BILL ANALYSIS Ó
AB 1797
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Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 1797
(Lackey) - As Amended February 25, 2016
SUBJECT: In-home supportive services: application
SUMMARY: Provides for alternate modes of application for
in-home supportive services (IHSS), confirmation of application,
and a timeframe for the processing of applications.
Specifically, this bill:
1)Permits an individual to apply for IHSS in person or through
electronic means, including, but not limited to, by telephone.
2)Requires the county to provide an applicant filing through
electronic means with a confirmation number, as specified, and
further permits that confirmation number to be the
individual's case number.
3)Requires the county to process an application for IHSS within
30 days.
EXISTING LAW:
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1)Establishes the IHSS program to provide supportive services,
including domestic, protective supervision, personal care, and
paramedical services as specified, to individuals who are
aged, blind, or living with disabilities, and who are unable
to perform the services themselves or remain safely in their
homes without receiving these services. (WIC 12300 et seq.)
2)States that counties may choose to contract with a nonprofit
consortium or establish a public authority for the provision
of IHSS services. Requires nonprofit consortia and public
authorities to, among other things, establish a registry to
assist recipients in locating IHSS providers, and to
investigate the background and qualifications of potential
providers, as specified. (WIC 12301.6)
3)Maintains an IHSS recipient's right to hire, fire, and
supervise the work of any IHSS provider, regardless of the
employer responsibilities of a public authority or nonprofit
consortium, as specified. (WIC 12301.6)
4)Requires the application for IHSS to contain a notice to the
recipient that his or her provider(s) will be given written
notice of the recipient's authorized services and allotted
hours and further requires the application to inform
recipients of specified Medi-Cal contact information for
reporting fraud or abuse. (WIC 12301.15)
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FISCAL EFFECT: Unknown.
COMMENTS:
In-Home Supportive Services: The IHSS program enables
low-income individuals who are at least 65 years old, living
with disabilities, or blind to remain in their own homes by
paying for care providers to assist with personal care services
(such as toileting, bathing, and grooming), domestic and related
services (meal preparation, housecleaning, and the like),
paramedical services, and protective supervision. Approximately
464,000 Californians receive IHSS, with approximately 99%
receiving it as a Medicaid benefit.
When an individual is determined eligible for IHSS services by a
county social worker, he or she is authorized for a certain
number of hours of care. IHSS recipients are responsible for
hiring, firing, directing, and supervising their IHSS workers.
These responsibilities include some administrative duties, such
as scheduling and signing timesheets; however, the state handles
payroll. There are currently about 433,400 IHSS providers in
the state; approximately 69% are relatives and an estimated 50%
are live-in. Providers must complete an enrollment process,
including submitting fingerprint images for a criminal
background check and participating in a provider orientation
prior to receiving payment for services.
Applying for IHSS: In order to apply for IHSS, an individual
must fill out, or be assisted in filling out, an application in
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order to be assigned a caseworker who will complete the in-home
needs assessment. Applications are typically filed over the
telephone or in person at a county IHSS office, with the
majority of applications being initiated over the phone. IHSS
intake workers complete a paper application or enter information
directly into the Case Management, Information and Payrolling
System (CMIPS), which tracks case information and processes
payments for IHSS. This process then generates a case number.
Applicants must be sent the paper application to sign and
return.
Upon receipt of applications for IHSS, according to the
Department of Social Services' Manual of Policies and Procedures
Section 30-759.2, "Applications shall be processed, including
eligibility determination and needs assessment, and notice of
action mailed no later than 30 days following the date the
written application is completed. An exception may be made for
this requirement when a disability determination [as specified]
has not been received in the 30-day period. Services shall be
provided, or arrangements for their provision shall have been
made, within 15 days after an approval notice of action is
mailed." This bill seeks to codify this regulation.
Need for this bill: According to the author, "Under current
practice, when a person wants to apply for IHSS, it is usually
done by telephone at the request of most counties. The issue
which this bill addresses is one that has been raised by many
IHSS beneficiaries and their advocates. Many IHSS applications
filed over the phone get lost in the system. This problem is
tremendously frustrating for beneficiaries who are elderly and
disabled. This bill would adopt a regular business practice of
giving the applicant a confirmation number when the application
is filed by telephone."
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REGISTERED SUPPORT / OPPOSITION:
Support
AARP
Bet Tzedek
Bet Tzedek Legal Services
California Advocates for Nursing Home Reform (CANHR)
California Alliance for Retired Americans
California In-Home Supportive Services Consumer Alliance
Coalition of California Welfare Rights Organizations, Inc. -
sponsor
Disability Rights California
Educate. Advocate
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Justice in Aging
Personal Assistance Services Council (PASC)
Senior and Disability Action
The Law Foundation of Silicon Valley
UDW/AFSCME Local 3930
Opposition
None on file.
Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089
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