Amended in Senate June 16, 2016

Amended in Assembly May 27, 2016

Amended in Assembly March 28, 2016

Amended in Assembly March 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1930

Introduced by Assembly Member Lackey

(Coauthor: Assembly Member Gonzalez)

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 begin delete Committee, end delete begin insert Committee within the State Department of Social Services, end insert 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 lack of access to these supports and protections on individuals who provide begin delete the end delete supportive services begin delete described in the above provisions end delete 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 begin delete established end delete begin insert hereby established, within the
State Department of Social Services, end insert 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 begin delete Social Security end delete begin insert social security benefits and state
unemployment insurance end insert benefits, and studying the impact of the
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 begin delete more than
15 individuals, and shall include end delete begin insert fewer than eight individuals and
not more than 11 individuals pursuant to subdivision (c). The
advisory committee shall include, but not be limited to, end insert
representatives from begin insert all of end insert the following groups:

(1) Academic entities begin delete and nonprofit organizations end delete with expertise
in the subject matter of the report described in subdivision (d).

begin insert

(2) Nonprofit organizations related to IHSS.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The State Department of Social Services.

begin delete

(3) The Department of Finance.

end delete begin delete

(4) The Legislative Analyst’s Office.

end delete begin delete

(5)

end delete

begin insert (4) end insert  County governments.

begin delete

(6)

end delete

begin insert (5) end insert  IHSS public authorities.

begin delete

(7)

end delete

begin insert (6) end insert  Individuals who are current providers of personal assistance
services funded as begin delete in-home supportive services end delete begin insert IHSS end insert pursuant to
this article and who are a parent or spouse of the person receiving
those services.

begin delete

(8)

end delete

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

begin delete

(9)

end delete

begin insert (8) end insert  Labor organizations that begin delete represent IHSS providers. end delete begin insert are
designated representatives of providers of personal assistance
services funded as IHSS pursuant to this article. end insert

begin delete

(c) The Governor, the Speaker of the Assembly, and the Senate
Committee on Rules shall each appoint not more than five members
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.

end delete begin insert

(c) (1) The Governor may appoint not more than nine
individuals to the advisory committee. Individuals appointed by
the Governor may include only representatives from the groups
described in subdivision (b).

end insert begin insert

(2) The Speaker of the Assembly and the Senate Committee on
Rules shall each appoint one individual to the advisory committee.
Individuals appointed by the Speaker of the Assembly and the
Senate Committee on Rules may include representatives who are
not from the groups described in subdivision (b).

end insert begin insert

(3) The appointments made pursuant to paragraphs (1) and (2)
shall ensure that the advisory committee includes representatives
from all groups described in subdivision (b).

end insert

(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 employment-based
supports and protections, including, but not limited to, federal
begin delete Social Security end delete begin insert social security benefits and state unemployment
insurance end insert benefits, as described in subdivision (a). Prior to
submission of the report, the advisory committee shall arrange for
peer review of the study by the academic 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.