BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1930


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          ASSEMBLY THIRD READING


          AB  
          1930 (Lackey)


          As Amended  May 27, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Human Services  |6-0  |Bonilla, Calderon,    |                    |
          |                |     |Lopez, Maienschein,   |                    |
          |                |     |Mark Stone, Thurmond  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  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:  


          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 individuals, and further requires those individuals to  
            represent specified entities, including, but not limited to,  
            the Department of Social Services (DSS), 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 to each, after consulting with labor  
            organizations that represent IHSS providers, 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.


          EXISTING LAW:  








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          1)Establishes the IHSS program to provide supportive services,  
            including domestic, protective supervision, personal care, and  
            paramedical services as specified, to individuals who are  
            aged, blind, or living with disabilities, and who are unable  
            to perform the services themselves or remain safely in their  
            homes without receiving these services.  (Welfare and  
            Institutions Code Section (WIC) 12300 et seq.)


          2)States that counties may choose to contract with a nonprofit  
            consortium or establish a public authority for the provision  
            of IHSS services.  Requires nonprofit consortia and public  
            authorities to, among other things, establish a registry to  
            assist recipients in locating IHSS providers, and to  
            investigate the background and qualifications of potential  
            providers, as specified.  (WIC 12301.6)


          3)Maintains an IHSS recipient's right to hire, fire, and  
            supervise the work of any IHSS provider, regardless of the  
            employer responsibilities of a public authority or nonprofit  
            consortium, as specified.  (WIC 12301.6)


          4)Requires the application for IHSS to contain a notice to the  
            recipient that his or her provider(s) will be given written  
            notice of the recipient's authorized services and allotted  
            hours and further requires the application to inform  
            recipients of specified Medi-Cal contact information for  
            reporting fraud or abuse.  (WIC 12301.15)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may result in the following:


          1)Unknown costs, but likely in the range of $70,750 to $152,000  








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            (General Fund) 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 one to two  
            personnel years, given the complexity of the study required.


          2)Likely significant cost pressure to implement any  
            recommendations.


          COMMENTS:  


          In-Home Supportive Services:  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, with approximately 99%  
          receiving it as a Medicaid benefit. 


          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 providers in  
          the state; approximately 69% are relatives and an estimated 50%  
          are live-in.  Providers must complete an enrollment process,  
          including submitting fingerprint images for a criminal  
          background check and participating in a provider orientation  
          prior to receiving payment for services.


          Access to some employment-based benefits and protections may be  








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          limited for certain IHSS providers, particularly if a provider  
          is related to the IHSS consumer.  According to IHSS provider  
          training materials from DSS, "some family members, especially  
          spouses and parents of consumers, are not eligible to have  
          Social Security (FICA) funds withheld from paychecks," and  
          "Unemployment Insurance benefits may be available to you if you  
          are not the parent or spouse of your employer/recipient and  
          become unemployed, able and available to work and you meet  
          certain eligibility requirements."


          Need for this bill:  According to the author, this bill "would  
          establish an advisory committee to study how this exclusion [of  
          certain relative IHSS providers from Social Security, Medicare,  
          and unemployment insurance coverage] impacts the economic  
          security of individuals who provide these critical services and  
          their communities.  This committee would include policy experts  
          as well as those directly impacted by the exclusion.  The  
          committee would be tasked with drafting a report to the  
          Legislature with recommendations on steps the state can take to  
          ensure that all IHSS providers have access to social security,  
          Medicare, and unemployment insurance.  Over several decades, the  
          fact that these 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 that are denied to another category of workers in the  
          same program."


          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0003254











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