BILL NUMBER: AB 1436	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN ASSEMBLY  MAY 6, 2015

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 amended, Burke. In-home supportive services:
authorized representative.
   Existing law provides for the In-Home Supportive Services 
(IHSS)  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   IHSS  program. The bill
would define an authorized representative to mean an individual who
is  appointed   designated  in writing, on
a form  designated   developed  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. 
 to accompany, assist, and represent the applicant or recipient
for specified purposes related to the program.  The bill would
require the  duties to be provided   form to
specify the responsibilities to be performed  by the authorized
representative  to be specified by the applicant or recipient
and would   and to  provide that  those
duties   the designation  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
  the  responsibility to act in the  client'
s   applicant or recipient'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.   prohibited from
being a provider of services following a conviction for, or 
 incarceration following a conviction for, fraud against a
government health care or supportive services progra   m.
 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.  The bill would require a county to retain the
original form that designates an authorized representative in the
applicant or recipient's IHSS case file, and to provide copies of the
form to the applicant or recipient and to the authorized
representative. By creating additional duties for local officials,
the bill would impose a state-mandated local program. The bill would
authorize the department to implement and administer these provisions
through all-county letters or similar   instructions until
regulations are adopted, and would require the department to, no
later than July 1, 2016, adopt emergency regulations.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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 designated in writing, on
a form developed by the department, by an applicant for or recipient
of in-home supportive services pursuant to this article, to
accompany, assist, and represent the applicant or recipient for
purposes related to the program, including, but not limited to, the
application process, direction of services, and predeterminations of
eligibility.
   (b) An applicant or recipient may designate an individual to act
as his or her authorized representative for the purposes described in
subdivision (a) on a form that does all of the following:
   (1) Specifies an effective time period, to be determined by the
department.
   (2) Specifies the responsibilities to be performed by the
authorized representative.
   (3) May be revoked or changed by the applicant or recipient at any
time.
   (c) The authorized representative designation pursuant to this
section shall not authorize representation for an administrative
hearing conducted by the department. An applicant or recipient shall
comply with Section 10950 to designate an authorized representative
for the purposes of an administrative hearing.
   (d) The authorized representative shall have the responsibility to
act in the applicant or recipient's best interest, shall not have
any other power to act on behalf of the applicant or recipient,
except as specified in writing pursuant to this section, and shall
not act in lieu of the applicant or recipient.
   (e) (1) An applicant or recipient who has a legal representative
with the legal authority to act on behalf of the applicant or
recipient that includes decisionmaking authority for purposes
reasonably believed to be related to the program, as described in
subdivision (a), shall not be required to complete an authorized
representative form, except for the purpose specified in subdivision
(g).
   (2) A legal representative may designate an authorized
representative for the applicant or recipient in accordance with the
requirements of this section.
   (3) For purposes of this subdivision, a legal representative shall
include both of the following:
   (A) A court-appointed guardian or conservator.
   (B) For an applicant or recipient who is a minor, a parent or
other individual determined by the county human services agency to be
the legally authorized decisionmaker for the applicant or recipient.

   (f) (1) The following individuals shall not serve as an authorized
representative for an applicant or recipient:
   (A) An individual who is prevented from being a provider of
services pursuant to Section 12305.81.
   (B) An individual who is prevented from being a provider of
services pursuant to Section 12305.87.
   (2) The prohibitions described in paragraph (1) shall not apply to
an individual described in subdivision (e).
   (g) An authorized representative may sign timesheets or other
provider-related documents for in-home supportive services on behalf
of the recipient, if specified by the recipient on the authorized
representative form. Notwithstanding any other law, an authorized
representative who is a provider of services for the recipient may
not sign his or her own timesheet on behalf of the recipient unless
the authorized representative is an individual specified in
subdivision (e). For administrative processing purposes, a legal
representative specified in subdivision (e) shall complete an
authorized representative form to sign timesheets or other
provider-related documents for in-home supportive services on behalf
of the recipient.
   (h) (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 designated as an authorized
representative agrees to abide by those requirements.
   (i) When an applicant or recipient designates an authorized
representative on the authorized representative form, the county
shall retain the original form in the applicant or recipient's
in-home supportive services case file. The form may be electronically
retained. The county shall provide copies of the form to the
applicant or recipient and to the individual designated as the
authorized representative.
   (j) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instructions from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing these provisions no later than July 1, 2016.
The department may readopt any emergency regulation authorized by
this section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
   (2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State, and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  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) (1) 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.
   (2) (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.
   (3) For purposes of this section, an individual having legal
authority to act on behalf of an applicant or recipient may also
specify an individual other than himself or herself to act on behalf
of the applicant or recipient if that individual elects to do so.
   (4) 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.
   (5) 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 (2),
shall not serve as an authorized representative for an applicant or
recipient.
   (6) 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.