Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2134

Introduced by Assembly Member Waldron

February 17, 2016

An act to begin delete amend Section 12300 of the Welfare and Institutions Code, relating to public social services. end delete begin insert add Section 123472.4 to the Health and Safety Code, relating to public health. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2134, as amended, Waldron. begin delete In-home supportive services. end delete begin insert Clinics: notice: abortion pill reversal. end insert

begin insert

Existing law, the Reproductive FACT Act, requires a licensed covered facility, as defined, to disseminate a notice to clients stating, among other things, that California has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care, and abortion, for eligible women. Existing law authorizes the Attorney General, city attorney, or county counsel to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements.

end insert begin insert

This bill would additionally require those licensed covered facilities, if the facility provides abortions, to post a public notice advising clients that it may be possible to reverse the effects of the abortion pill.

end insert begin delete

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.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 123472.4 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

begin insert 123472.4. end insert   

(a) A licensed covered facility that performs
abortions shall post the following public notice in English and in
the primary threshold languages for Medi-Cal beneficiaries, as
determined by the State Department of Health Care Services for
the county in which the facility is located:

“It may be possible to reverse the effects of the abortion pill. If
you change your mind after taking the abortion pill, time is of the
essence. For more information, call the Abortion Pill Reversal
Hotline at [phone].”

(b) The notice described in subdivision (a) shall be at least 8.5
inches by 11 inches, written in no less than 22-point type, and
posted in a conspicuous place where individuals wait that may be
easily read by those seeking services from the facility.

end insert

begin delete

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 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 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 shall not be authorized in
connection with a recipient’s employment.

(e) 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 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. 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 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. A recipient of services under this article
shall receive no more than the applicable maximum specified in
Section 12303.4.

end delete