Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 488


Introduced by Assembly Member Gonzalez

February 23, 2015


An act tobegin delete amend Section 14132.24 of the Welfare and Institutions Code, relating to Medi-Cal.end deletebegin insert add Sections 19155 and 19405 to the Welfare and Institutions Code, relating to rehabilitation.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 488, as amended, Gonzalez. begin deleteMedi-Cal: community-living support benefits. end deletebegin insertRehabilitation: dignity stipend.end insert

begin insert

Existing state and federal laws provide for payment of a special minimum wage for workers with disabilities that is lower than the established minimum wage rate, under specified circumstances. Existing law authorizes the Department of Rehabilitation to regulate vocational rehabilitation services, which are defined as specified services and goods to assist persons with disabilities in employment.

end insert
begin insert

This bill would define “dignity stipend” as the value provided by an employer to workers defined by the Department of Rehabilitation as eligible individuals with mental disabilities when the employer pays a special minimum wage to those workers, operates a community rehabilitation program certified by the Department of Rehabilitation that provides services to those workers, and the hourly wage plus the hourly cost of providing those services exceeds 125% of the California minimum wage rate for those workers. The bill would require the department to determine whether an employer that operates a community rehabilitation program provides a dignity stipend, when certifying the program.

end insert
begin delete

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires the department to develop and implement a program to provide a community-living support benefit to eligible Medi-Cal beneficiaries. Existing law requires the community-living support benefit to include reimbursement for an array of health-related and psychological services provided or coordinated at community-based housing sites, and access to community-living support services provided or coordinated at the community-based housing site.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 19155 is added to the end insertbegin insertWelfare and
2Institutions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert19155.end insert  

“Dignity stipend” means the value provided by an
4employer to workers defined by the Department of Rehabilitation
5as eligible individuals with mental disabilities under the following
6conditions:

7(a) The employer operates a community rehabilitation program
8certified by the Department of Rehabilitation that provides
9vocational rehabilitation services to the workers described in
10subdivision (b).

11(b) The employer pays a special minimum wage to workers with
12disabilities pursuant to Section 214(c) of Title 29 of the United
13States Code or Section 1191 or 1191.5 of the Labor Code.

14(c) The hourly wage described in subdivision (b) added to the
15 employer’s hourly cost of providing the services described in
16subdivision (a) exceeds 125 percent of the California minimum
17wage rate for each of the workers described in subdivision (b).

end insert
18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 19405 is added to the end insertbegin insertWelfare and Institutions
19Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert19405.end insert  

The department shall determine, in certifying a
21community rehabilitation program, whether the employer that
P3    1 operates the program provides a dignity stipend as defined in
2Section 19155.

end insert
begin delete
3

SECTION 1.  

Section 14132.24 of the Welfare and Institutions
4Code
is amended to read:

5

14132.24.  

(a) The department shall develop and implement a
6program to provide a community-living support benefit to eligible
7Medi-Cal beneficiaries. The department shall submit any waiver
8application, modification of any existing waiver, or amendment
9to the Medicaid state plan, that is necessary to provide this benefit,
10and shall implement the benefit only to the extent that federal
11financial participation is available.

12(b) The community-living support benefit shall include both of
13the following:

14(1) (A) Reimbursement for an array of health-related and
15psychosocial services provided or coordinated at community-based
16housing sites that enable beneficiaries to remain in the least
17 restrictive and most homelike environment while receiving the
18health-related services, including personal care and psychosocial
19services, necessary to protect their health and well-being. These
20community-based housing units may include, but are not limited
21to, the living area or unit within a facility that is specifically
22designed to provide ongoing assisted living services, licensed
23residential care facilities for the elderly, publicly funded senior
24and disabled housing projects, or supportive housing sites that
25serve chronically homeless individuals with chronic or disabling
26health conditions.

27(B) For purposes of this section, “assisted living services”
28includes, but is not limited to, assistance with personal activities
29of daily living, including dressing, feeding, toileting, bathing,
30grooming, mobility, and associated tasks, to help provide for and
31maintain physical and psychological comfort.

32(2) Access to community-living support services provided or
33coordinated at the community-based housing site, including, but
34not limited to, the personal care and health services specified in
35paragraph (8) of subdivision (a) of Section 1788 of the Health and
36Safety Code, and the health related support services specified in
37former Section 53290 of the Health and Safety Code.

38(c) Services available through the community-living support
39benefit shall not duplicate services available through the Medi-Cal
P4    1state plan, other Medi-Cal waivers, or other programs financed by
2the state.

3(d) An individual shall be eligible for the community-living
4support benefit if he or she is eligible for the Medi-Cal program,
5is a resident of San Francisco who would otherwise be homeless,
6living in shelters, or institutionalized, and meets one or both of the
7following criteria:

8(1) The department determines that he or she would benefit
9from supportive housing, as defined in subdivision (c) of former
10Section 53260 of the Health and Safety Code.

11(2) The department determines that he or she is eligible for
12placement in a skilled nursing facility, as defined in subdivision
13(c) of Section 1250 of the Health and Safety Code, or an
14intermediate care facility, as defined in subdivision (d) of that
15section.

16(e) The department may modify the eligibility criteria specified
17in subdivision (d), if needed, to qualify the community-living
18support benefit for federal financial participation.

19(f) The department shall seek to maximize resources for
20community-based housing by coordinating the community-living
21support benefit with existing efforts to coordinate care, improve
22health outcomes, and reduce long-term care costs for the targeted
23population.

24(g) This section shall be implemented only upon adoption of a
25resolution by the Board of Supervisors of the City and County of
26San Francisco providing county funds for use by the state to match
27federal Medicaid funds to receive federal funds for services
28provided under the waiver specified in this section, and for any
29costs associated with implementing and monitoring the waiver, to
30limit additional state costs.

end delete


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