BILL NUMBER: AB 784 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Weber
FEBRUARY 21, 2013
An act to amend add Section
12300 of 12331 to the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 784, as amended, Weber. In-Home Supportive Services.
Services: provider health care benefits.
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. Under existing law, the state, a county, a
public authority, a nonprofit consortium, or an IHSS recipient may
be considered the employer of an IHSS provider.
Existing federal law, the federal Patient Protection and
Affordable Care Act (PPACA), enacts various health care coverage
market reforms that take effect January 1, 2014. Among other things,
PPACA imposes an assessment on certain employers who fail to offer to
their full-time employees and their dependents the opportunity to
enroll in minimum essential coverage under an eligible
employer-sponsored plan.
This bill would make a technical, nonsubstantive change
to these provisions. establish an advisory committee
on the impact of PPACA on health care benefits for providers of IHSS
providers and would provide for the appointment of me
mbers to the committee by the Governor, the Speaker of the Assembly,
and the Senate Committee on Rules, as specified. The bill would
require the advisory committee to provide advice on the appropriate
employer in the IHSS program to provide health care
benefits to IHSS providers under PPACA.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12331 is added to the
Welfare and Institutions Code , to read:
12331. (a) There shall be established a 13-member advisory
committee to assess the impact of the federal Patient Protection and
Affordable Care Act on health care benefits for in-home supportive
services providers. At least 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 as recipients of in-home supportive services.
(1) At least two members of the advisory committee shall be
current or former providers of in-home supportive services.
(2) Individuals who represent organizations that advocate for
people with disabilities or seniors may be appointed to the advisory
committee.
(3) Individuals from labor organizations that are designated
representatives of IHSS providers shall be appointed to the advisory
committee.
(b) The Governor shall appoint seven members, the Speaker of the
Assembly shall appoint three members, and the Senate Committee on
Rules shall appoint three members.
(c) Prior to appointment of the members to the advisory committee,
the Governor, the Speaker of the Assembly, and the Senate Committee
on Rules shall consult with labor organizations and organizations
that advocate for seniors and persons with disabilities regarding
these appointments.
(d) The advisory committee established pursuant to subdivision (a)
shall provide advice on the appropriate employer under the In-Home
Supportive Services program to provide health care benefits to
in-home supportive services providers under the Patient Protection
and Affordable Care Act.
SECTION 1. Section 12300 of the Welfare and
Institutions Code is amended to read:
12300. (a) The purpose of this article is to provide in every
county in a manner consistent with this chapter and the annual Budget
Act those supportive services identified in this section to aged,
blind, or disabled persons, as defined under this chapter, who are
unable to perform the services themselves and who cannot safely
remain in their homes or abodes of their own choosing unless these
services are provided.
(b) Supportive services shall include domestic services and
services related to domestic services, heavy cleaning, personal care
services, accompaniment by a provider when needed during necessary
travel to health-related appointments or to alternative resource
sites, yard hazard abatement, protective supervision, teaching and
demonstration directed at reducing the need for other supportive
services, and paramedical services that make it possible for the
recipient to establish and maintain an independent living
arrangement.
(c) Personal care services shall mean all of the following:
(1) Assistance with ambulation.
(2) Bathing, oral hygiene, and grooming.
(3) Dressing.
(4) Care and assistance with prosthetic devices.
(5) Bowel, bladder, and menstrual care.
(6) Repositioning, skin care, range of motion exercises, and
transfers.
(7) Feeding and assurance of adequate fluid intake.
(8) Respiration.
(9) Assistance with self-administration of medications.
(d) Personal care services are available if these services are
provided in the beneficiary's home and other locations as may be
authorized by the director. Among the locations that may be
authorized by the director under this paragraph is the recipient's
place of employment if all of the following conditions are met:
(1) The personal care services are limited to those that are
currently authorized for a recipient in the recipient's home and
those services are to be utilized by the recipient at the recipient's
place of employment to enable the recipient to obtain, retain, or
return to work. Authorized services utilized by the recipient at the
recipient's place of employment shall be services that are relevant
and necessary in supporting and maintaining employment. However,
workplace services shall not be used to supplant any reasonable
accommodations required of an employer by the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal
entitlements or third-party obligations.
(2) The provision of personal care services at the recipient's
place of employment shall be authorized only to the extent that the
total hours utilized at the workplace are within the total personal
care services hours authorized for the recipient in the home.
Additional personal care services hours may not be authorized in
connection with a recipient's employment.
(e) Where supportive services are provided by a person having the
legal duty pursuant to the Family Code to provide for the care of his
or her child who is the recipient, the provider of supportive
services shall receive remuneration for the services only when the
provider leaves full-time employment or is prevented from obtaining
full-time employment because no other suitable provider is available
and where the inability of the provider to provide supportive
services may result in inappropriate placement or inadequate care.
These providers shall be paid only for the following:
(1) Services related to domestic services.
(2) Personal care services.
(3) Accompaniment by a provider when needed during necessary
travel to health-related appointments or to alternative resource
sites.
(4) Protective supervision only as needed because of the
functional limitations of the child.
(5) Paramedical services.
(f) To encourage maximum voluntary services, so as to reduce
governmental costs, respite care shall also be provided. Respite care
is temporary or periodic service for eligible recipients to relieve
persons who are providing care without compensation.
(g) A person who is eligible to receive a service or services
under an approved federal waiver authorized pursuant to Section
14132.951, or a person who is eligible to receive a service or
services authorized pursuant to Section 14132.95, shall not be
eligible to receive the same service or services pursuant to this
article. In the event that the waiver authorized pursuant to Section
14132.951, as approved by the federal government, does not extend
eligibility to all persons otherwise eligible for services under this
article, or does not cover a service or particular services, or does
not cover the scope of a service that a person would otherwise be
eligible to receive under this article, those persons who are not
eligible for services, or for a particular service under the waiver
or Section 14132.95 shall be eligible for services under this
article.
(h) (1) All services provided pursuant to this article shall be
equal in amount, scope, and duration to the same services provided
pursuant to Section 14132.95, including any adjustments that may be
made to those services pursuant to subdivision (e) of Section
14132.95.
(2) Notwithstanding any other provision of this article, the rate
of reimbursement for in-home supportive services provided through any
mode of service shall not exceed the rate of reimbursement
established under subdivision (j) of Section 14132.95 for the same
mode of service unless otherwise provided in the annual Budget Act.
(3) The maximum number of hours available under Section 14132.95,
Section 14132.951, and this section, combined, shall be 283 hours per
month. Any recipient of services under this article shall receive no
more than the applicable maximum specified in Section 12303.4.