BILL ANALYSIS Ó
AB 11
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
11 (Gonzalez) - As Amended March 11, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill revises the definition of an employee under the
Healthy Workplaces, Healthy Families Act of 2014 to include
providers of in-home support services (IHSS) starting July 1,
2016. This change in law would allow IHSS providers to accrue
one hour of sick leave for every 30 hours worked.
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FISCAL EFFECT:
Annual General Fund costs in the range of approximately $100
million starting in the 2016-17 fiscal year. There are
approximately 462,000 IHSS providers in California. Current law
authorizes an employer to limit paid sick days to 24 hours or
three days each year. On average, providers would accrue 2.8
hours of sick leave each month. Under the county maintenance of
effort (MOE) financing structure, the state General Fund assumes
100 percent of the costs above counties' MOE expenditure levels.
COMMENTS:
1)Purpose. AB 1522 (Gonzalez) of 2014 enacted the Health
Workplaces, Healthy Families Act of 2014 provides paid sick
days to certain California employees effective July 1, 2015.
The new law provides the right to paid sick days to an
estimated 6.5 million California workers. IHSS providers were
originally included in AB 1522 but were excluded towards the
end of the Legislative process due to cost concerns. This bill
deletes that exclusion effective July 1, 2016, allowing IHSS
providers to accrue hours of sick leave each month. According
to supporters, this bill ensures that IHSS caregivers are
afforded the same basic right as the rest of California's
workforce.
2)County IHSS MOE. The IHSS program provides personal care and
domestic services to low-income aged, blind and disabled
persons to help them remain safely in their own homes and
communities. IHSS is considered an alternative to out-of-home
care, such as nursing homes, and is a Home and Community-Based
Service.
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Effective July 2012, as part of the Coordinated Care
Initiative (CCI), a county maintenance-of-effort (MOE) funding
formula was established for the IHSS program. Historically,
for almost all IHSS recipients, 50 percent of program costs
were paid for by the federal government, with 32.5 percent
paid by the state and 17.5 percent by the counties. CCI
statute altered the historical county contribution by enacting
an MOE, which replaces the county contribution of 17.5 percent
with a requirement that counties generally maintain their
2011-12 expenditure level for IHSS beginning in 2012-13, to be
adjusted annually for inflation beginning in 2014-15. Under
the county MOE financing structure, the state General Fund
assumes all nonfederal IHSS costs above counties' MOE
expenditure levels.
3)Oppose unless amended. The Alliance, a statewide coalition
supporting people with Intellectual and Developmental
Disabilities, support improving wages and benefits for IHSS
workers, but are concerned with the associated costs and are
opposed to the bill unless dedicated state funding is
specifically provided for this purpose.
Analysis Prepared
by: Misty Feusahrens / APPR. / (916) 319-2081
AB 11
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