BILL NUMBER: AB 2134 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Waldron
FEBRUARY 17, 2016
An act to amend Section 12300 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2134, as introduced, Waldron. In-home supportive services.
Existing law provides for the county-administered In-Home
Supportive Services program, under which qualified aged, blind, or
disabled persons are provided with supportive services in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law specifies that supportive services
include, among other things, domestic services, personal care
services, and paramedical services that make it possible for the
recipient to establish and maintain an independent living
arrangement.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12300 of the Welfare and Institutions Code is
amended to read:
12300. (a) The purpose of this article is to provide in every
county in a manner consistent with this chapter and the annual Budget
Act those supportive services identified in this section to aged,
blind, or disabled persons, as defined under this chapter, who are
unable to perform the services themselves and who cannot safely
remain in their homes or abodes of their own choosing unless these
services are provided.
(b) Supportive services shall include domestic services and
services related to domestic services, heavy cleaning, personal care
services, accompaniment by a provider when needed during necessary
travel to health-related appointments or to alternative resource
sites, yard hazard abatement, protective supervision, teaching and
demonstration directed at reducing the need for other supportive
services, and paramedical services which that
make it possible for the recipient to establish and maintain
an independent living arrangement.
(c) Personal care services shall mean all of the following:
(1) Assistance with ambulation.
(2) Bathing, oral hygiene, and grooming.
(3) Dressing.
(4) Care and assistance with prosthetic devices.
(5) Bowel, bladder, and menstrual care.
(6) Repositioning, skin care, range of motion exercises, and
transfers.
(7) Feeding and assurance of adequate fluid intake.
(8) Respiration.
(9) Assistance with self-administration of medications.
(d) Personal care services are available if these services are
provided in the beneficiary's home and other locations as may be
authorized by the director. Among the locations that may be
authorized by the director under pursuant to
this paragraph is the recipient's place of employment if all of
the following conditions are met:
(1) The personal care services are limited to those that are
currently authorized for a recipient in the recipient's home and
those services are to be utilized by the recipient at the recipient's
place of employment to enable the recipient to obtain, retain, or
return to work. Authorized services utilized by the recipient at the
recipient's place of employment shall be services that are relevant
and necessary in supporting and maintaining employment. However,
workplace services shall not be used to supplant any reasonable
accommodations required of an employer by the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.; ADA) or other legal entitlements or third-party
obligations.
(2) The provision of personal care services at the recipient's
place of employment shall be authorized only to the extent that the
total hours utilized at the workplace are within the total personal
care services hours authorized for the recipient in the home.
Additional personal care services hours may
shall not be authorized in connection with a recipient's
employment.
(e) Where When supportive
services are provided by a person having the legal duty pursuant to
the Family Code to provide for the care of his or her child who is
the recipient, the provider of supportive services shall receive
remuneration for the services only when the provider leaves full-time
employment or is prevented from obtaining full-time employment
because no other suitable provider is available and where
when the inability of the provider to provide
supportive services may result in inappropriate placement or
inadequate care.
These providers shall be paid only for the following:
(1) Services related to domestic services.
(2) Personal care services.
(3) Accompaniment by a provider when needed during necessary
travel to health-related appointments or to alternative resource
sites.
(4) Protective supervision only as needed because of the
functional limitations of the child.
(5) Paramedical services.
(f) To encourage maximum voluntary services, so as to reduce
governmental costs, respite care shall also be provided. Respite care
is temporary or periodic service for eligible recipients to relieve
persons who are providing care without compensation.
(g) A person who is eligible to receive a service or services
under an approved federal waiver authorized pursuant to Section
14132.951, or a person who is eligible to receive a service or
services authorized pursuant to Section 14132.95, shall not be
eligible to receive the same service or services pursuant to this
article. In the event that If the
waiver authorized pursuant to Section 14132.951, as approved by the
federal government, does not extend eligibility to all persons
otherwise eligible for services under this article, or does not cover
a service or particular services, or does not cover the scope of a
service that a person would otherwise be eligible to receive under
this article, those persons who are not eligible for services, or for
a particular service under the waiver or Section 14132.95 shall be
eligible for services under pursuant to
this article.
(h) (1) All services provided pursuant to this article shall be
equal in amount, scope, and duration to the same services provided
pursuant to Section 14132.95, including any adjustments that may be
made to those services pursuant to subdivision (e) of Section
14132.95.
(2) Notwithstanding any other provision of this article, the rate
of reimbursement for in-home supportive services provided through any
mode of service shall not exceed the rate of reimbursement
established under subdivision (j) of Section 14132.95 for the same
mode of service unless otherwise provided in the annual Budget Act.
(3) The maximum number of hours available under Section 14132.95,
Section 14132.951, and this section, combined, shall be 283 hours per
month. Any A recipient of services
under this article shall receive no more than the applicable maximum
specified in Section 12303.4.