BILL NUMBER: AB 1863 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2014
An act to amend Sections 1796.22, 1796.33, 1796.38, and 1796.63 of
the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1863, as introduced, Jones. Home Care Services Consumer
Protection Act.
Existing law establishes the Home Care Services Consumer
Protection Act (the act), which provides, on and after January 1,
2015, for the licensure and regulation of home care organizations, as
defined, by the State Department of Social Services, and for the
registration of home care aides. Existing law requires background
clearances for home care aides and home care organizations, as
specified. Existing law authorizes any individual that possesses,
among other things, a valid Alien Registration Card, and who has
submitted an application, to initiate a background examination to be
either a registered home care aide or to be a licensed home care
organization.
This bill would authorize any individual that possesses either a
valid Alien Registration Receipt Card or valid Permanent Resident
Card to initiate a background examination to be either a registered
home care aide or to be a licensed home care organization.
Existing law requires the State Department of Social Services to
post any proposed regulations promulgated for purposes of
implementing the act on its public Internet Web site no earlier than
10 calendar days prior to the effective date of the proposed rule, as
specified.
This bill would instead require the State Department of Social
Services to post any proposed regulations promulgated on its public
Internet Web site no later than 90 calendar days prior to the
effective date of the proposed rule, as specified.
This bill would also correct an erroneous cross-reference.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1796.22 of the Health and Safety Code is
amended to read:
1796.22. Any individual who has submitted an application and who
possesses any one of the following identification cards may initiate
a background examination to be a registered home care aide:
(a) A valid California driver's license.
(b) A valid identification card issued by the Department of Motor
Vehicles.
(c) A valid Alien Registration Receipt Card or
valid Permanent Resident Card .
(d) In the case of a person living in a state other than
California, a valid numbered photo identification card issued by an
agency of the state other than California.
SEC. 2. Section 1796.33 of the Health and Safety Code is amended
to read:
1796.33. Any individual who has submitted an application and who
possesses any one of the following identification cards may initiate
a background examination to be a licensed home care organization:
(a) A valid California driver's license.
(b) A valid identification card issued by the Department of Motor
Vehicles.
(c) A valid Alien Registration Receipt Card or
valid Permanent Resident Card .
(d) In the case of a person living in a state other than
California, a valid numbered photo identification card issued by an
agency of the state other than California.
SEC. 3. Section 1796.38 of the Health and Safety Code is amended
to read:
1796.38. The department may issue a home care organization
license to an individual or other entity that satisfies all of the
requirements set forth in this chapter, including all of the
following:
(a) Files a home care organization application, including the fees
required pursuant to Section 1796.49.
(b) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.
(c) Submits proof of a valid workers' compensation policy covering
its affiliated home care aides. The proof shall consist of the
policy number, the effective and expiration dates of the policy, and
the name and address of the policy carrier.
(d) Provides the department, upon request, with a complete list of
its affiliated home care aides, and proof that each satisfies the
requirements of Section 1796.43 1796.34
.
(e) The owner or owners of the home care organization pass a
background examination, as required pursuant to Section 1796.34.
(f) The applicant does not have any outstanding fees or civil
penalties due to the department.
SEC. 4. Section 1796.63 of the Health and Safety Code is amended
to read:
1796.63. The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of the
Government Code, any reasonable rules, regulations, and standards as
may be necessary or proper to carry out the purpose and intent of
this chapter and to enable the department to exercise the powers and
perform the duties conferred upon it by this chapter, not
inconsistent with any of the provisions of any statute of this state.
Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), the department may
implement and administer this chapter through written directives,
without taking regulatory action, subject to the limitations provided
in subdivision (b).
(a) The department shall post any proposed rules promulgated under
this section on its public Internet Web site no earlier
later than 10 90
calendar days prior to the effective date of the proposed rule, which
shall also include notification to the public regarding how members
of the public may comment, including the date on which those comment
must be received in order to be considered by the department.
(b) The department's authority to implement and administer this
section through written directives shall expire no later than 12
months after the written directives are promulgated and posted on a
public Internet Web site, or upon the effective date of regulations
promulgated in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), whichever occurs sooner.