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:
AB 1930
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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
AB 1930
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