Amended in Assembly March 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1930

Introduced by Assembly Member Lackey

February 12, 2016

An act to add and repeal Section 12335 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1930, as amended, Lackey. In-home supportive services: family caregivers: advisory committee.

Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with supportive services in order to permit them to remain in their own homes and avoid institutionalization. Existing law provides that a person who is the parent or a spouse of a recipient of those services shall be paid for providing specified services to the recipient through the program.

This bill begin delete would end delete begin insert would, until January 1, 2019, end insert establish the In-Home Supportive Services Family Caregiver Benefits Advisory Committee, as specified, for the purpose of studying the impact of the denial of state unemployment insurance benefits and federal Medicare and Social Security benefits on individuals who provide the supportive services described in this article to a spouse or as the parent of a recipient child. The bill would require the advisory committee to submit a peer-reviewed report to the Legislature, as specified, on or before January 1, 2018.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 12335 is added to the Welfare and
Institutions Code, to read:

12335.  

(a) There is established the In-Home Supportive
Services Family Caregiver Benefits Advisory Committee, for the
purpose of studying the impact of the denial of state unemployment
insurance begin insert benefits end insert and federal Medicare and Social Security
benefits on the lives and communities of individuals who provide
the supportive services described in this article to a spouse or as
the parent of a recipient child.

(b) The advisory committee shall be comprised of not more than
nine individuals, and shall include representatives from the
following groups:

(1) Policy experts on relevant issues, including, but not limited
to, Social Security, Medicare, California state unemployment
insurance, retirement insecurity, economic inequality, and poverty
among seniors in California.

(2) Representatives involved with the IHSS program on behalf
of begin delete a end delete county begin delete government. end delete begin insert governments. end insert

begin insert

(3) Representatives involved with the IHSS program on behalf
of IHSS public authorities.

end insert begin delete

(3)

end delete

begin insert (4) end insert  Individuals who are current providers of personal assistance
services funded as in-home supportive services pursuant to this
article and who are a parent or spouse of the person receiving those
services.

begin delete

(4)

end delete

begin insert (5) end insert  Individuals who are current or past consumers of personal
assistance services provided through the IHSS program.

begin delete

(5)

end delete

begin insert (6) end insert  Individuals from labor organizations that represent IHSS
providers.

(c) The Governor, the Speaker of the Assembly, and the Senate
Committee on Rules shall each appoint three members of the
advisory committee. Prior to appointing members to the advisory
committee, the Governor, the Speaker of the Assembly, and the
Senate Committee on Rules shall consult with labor organizations
that represent IHSS providers regarding the appointments.

(d) On or before January 1, 2018, the advisory committee shall
provide a report to the Senate Committee on Human Services, the
Senate Select Committee on Aging and Long-Term Care, the
Assembly Committee on Human Services, and the Assembly
Committee on Aging and Long-Term Care. The report shall include
recommendations on steps the state can take to ensure that all IHSS
providers who provide supportive services to a spouse or child
have access to federal Medicare and Social Security benefits as
well as state unemployment insurance benefits. Prior to submission
of the report, the advisory committee shall arrange for peer review
of the study by an academic entity with expertise in the subject
matter of the report.

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.