yet equally effective at detecting duplicate 
            participation."

           3)Arguments in opposition  .  The California District Attorneys 
            Association (CDAA) suggests that the anti-fraud measures in 
            question, and particularly the fingerprinting requirements 
            have a deterrent effect and that repealing these measures 
            "will significantly hinder efforts to deter persons from 
            seeking duplicate aid and could potentially make the discovery 
            of such fraud more difficult."  CDAA also opposes repeal of 
            the prohibition on using post office boxes, asserting that 
            "Ýt]he less physical information law enforcement and 
            prosecutors have about persons who would defraud the IHSS 
            program, the harder it is to intercede and stop such 
            activity."



           Analysis Prepared by :    Julie Salley-Gray / APPR. / (916) 
          319-2081