BILL NUMBER: AB 1436	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2015
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	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, 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 define "authorized representative" 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.


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, "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 redetermination 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.