BILL ANALYSIS Ó
AB 1797
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1797 (Lackey and Weber)
As Amended August 1, 2016
Majority vote
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|ASSEMBLY: |79-0 |(April 21, |SENATE: |37-0 |(August 15, |
| | |2016) | | |2016) |
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Original Committee Reference: HUM. S.
SUMMARY: Requires the county, upon receipt of an application
for in-home supportive services (IHSS), to provide the applicant
with a confirmation number, as specified and further permits
that confirmation number to be the individual's case number.
The Senate amendments:
1)Delete the bill's provisions stating that a person may apply
for IHSS in person or through electronic means, as specified.
2)Require the county to provide a confirmation number for all
IHSS applications received, and not just those filed through
electronic means, as previously required by the bill.
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3)Delete the bill's requirement that the county process an
application for IHSS within 30 days of receipt of the
completed application.
EXISTING LAW:
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. (Welfare and
Institutions Code Section (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)
FISCAL EFFECT: According the Senate Appropriations Committee,
this bill was placed on the second reading file pursuant to
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Senate Rule 28.8.
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
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
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return.
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?"
Analysis Prepared by:
Daphne Hunt / HUM. S. / (916) 319-2089 FN:
0003825