BILL ANALYSIS Ó AB 1930 Page 1 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 | | | | | | | | | | | | ------------------------------------------------------------------ AB 1930 Page 2 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: AB 1930 Page 3 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 AB 1930 Page 4 (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 AB 1930 Page 5 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 AB 1930 Page 6