AB 784, as introduced, Weber. In-Home Supportive Services.
Existing law provides for the county-administered In-Home Supportive Services 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.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12300 of the Welfare and Institutions
2Code is amended to read:
(a) The purpose of this article is to provide in every
4county in a manner consistent with this chapter and the annual
5Budget Act those supportive services identified in this section to
6aged, blind, or disabled persons, as defined under this chapter,
7who are unable to perform the services themselves and who cannot
8safely remain in their homes or abodes of their own choosing unless
9these services are provided.
P2 1(b) Supportive services shall include domestic services and
2services related to domestic services, heavy cleaning, personal
3care services, accompaniment by a provider when needed during
4necessary travel to health-related appointments or to alternative
5resource sites, yard hazard abatement, protective supervision,
6teaching
and demonstration directed at reducing the need for other
7supportive services, and paramedical servicesbegin delete whichend deletebegin insert thatend insert make it
8possible for the recipient to establish and maintain an independent
9living arrangement.
10(c) Personal care services shall mean all of the following:
11(1) Assistance with ambulation.
12(2) Bathing, oral hygiene, and grooming.
13(3) Dressing.
14(4) Care and assistance with prosthetic devices.
15(5) Bowel, bladder, and menstrual care.
16(6) Repositioning, skin care, range of motion exercises, and
17transfers.
18(7) Feeding and assurance of adequate fluid intake.
19(8) Respiration.
20(9) Assistance with self-administration of medications.
21(d) Personal care services are available if these services are
22provided in the beneficiary’s home and other locations as may be
23authorized by the director. Among the locations that may be
24authorized by the director under this paragraph is the recipient’s
25place of employment if all of the following conditions are met:
26(1) The personal care services are limited to those that are
27currently authorized for a recipient in the
recipient’s home and
28those services are to be utilized by the recipient at the recipient’s
29place of employment to enable the recipient to obtain, retain, or
30return to work. Authorized services utilized by the recipient at the
31recipient’s place of employment shall be services that are relevant
32and necessary in supporting and maintaining employment.
33However, workplace services shall not be used to supplant any
34reasonable accommodations required of an employer by the
35Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.;
36ADA) or other legal entitlements or third-party obligations.
37(2) The provision of personal care services at the recipient’s
38place of employment shall be authorized only to the extent that
39the total hours utilized at the workplace are within the total personal
40care services hours authorized for the recipient in the home.
P3 1Additional personal care services hours may not be authorized in
2connection with a recipient’s
employment.
3(e) Where supportive services are provided by a person having
4the legal duty pursuant to the Family Code to provide for the care
5of his or her child who is the recipient, the provider of supportive
6services shall receive remuneration for the services only when the
7provider leaves full-time employment or is prevented from
8obtaining full-time employment because no other suitable provider
9is available and where the inability of the provider to provide
10supportive services may result in inappropriate placement or
11inadequate care.
12These providers shall be paid only for the following:
13(1) Services related to domestic services.
14(2) Personal care services.
15(3) Accompaniment by a provider when needed during
necessary
16travel to health-related appointments or to alternative resource
17sites.
18(4) Protective supervision only as needed because of the
19functional limitations of the child.
20(5) Paramedical services.
21(f) To encourage maximum voluntary services, so as to reduce
22governmental costs, respite care shall also be provided. Respite
23care is temporary or periodic service for eligible recipients to
24relieve persons who are providing care without compensation.
25(g) A person who is eligible to receive a service or services
26under an approved federal waiver authorized pursuant to Section
2714132.951, or a person who is eligible to receive a service or
28services authorized pursuant to Section 14132.95, shall not be
29eligible to receive the same service or services pursuant
to this
30article. In the event that the waiver authorized pursuant to Section
3114132.951, as approved by the federal government, does not extend
32eligibility to all persons otherwise eligible for services under this
33article, or does not cover a service or particular services, or does
34not cover the scope of a service that a person would otherwise be
35eligible to receive under this article, those persons who are not
36eligible for services, or for a particular service under the waiver
37or Section 14132.95 shall be eligible for services under this article.
38(h) (1) All services provided pursuant to this article shall be
39equal in amount, scope, and duration to the same services provided
40pursuant to Section 14132.95, including any adjustments that may
P4 1be made to those services pursuant to subdivision (e) of Section
214132.95.
3(2) Notwithstanding any other provision of this
article, the rate
4of reimbursement for in-home supportive services provided through
5any mode of service shall not exceed the rate of reimbursement
6established under subdivision (j) of Section 14132.95 for the same
7mode of service unless otherwise provided in the annual Budget
8Act.
9(3) The maximum number of hours available under Section
1014132.95, Section 14132.951, and this section, combined, shall
11be 283 hours per month. Any recipient of services under this article
12shall receive no more than the applicable maximum specified in
13Section 12303.4.
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