BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1930


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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1930 (Lackey) - As Amended March 28, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:  This bill establishes the In-Home Supportive Services  
          (IHSS) Family Caregiver Benefits Advisory Committee for the  
          purpose of studying, and providing a report on, employment-based  
          supports and protections as they pertain to IHSS providers.  
          Specifically, this bill:  










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          1)Creates the IHSS Family Caregiver Benefits Advisory Committee  
            to describe the availability of, and barriers to accessing,  
            employment-based supports and protections, and to study the  
            impact of lack of access to these supports and protections on  
            IHSS providers of care for specified family members, and their  
            communities.


          2)Requires the advisory committee to be made up of not more than  
            15 individual from specified entities, including, the  
            Department of Social Services (DSS), the Department of Finance  
            (DOF), the Legislative Analyst's Office (LAO), County  
            governments, IHSS public authorities, labor organizations that  
            represent IHSS providers, and IHSS providers and consumers.


          3)Requires the Governor, the Speaker of the Assembly, and the  
            Senate Committee on Rules, after consulting with labor  
            organizations that represent IHSS providers, to each appoint  
            not more than five members to the advisory committee.


          4)Requires, by January 1, 2018, the advisory committee to  
            provide a peer-reviewed report to certain Legislative  
            committees that includes a summary of findings and  
            recommendations on steps the state could take to ensure that  
            all IHSS providers who provide care for specified family  
            members have access to employment-based supports and  
            protections, as specified.


          FISCAL EFFECT:


          1)Unknown costs, but likely in the range of $70,750 to $152,000  
            (GF) to staff the advisory committee and produce the report.   
            The bill is silent on where the advisory committee will be  
            housed, but it will likely require 1 - 2 PYs, given the  
            complexity of the study required.








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          2)Likely significant cost pressure to implement any  
            recommendations.


          COMMENTS:


          1)Purpose. According to the author, "Over several decades, the  
            fact that some IHSS workers cannot access Social Security,  
            Medicare or Unemployment Insurance benefits has resulted in  
            terrible economic hardship for tens of thousands of IHSS  
            workers who are at or near retirement age.  It also results in  
            indirect costs to taxpayers as hard working seniors are forced  
            into poverty and reliance on state public assistance programs.  
             It is worth exploring why benefits that are provided to one  
            category of workers are denied to another category of workers  
            in the same program." This bill seeks to study and report on  
            this issue.


          2)Background.  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. 


            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  








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            providers in the state; approximately 69% are relatives and an  
            estimated 50% are live-in.  


            Access to some employment-based benefits and protections may  
            be limited for certain IHSS providers, particularly if a  
            provider is related to the IHSS consumer.  For example,  
            spouses and parents of consumers are not eligible to have  
            Social Security (FICA) funds withheld from paychecks, or for  
            Unemployment Insurance benefits.


          3)Committee Concerns. 


             a)   The bill creates an advisory committee but is silent on  
               where it will be housed and who will staff it.  Should the  
               bill move forward the author and/or the committee may wish  
               to consider clarifying this issue. 


             b)   The bill requires the Governor, the Assembly Speaker and  
               the Senate Rules Committee to each appoint up to five  
               members of the advisory committee, but lacks direction on  
               coordination, vacancies, and other details.  Should the  
               bill move forward, the author and/or the committee may wish  
               to consider clarifying this process.





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081













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