BILL ANALYSIS Ó AB 1930 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1930 (Lackey) - As Amended March 28, 2016 ----------------------------------------------------------------- |Policy |Human Services |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 1930 Page 2 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. AB 1930 Page 3 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 AB 1930 Page 4 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 AB 1930 Page 5