AB 1436, as amended, 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) begin insert(1)end insertbegin insert end insertAn applicant for, or recipient of, services pursuant to
13this article may designate an individual to act as his or her
14authorized representative for purposes of the in-home supportive
15services program.
16(1)
end delete
17begin insert(2)end insert (A) The duties to be provided by the authorized
18representative shall be specified by the applicant or recipient and
19may be changed or revoked at any time by the applicant or
20recipient. The authorized representative shall have a legal
21responsibility to act in the client’s best interest.
22(B) Legal documentation of
authority to act on behalf of the
23applicant or recipient under state law, including, but not limited
P3 1to, a court order establishing legal guardianship or a valid power
2of attorney to make health care decisions, shall serve in place of
3a written appointment by the applicant or recipient.
4(C) The authorized representative may sign timesheets for
5services rendered on the recipient’s behalf, if specified to do so
6by the recipient. However, an authorized representative who is the
7provider of services for the recipient may not sign his or her own
8timesheet unless one of the following applies:
9(i) The provider is a parent, guardian, or other person having
10legal custody of a minor recipient.
11(ii) The provider is legally authorized
to act on behalf of the
12applicant or recipient under state law.
13(2)
end delete
14begin insert(3)end insert For purposes of this section, an individual having legal
15authority to act on behalf of an applicant or recipient may also
16begin delete designate the authorized representative toend delete
specify an individual
17other than himself or herself to act on behalf of the applicant or
18recipient if that individual elects to do so.
19(3)
end delete
20begin insert(4)end insert An individual who is prevented from being a provider of
21services in the program pursuant to Section 12305.86 shall not
22serve as an authorized representative for an applicant or recipient.
23(4)
end delete
24begin insert(5)end insert An individual who has been granted
an exemption to serve
25as a provider of services pursuant to Section 12305.87 and who is
26not described in clause (i) or (ii) of subparagraph (C) of paragraph
27begin delete (1),end deletebegin insert (2),end insert shall not serve as an authorized representative for an
28applicant or recipient.
29(5)
end delete
30begin insert(6)end insert An individual shall not serve as an authorized representative
31if he or she is found to have perpetrated a substantiated report of
32abuse or neglect against a child or an elder or dependent adult.
33(c) (1) The department, in consultation with the State
34Department of Health Care Services, the County Welfare Directors
35Association of California, representatives of applicants for and
36recipients of services under this article, and representatives of
37providers of services under this article, shall develop a standardized
38statewide form and procedures for effectuating the designation of
39an authorized representative pursuant to this section.
P4 1(2) The standard agreement form shall include a notification
2regarding the requirements of this subdivision and a statement that
3by signing the agreement, the individual named as an authorized
4representative agrees to abide by those requirements.
O
98