AB 1436, as introduced, Burke. In-home supportive services: authorized representative.
Existing law provides for the In-Home Supportive Services program, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes and avoid institutionalization. Existing law specifies that supportive services include, among other things, domestic services, personal care services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement.
This bill would authorize an applicant for, or recipient of, in-home supportive services to designate an individual to act as his or her authorized representative for purposes of the In-Home Supportive Services program. The bill would define an authorized representative to mean an individual who is appointed in writing, on a form designated by the State Department of Social Services, by a competent person who is an applicant for or recipient of in-home supportive services, to act in place or on behalf of the applicant or recipient for purposes related to the program, including, but not limited to, accompanying, assisting, or representing the applicant in the application process, or the recipient in directing the services received, as specified. The bill would require the duties to be provided by the authorized representative to be specified by the applicant or recipient and would provide that those duties may be changed or revoked at any time by the applicant or recipient. The bill would also provide that the authorized representative has a legal responsibility to act in the client’s best interest. The bill would exclude certain persons from serving as an authorized representative, including a person who is found to have perpetrated a substantiated report of abuse or neglect against a child or an elder or dependent adult. The bill would require the department, in consultation with specified parties, including representatives of applicants for, and recipients of, services, to develop a form for this purpose, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12300.3 is added to the Welfare and
2Institutions Code, to read:
(a) For purposes of this section, an “authorized
4representative” means an individual who is appointed in writing,
5on a form designated by the department, by a competent person
6who is an applicant for or recipient of in-home supportive services
7pursuant to this article, to act in place or on behalf of the applicant
8or recipient for purposes related to the program, including, but not
9limited to, accompanying, assisting, or representing the applicant
10in the application process, or the recipient in directing the services
11received, and in the redetermination of eligibility process.
12(b) An applicant for, or recipient of, services pursuant to this
13article may designate an individual to act as his or her authorized
14representative for purposes of the
in-home supportive services
15program.
16(1) (A) The duties to be provided by the authorized
17representative shall be specified by the applicant or recipient and
18may be changed or revoked at any time by the applicant or
19recipient. The authorized representative shall have a legal
20responsibility to act in the client’s best interest.
21(B) Legal documentation of authority to act on behalf of the
22applicant or recipient under state law, including, but not limited
23to, a court order establishing legal guardianship or a valid power
P3 1of attorney to make health care decisions, shall serve in place of
2a written appointment by the applicant or recipient.
3(C) The authorized representative may sign timesheets for
4services rendered on the recipient’s behalf, if specified to do so
5by the recipient. However, an
authorized representative who is the
6provider of services for the recipient may not sign his or her own
7timesheet unless one of the following applies:
8(i) The provider is a parent, guardian, or other person having
9legal custody of a minor recipient.
10(ii) The provider is legally authorized to act on behalf of the
11applicant or recipient under state law.
12(2) For purposes of this section, an individual having legal
13authority to act on behalf of an applicant or recipient may also
14designate the authorized representative to specify an individual
15other than himself or herself to act on behalf of the applicant or
16recipient if that individual elects to do so.
17(3) An individual who is prevented from being a provider of
18services in the program pursuant to Section
12305.86 shall not
19serve as an authorized representative for an applicant or recipient.
20(4) An individual who has been granted an exemption to serve
21as a provider of services pursuant to Section 12305.87 and who is
22not described in clause (i) or (ii) of subparagraph (C) of paragraph
23(1), shall not serve as an authorized representative for an applicant
24or recipient.
25(5) An individual shall not serve as an authorized representative
26if he or she is found to have perpetrated a substantiated report of
27abuse or neglect against a child or an elder or dependent adult.
28(c) (1) The department, in consultation with the State
29Department of Health Care Services, the County Welfare Directors
30Association of California, representatives of applicants for and
31recipients of services under this article, and
representatives of
32providers of services under this article, shall develop a standardized
33statewide form and procedures for effectuating the designation of
34an authorized representative pursuant to this section.
35(2) The standard agreement form shall include a notification
36regarding the requirements of this subdivision and a statement that
37by signing the agreement, the individual named as an authorized
38representative agrees to abide by those requirements.
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