Amended in Senate September 4, 2015

Amended in Senate August 31, 2015

Amended in Assembly May 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1436


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 IHSS program. The bill would definebegin delete an authorized representativeend deletebegin insert “authorized representativeend insertbegin insertend insert to mean an individual who is designated in writing, on a form developed by the State Department of Social Services, by an applicant or recipient to accompany, assist, and represent the applicant or recipient for specified purposes related to the program. The bill would require the form to specify the responsibilities to be performed by the authorized representative and to provide that 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 the responsibility to act in the applicant or recipient’s best interest. The bill would exclude certain persons from serving as an authorized representative, including a person who is 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 program. 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: yes.

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

P2    1

SECTION 1.  

Section 12300.3 is added to the Welfare and
2Institutions Code
, to read:

3

12300.3.  

(a) For purposes of this section,begin delete anend delete “authorized
4representative” means an individual who is designated in writing,
5on a form developed by the department, by an applicant for or
6recipient of in-home supportive services pursuant to this article,
P3    1to accompany, assist, and represent the applicant or recipient for
2purposes related to the program, including, but not limited to, the
3application process, direction of services, andbegin delete predeterminationsend delete
4begin insert redeterminationend insert of eligibility.

5(b) An applicant or recipient may designate an individual to act
6as his or her authorized representative for the purposes described
7in subdivision (a) on a form that does all of the following:

8(1) Specifies an effective time period, to be determined by the
9department.

10(2) Specifies the responsibilities to be performed by the
11authorized representative.

12(3) May be revoked or changed by the applicant or recipient at
13any time.

14(c) The authorized representative designation pursuant to this
15section shall not authorize representation for an administrative
16hearing conducted by the department. An applicant or recipient
17shall comply with Section 10950 to designate an authorized
18representative for the purposes of an administrative hearing.

19(d) The authorized representative shall have the responsibility
20to act in the applicant or recipient’s best interest, shall not have
21any other power to act on behalf of the applicant or recipient,
22except as specified in writing pursuant to this section, and shall
23not act in lieu of the applicant or recipient.

24(e) (1) An applicant or recipient who has a legal representative
25with the legal authority to act on behalf of the applicant or recipient
26that includes decisionmaking authority for purposes reasonably
27believed to be related to the program, as described in subdivision
28(a), shall not be required to complete an authorized representative
29 form, except for the purpose specified in subdivision (g).

30(2) A legal representative may designate an authorized
31representative for the applicant or recipient in accordance with the
32requirements of this section.

33(3) For purposes of this subdivision, a legal representative shall
34include both of the following:

35(A) A court-appointed guardian or conservator.

36(B) For an applicant or recipient who is a minor, a parent or
37other individual determined by the county human services agency
38to be the legally authorized decisionmaker for the applicant or
39recipient.

P4    1(f) (1) The following individuals shall not serve as an authorized
2representative for an applicant or recipient:

3(A) An individual who is prevented from being a provider of
4services pursuant to Section 12305.81.

5(B) An individual who is prevented from being a provider of
6services pursuant to Section 12305.87.

7(2) The prohibitions described in paragraph (1) shall not apply
8to an individual described in subdivision (e).

9(g) An authorized representative may sign timesheets or other
10provider-related documents for in-home supportive services on
11behalf of the recipient, if specified by the recipient on the
12authorized representative form. Notwithstanding any other law,
13an authorized representative who is a provider of services for the
14recipient may not sign his or her own timesheet on behalf of the
15recipient unless the authorized representative is an individual
16specified in subdivision (e). For administrative processing
17purposes, a legal representative specified in subdivision (e) shall
18complete an authorized representative form to sign timesheets or
19other provider-related documents for in-home supportive services
20on behalf of the recipient.

21(h) (1) The department, in consultation with the State
22Department of Health Care Services, the County Welfare Directors
23Association of California, representatives of applicants for and
24recipients of services under this article, and representatives of
25providers of services under this article, shall develop a standardized
26statewide form and procedures for effectuating the designation of
27an authorized representative pursuant to this section.

28(2) The standard agreement form shall include a notification
29regarding the requirements of this subdivision and a statement that
30by signing the agreement, the individual designated as an
31authorized representative agrees to abide by those requirements.

32(i) When an applicant or recipient designates an authorized
33representative on the authorized representative form, the county
34shall retain the original form in the applicant or recipient’s in-home
35supportive services case file. The form may be electronically
36retained. The county shall provide copies of the form to the
37applicant or recipient and to the individual designated as the
38authorized representative.

39(j) (1) Notwithstanding the rulemaking provisions of the
40Administrative Procedure Act (Chapter 3.5 (commencing with
P5    1Section 11340) of Part 1 of Division 3 of Title 2 of the Government
2Code), the department may implement and administer this section
3through all-county letters or similar instructions from the
4department until regulations are adopted. The department shall
5adopt emergency regulations implementing these provisions no
6later than July 1, 2016. The department may readopt any emergency
7regulation authorized by this section that is the same as or
8substantially equivalent to an emergency regulation previously
9adopted under this section.

10(2) The initial adoption of emergency regulations pursuant to
11this section and one readoption of emergency regulations shall be
12deemed an emergency and necessary for the immediate
13preservation of the public peace, health, safety, or general welfare.
14Initial emergency regulations and the one readoption of emergency
15regulations authorized by this section shall be exempt from review
16by the Office of Administrative Law. The initial emergency
17regulations and the one readoption of emergency regulations
18authorized by this section shall be submitted to the Office of
19Administrative Law for filing with the Secretary of State, and each
20shall remain in effect for no more than 180 days, by which time
21final regulations may be adopted.

22

SEC. 2.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.



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