BILL NUMBER: AB 2556	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Chau and Lowenthal

                        FEBRUARY 21, 2014

   An act to amend Sections 1796.38, 1796.45, 1796.47, 1796.48,
1796.49, 1796.61, and 1796.63 of the Health and Safety Code, relating
to home care organizations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2556, as introduced, Chau. Home care organizations.
   Existing law, the Home Care Services Consumer Protection Act,
provides, on and after January 1, 2015, for the licensure and
regulation of home care organizations by the State Department of
Social Services and the registration of home care aides. Existing law
creates the Home Care Fund to fund the administration of the act,
which consists of all licensure and registration fees authorized by
the act.
   This bill would delay implementation of the this act until January
1, 2016.
   Existing law requires that the department post proposed rules
promulgated under the act on its Internet Web site no earlier than 10
calendar days prior to the effective date of the proposed rule.
   This bill would require that the proposed rules be posted on the
department's Internet Web site no later than 90 calendar days prior
to the rule's effective date.
   Existing law prohibits the cost to check criminal offender records
from being used to subsidize the department checking the criminal
history of other persons who are not charged a fee.
   This bill would remove this prohibition.
   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 1796.38 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. 2.  Section 1796.45 of the Health and Safety Code is amended
to read:
   1796.45.  (a) An individual hired to be an affiliated home care
aide on or after January 1,  2015,  2016, 
shall  be submitted   submit  to an
examination 90 days prior to employment or within seven days after
employment to determine that the individual is free of active
tuberculosis disease.
   (b) For purposes of this section, "examination" means a test for
tuberculosis infection that is recommended by the federal Centers for
Disease Control and Prevention (CDC) and that is licensed by the
federal Food and Drug Administration (FDA) and, if that test is
positive, an X-ray of the lungs. The aide shall not work as an
affiliated home care aide unless he or she obtains documentation from
a licensed medical professional that there is no risk of spreading
the disease.
   (c) An affiliated home care aide whose employment with a home care
organization began before January 1,  2015,  
2016,  shall submit to the examination described in subdivision
(a) before July 1,  2015.   2016. 
   (d) After submitting to an examination, an affiliated home care
aide whose test for tuberculosis infection is negative shall be
required to undergo an examination at least once every two years.
Once an affiliated home care aide has a documented positive test for
tuberculosis infection that has been followed by an X-ray, the
examination is no longer required.
   (e) After the examination, an affiliated home care aide shall
submit, and the home care organization shall keep on file, a
certificate from the examining practitioner showing that the
affiliated home care aide was examined and found free from active
tuberculosis disease.
   (f) The examination is a condition of initial and continuing
employment with the home care organization. The affiliated home care
aide shall pay the cost of the examination.
   (g) An affiliated home care aide who transfers employment from one
home care organization to another shall be deemed to meet the
requirements of subdivision (a) or (c) if the affiliated home care
aide can produce a certificate showing that he or she submitted to
the examination within the past two years and was found to be free of
active tuberculosis disease, or if it is verified by the home care
organization previously employing him or her that it has a
certificate on file that contains that showing.
  SEC. 3.  Section 1796.47 of the Health and Safety Code is amended
to read:
   1796.47.  (a) (1) Administration of this program shall be fully
supported by fees and not civil penalties. Initial costs to implement
this chapter may be provided through a General Fund loan that is to
be repaid in accordance with a schedule provided by the Department of
Finance. The department shall assess fees for home care organization
licensure, and home care aide registration related to activities
authorized by this chapter. The department may adjust fees as
necessary to fully support the administration of this chapter. Except
for General Fund moneys that are otherwise transferred or
appropriated for the initial costs of administering this chapter, or
penalties collected pursuant to this chapter that are appropriated by
the Legislature for the purposes of this chapter, no General Fund
moneys shall be used for any purpose under this chapter.
   (2) A portion of moneys collected in the administration of this
chapter, as designated by the department, may be used for community
outreach consistent with this chapter.
   (b) The Home Care Fund is hereby created within the State Treasury
for the purpose of this chapter. All licensure and registration fees
authorized by this  chapter   section 
shall be deposited into the Home Care Fund. Moneys in this fund
shall, upon appropriation by the Legislature, be made available to
the department for purposes of administering this chapter.
  SEC. 4.  Section 1796.48 of the Health and Safety Code is amended
to read:
   1796.48.  (a) The department may charge an application and renewal
fee to become a registered home care aide and to renew a registered
home care aide's registration.
   (b) The maximum fee shall not exceed the total actual costs, which
include, but are not limited to, of all of the following:
   (1) The searches for criminal offender records performed by the
Department of Justice.  The cost to check the criminal
offender records shall not subsidize the cost to check the criminal
history of other persons by the department who are not charged a fee
by the Department of Justice. 
   (2) The cost incurred by the Department of Justice for the
searches of the records of the Federal Bureau of Investigation.
   (3) The cost to the department to process the applications and
maintain the home care aide registry and perform the duties required
by this chapter and any rules and regulations promulgated under this
chapter.
   (c) The fees collected shall be deposited into the Home Care Fund
pursuant to subdivision (b) of Section 1796.47  , with the
exception of fingerprint fees collected pursuant to Section 1796.23,
which shall be deposited into the Fingerprint Fees Account described
in Section 11105 of the Penal Code  .
  SEC. 5.  Section 1796.49 of the Health and Safety Code is amended
to read:
   1796.49.  (a) A home care organization licensee shall pay the
following fees:
   (1) A 24-month initial license fee, as prescribed by the
department, for a new home care organization licensee not currently
licensed to provide home care services in the state.
   (2) Two-year renewal fee, as determined by the department, based
on the number of full-time equivalents (FTEs), including paid
personnel or contractors needed to oversee the enforcement of this
chapter.
   (3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.
   (b) The fees collected  pursuant to this section  shall
be deposited into the Home Care Fund pursuant to subdivision (b) of
Section 1796.47.
  SEC. 6.  Section 1796.61 of the Health and Safety Code is amended
to read:
   1796.61.  This chapter shall become operative on January 1,
 2015.   2016. 
  SEC. 7.  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.