BILL NUMBER: AB 1930 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
AMENDED IN ASSEMBLY MARCH 9, 2016
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 of describing the availability of,
and barriers to accessing, employment-based supports and protections,
as specified, and studying the impact of the denial
of state unemployment insurance benefits and federal Medicare and
Social Security benefits lack of access to these
supports and protections on individuals who provide the
supportive services described in this article
the above provisions 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
describing the availability of, and barriers to accessing,
employment-based supports and protections, including, but not limited
to, federal Social Security benefits, and studying the impact
of the denial of state unemployment insurance benefits and
federal Medicare and Social Security benefits lack of
access to these supports and protections 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 15 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
county governments.
(3) Representatives involved with the IHSS program on behalf of
IHSS public authorities.
(1) Academic entities, and nonprofit organizations, with expertise
in the subject matter of the report described in subdivision (d).
(2) The State Department of Social Services.
(3) The Department of Finance.
(4) The Legislative Analyst's Office.
(5) County governments.
(6) IHSS public authorities.
(4)
(7) 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.
(5)
(8) Individuals who are current or past consumers of
personal assistance services provided through the IHSS program.
(6) Individuals from labor organizations
(9) Labor organizations that
represent IHSS providers.
(c) The Governor, the Speaker of the Assembly, and the Senate
Committee on Rules shall each appoint three
not more than five members of to
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 a summary of the
findings of the advisory committee, as described in subdivision (a),
and 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.
employment-based supports and protections, including, but not
limited to, federal Social Security benefits, as described in
subdivision (a). Prior to submission of the report, the
advisory committee shall arrange for peer review of the study by
an the academic entity with
expertise in the subject matter of the report.
entities described in paragraph (1) of subdivision (b).
(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.