BILL NUMBER: AB 2134 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 2016
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.
add Section 123472.4 to the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2134, as amended, Waldron. In-home supportive
services. Clinics: notice: abortion pill reversal.
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.
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.
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
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 123472.4 is added to the
Health and Safety Code , to read:
123472.4. (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 (877) 558-0333."
(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.
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.