Amended in Assembly March 28, 2016

Amended in Assembly March 9, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 would, until January 1, 2019, establish the In-Home Supportive Services Family Caregiver Benefits Advisory Committee, as specified, for the purpose ofbegin insert describing the availability of, and barriers to accessing, employment-based supports and protections, as specified, andend insert studying the impact of thebegin delete denial of state unemployment insurance benefits and federal Medicare and Social Security benefitsend deletebegin insert lack of access to these supports and protectionsend insert on individuals who provide the supportive services described inbegin delete this articleend deletebegin insert the above provisionsend insert 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:

P2    1

SECTION 1.  

Section 12335 is added to the Welfare and
2Institutions Code
, to read:

3

12335.  

(a) There is established the In-Home Supportive
4Services Family Caregiver Benefits Advisory Committee, for the
5purpose ofbegin insert describing the availability of, and barriers to accessing,
6employment-based supports and protections, including, but not
7limited to, federal Social Security benefits, andend insert
studying the impact
8of thebegin delete denial of state unemployment insurance benefits and federal
9Medicare and Social Security benefitsend delete
begin insert lack of access to these
10supports and protectionsend insert
on the lives and communities of
11individuals who provide the supportive services described in this
12article to a spouse or as the parent of a recipient child.

13(b) The advisory committee shall be comprised of not more than
14begin delete nineend deletebegin insert 15end insert individuals, and shall include representatives from the
15following groups:

begin delete

16(1) Policy experts on relevant issues, including, but not limited
17to, Social Security, Medicare, California state unemployment
18insurance, retirement insecurity, economic inequality, and poverty
19among seniors in California.

end delete
begin delete

20(2) Representatives involved with the IHSS program on behalf
21of county governments.

end delete
begin delete

22(3) Representatives involved with the IHSS program on behalf
23of IHSS public authorities.

end delete
begin insert

24
(1) Academic entities, and nonprofit organizations, with
25expertise in the subject matter of the report described in subdivision
26(d).

end insert
begin insert

27
(2) The State Department of Social Services.

end insert
begin insert

28
(3) The Department of Finance.

end insert
begin insert

29
(4) The Legislative Analyst’s Office.

end insert
begin insert

30
(5) County governments.

end insert
begin insert

31
(6) IHSS public authorities.

end insert
begin delete

32(4)

end delete

P3    1begin insert(7)end insert Individuals who are current providers of personal assistance
2services funded as in-home supportive services pursuant to this
3article and who are a parent or spouse of the person receiving those
4services.

begin delete

5(5)

end delete

6begin insert(8)end insert Individuals who are current or past consumers of personal
7assistance services provided through the IHSS program.

begin delete

8(6) Individuals from labor organizations

end delete

9begin insert(9)end insertbegin insertend insertbegin insertLabor organizationsend insert that represent IHSS providers.

10(c) The Governor, the Speaker of the Assembly, and the Senate
11Committee on Rules shall each appointbegin delete threeend deletebegin insert not more than fiveend insert
12 membersbegin delete ofend deletebegin insert toend insert the advisory committee. Prior to appointing
13members to the advisory committee, the Governor, the Speaker of
14the Assembly, and the Senate Committee on Rules shall consult
15with labor organizations that represent IHSS providers regarding
16the appointments.

17(d) On or before January 1, 2018, the advisory committee shall
18provide a report to the Senate Committee on Human Services, the
19Senate Select Committee on Aging and Long-Term Care, the
20Assembly Committee on Human Services, and the Assembly
21Committee on Aging and Long-Term Care. The report shall include
22begin insert a summary of the findings of the advisory committee, as described
23in subdivision (a), andend insert
recommendations on steps the state can
24take to ensure that all IHSS providers who provide supportive
25services to a spouse or child have access tobegin delete federal Medicare and
26Social Security benefits as well as state unemployment insurance
27benefits.end delete
begin insert employment-based supports and protections, including,
28but not limited to, federal Social Security benefits, as described in
29subdivision (a).end insert
Prior to submission of the report, the advisory
30committee shall arrange for peer review of the study bybegin delete anend deletebegin insert theend insert
31 academicbegin delete entity with expertise in the subject matter of the report.end delete
32
begin insert entities described in paragraph (1) of subdivision (b).end insert

33(e) This section shall remain in effect only until January 1, 2019,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2019, deletes or extends that date.



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