BILL NUMBER: AB 1436	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Burke

                        FEBRUARY 27, 2015

   An act to add Section 12300.3 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 12300.3 is added to the Welfare and
Institutions Code, to read:
   12300.3.  (a) For purposes of this section, an "authorized
representative" means an individual who is appointed in writing, on a
form designated by the department, by a competent person who is an
applicant for or recipient of in-home supportive services pursuant to
this article, 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, and in the redetermination of eligibility process.
   (b) An applicant for, or recipient of, services pursuant to this
article may designate an individual to act as his or her authorized
representative for purposes of the in-home supportive services
program.
   (1) (A) The duties to be provided by the authorized representative
shall be specified by the applicant or recipient and may be changed
or revoked at any time by the applicant or recipient. The authorized
representative shall have a legal responsibility to act in the client'
s best interest.
   (B) Legal documentation of authority to act on behalf of the
applicant or recipient under state law, including, but not limited
to, a court order establishing legal guardianship or a valid power of
attorney to make health care decisions, shall serve in place of a
written appointment by the applicant or recipient.
   (C) The authorized representative may sign timesheets for services
rendered on the recipient's behalf, if specified to do so by the
recipient. However, an authorized representative who is the provider
of services for the recipient may not sign his or her own timesheet
unless one of the following applies:
   (i) The provider is a parent, guardian, or other person having
legal custody of a minor recipient.
   (ii) The provider is legally authorized to act on behalf of the
applicant or recipient under state law.
   (2) For purposes of this section, an individual having legal
authority to act on behalf of an applicant or recipient may also
designate the authorized representative to specify an individual
other than himself or herself to act on behalf of the applicant or
recipient if that individual elects to do so.
   (3) An individual who is prevented from being a provider of
services in the program pursuant to Section 12305.86 shall not serve
as an authorized representative for an applicant or recipient.
   (4) An individual who has been granted an exemption to serve as a
provider of services pursuant to Section 12305.87 and who is not
described in clause (i) or (ii) of subparagraph (C) of paragraph (1),
shall not serve as an authorized representative for an applicant or
recipient.
   (5) An individual shall not serve as an authorized representative
if he or she is found to have perpetrated a substantiated report of
abuse or neglect against a child or an elder or dependent adult.
   (c) (1) The department, in consultation with the State Department
of Health Care Services, the County Welfare Directors Association of
California, representatives of applicants for and recipients of
services under this article, and representatives of providers of
services under this article, shall develop a standardized statewide
form and procedures for effectuating the designation of an authorized
representative pursuant to this section.
   (2) The standard agreement form shall include a notification
regarding the requirements of this subdivision and a statement that
by signing the agreement, the individual named as an authorized
representative agrees to abide by those requirements.