California Legislature—2015–16 Regular Session

Assembly BillNo. 1054


Introduced by Assembly Member Burke

February 26, 2015


An act to amend Sections 1796.14 and 1796.17 of the Health and Safety Code, relating to home care services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1054, as introduced, Burke. Home care services: licensing and registration: regional center vendors.

Existing law, The Home Care Services Consumer Protection Act, beginning January 1, 2016, provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. The act excludes specified entities from the definition of a home care organization, including an organization vendored or contracted through a regional center or the State Department of Developmental Services to provide services and supports for persons with developmental disabilities when funding for those services is provided through the State Department of Developmental Services and more than 50 percent of the recipients of the home care services provided by that organization are persons with developmental disabilities. Existing law also excludes certain types of individuals as home care aides for the purposes of these provisions, including individuals who work at organizations that provide services and supports to people with developmental disabilities, as noted above. Willful or repeated violation of these provisions is a crime.

This bill would include in the definition of home care organization, for purposes of the act, an organization that is vendored or contracted through a regional center or the State Department of Developmental Services to provide services and supports for persons with developmental disabilities when funding for those services is provided through the State Department of Developmental Services and more than 50 percent of the recipients of the home care services provided by that organization are persons with developmental disabilities and would make individuals who work in those organizations home care aides, for purposes of the act. By expanding the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 1796.14 of the Health and Safety Code
2 is amended to read:

3

1796.14.  

(a) Individuals who are not employed by a home care
4organization but who provide home care services to a client may
5be listed on the home care aide registry.

6(b) An affiliated home care aide shall be listed on the home care
7aide registry prior to providing home care services to a client.

8(c) (1) Home care aides shall not include individuals who are
9providing home care services as part of their job duties through
10one of the following entities:

11(A) Services authorized to be provided by a licensed home
12health agency under Chapter 8 (commencing with Section 1725).

13(B) Services authorized to be provided by a licensed hospice
14pursuant to Chapter 8.5 (commencing with Section 1745).

15(C) Services authorized to be provided by a licensed health
16facility pursuant to Chapter 2 (commencing with Section 1250).

17(D) In-home supportive services provided pursuant to Article
187 (commencing with Section 12300) of Chapter 3 of Part 3 of
19Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of,
20the Welfare and Institutions Code.

21(E) A community care facility licensed pursuant to Chapter 3
22(commencing with Section 1500), a residential care facility for
P3    1persons with chronic life-threatening illness licensed pursuant to
2Chapter 3.01 (commencing with Section 1568.01), a residential
3care facility for the elderly licensed pursuant to Chapter 3.2
4(commencing with Section 1569), or a facility licensed pursuant
5to the California Child Day Care Facilities Act, (Chapter 3.4
6(commencing with Section 1596.70)), which includes day care
7centers, as described in Chapter 3.5 (commencing with Section
81596.90), family day care homes, as described in Chapter 3.6
9(commencing with Section 1597.30), and employer-sponsored
10child care centers, as described in Chapter 3.65 (commencing with
11Section 1597.70).

12(F) A clinic licensed pursuant to Section 1204 or 1204.1.

13(G) A home medical device retail facility licensed pursuant to
14Section 111656.

begin delete

15(H) An organization vendored or contracted through a regional
16center or the State Department of Developmental Services pursuant
17to the Lanterman Developmental Disabilities Services Act (Chapter
181 (commencing with Section 4500) of Division 4.5 of the Welfare
19and Institutions Code) and the California Early Intervention
20Services Act (Title 14 (commencing with Section 95000) of the
21Government Code) to provide services and supports for persons
22with developmental disabilities, as defined in Section 4512 of the
23Welfare and Institutions Code, when funding for those services is
24provided through the State Department of Developmental Services
25and more than 50 percent of the recipients of the home care services
26provided by the organization are persons with developmental
27disabilities.

end delete
begin delete

28(I)

end delete

29begin insert(H)end insert An alcoholism or drug abuse recovery or treatment facility
30as defined in Section 11834.02.

begin delete

31(J)

end delete

32begin insert(I)end insert A facility in which only Indian children who are eligible
33under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
34et seq.) are placed and is either of the following:

35(i) An extended family member of the Indian child, as defined
36in Section 1903 of Title 25 of the United States Code.

37(ii) A foster home that is licensed, approved, or specified by the
38Indian child’s tribe pursuant to Section 1915 of Title 25 of the
39United States Code.

P4    1(2) Home care aides shall not include individuals providing
2services authorized to be provided pursuant to Section 2731 of the
3Business and Professions Code.

4(d) Home care aides shall not include a nonrelative extended
5family member, as defined in Section 362.7 of the Welfare and
6Institutions Code.

7(e) In the event of a conflict between this chapter and a provision
8listed in subdivision (b), (c), or (d), the provision in subdivision
9(b), (c), or (d) shall control.

10

SEC. 2.  

Section 1796.17 of the Health and Safety Code is
11amended to read:

12

1796.17.  

(a) Each home care organization shall be separately
13licensed. Nothing in this chapter shall prevent a licensee from
14obtaining more than one home care organization license or
15obtaining a home care organization license in addition to other
16licenses issued by the department, or both.

17(b) A home care organization shall not include the following:

18(1) A home health agency licensed under Chapter 8
19(commencing with Section 1725).

20(2) A hospice licensed under Chapter 8.5 (commencing with
21Section 1745).

22(3) A health facility licensed under Chapter 2 (commencing
23with Section 1250).

24(4) A person who performs services through the In-Home
25Supportive Services program pursuant to Article 7 (commencing
26with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or
27Section 14132.95, 14132.952, or 14132.956 of, the Welfare and
28Institutions Code.

29(5) A home medical device retail facility licensed under Section
30111656.

begin delete

31(6) An organization vendored or contracted through a regional
32center or the State Department of Developmental Services pursuant
33to the Lanterman Developmental Disabilities Services Act
34(Division 4.5 (commencing with Section 4500) of the Welfare and
35Institutions Code) and the California Early Intervention Services
36Act (Title 14 (commencing with Section 95000) of the Government
37Code) to provide services and supports for persons with
38developmental disabilities, as defined in Section 4512 of the
39Welfare and Institutions Code, when funding for those services is
40provided through the State Department of Developmental Services
P5    1and more than 50 percent of the recipients of the home care services
2provided by the organization are persons with developmental
3disabilities.

end delete
begin delete

4(7)

end delete

5begin insert(6)end insert An employment agency, as defined in Section 1812.5095
6of the Civil Code, that procures, offers, refers, provides, or attempts
7to provide an independent home care aide who provides home care
8services clients.

begin delete

9(8)

end delete

10begin insert(7)end insert A community care facility licensed pursuant to Chapter 3
11(commencing with Section 1500), a residential care facility for
12persons with chronic life-threatening illness licensed pursuant to
13Chapter 3.01 (commencing with Section 1568.01), a residential
14care facility for the elderly licensed pursuant to Chapter 3.2
15(commencing with Section 1569), or a facility licensed pursuant
16to the California Child Day Care Facilities Act (Chapter 3.4
17(commencing with Section 1596.70)), which includes day care
18centers, as described in Chapter 3.5 (commencing with Section
191596.90), family day care homes, as described in Chapter 3.6
20(commencing with Section 1597.30), and employer-sponsored
21child care centers, as described in Chapter 3.65 (commencing with
22Section 1597.70).

begin delete

23(9)

end delete

24begin insert(8)end insert An alcoholism or drug abuse recovery or treatment facility
25as defined in Section 11834.02.

begin delete

26(10)

end delete

27begin insert(9)end insert A person providing services authorized pursuant to Section
282731 of the Business and Professions Code.

begin delete

29(11)

end delete

30begin insert(10)end insert A clinic licensed pursuant to Section 1204 or 1204.1.

begin delete

31(12)

end delete

32begin insert(11)end insert A nonrelative extended family member, as defined in
33Section 362.7 of the Welfare and Institutions Code.

begin delete

34(13)

end delete

35begin insert(12)end insert A facility providing home care services in which only
36Indian children who are eligible under the federal Indian Child
37Welfare Act (25 U.S.C. Sec. 1901 et seq.) are placed and which
38satisfies either of the following:

39(A) An extended family member of the Indian child, as defined
40in Section 1903 of Title 25 of the United States Code.

P6    1(B) A foster home that is licensed, approved, or specified by
2the Indian child’s tribe pursuant to Section 1915 of Title 25 of the
3United States Code.

begin delete

4(14)

end delete

5begin insert(13)end insert Any other individual or entity providing services similar
6to those described in this chapter, as determined by the director.

7(c) In the event of a conflict between this chapter and a provision
8listed in subdivision (b), the provision in subdivision (b) shall
9control.

10

SEC. 3.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



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