AB 2158, as introduced, Wagner. Home care services: in-home supportive services: registration and training.
Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization.
Existing law, the Home Care Services Consumer Protection Act, beginning January 1, 2016, provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. The act excludes specified persons and entities from the definition of a home care aide for purposes of registration, including individuals providing home care services under the IHSS program. Existing law requires affiliated home care aides, as defined, to complete specified training, including a minimum of 5 hours of entry-level training prior to presence with a client. Willful or repeated violation of these provisions is a crime.
This bill would additionally require an independent IHSS provider to be listed on the home care aide registry prior to providing home care services to a client, and would require an independent IHSS provider to complete the specified training required for an affiliated home care aide. The bill would define “independent IHSS provider” to mean an IHSS program provider who is not employed by a private, 3rd-party agency to provide home care services under the IHSS program. By expanding the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1796.14 of the Health and Safety Code
2 is amended to read:
(a) Individuals who are not employed by a home care
4begin delete organizationend deletebegin insert organization,end insert but who provide home care services to
5a client may be listed on the home care aide registry.
6(b) An affiliated home care aide shall be listed on the home care
7aide registry prior to providing home care services to a client.
8(c) (1) Home care aides shall not include individuals who are
9providing home care services as part of their job duties through
10one of the following entities:
11(A) Services authorized to be provided by a licensed home
12health agency under Chapter 8 (commencing with Section 1725).
13(B) Services authorized to be provided by a licensed hospice
14pursuant to Chapter 8.5 (commencing with Section 1745).
15(C) Services authorized to be provided by a licensed health
16facility pursuant to Chapter 2 (commencing with Section 1250).
17(D) In-home supportive services provided pursuant to Article
187 (commencing with Section 12300) of Chapter 3 of Part 3 of
19Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of,
20the Welfare and Institutionsbegin delete Code.end deletebegin insert Code, except as
provided in
21subdivision (e).end insert
22(E) A community care facility licensed pursuant to Chapter 3
23(commencing with Section 1500), a residential care facility for
24persons with chronic life-threatening illness licensed pursuant to
25Chapter 3.01 (commencing with Section 1568.01), a residential
26care facility for the elderly licensed pursuant to Chapter 3.2
P3 1(commencing with Section 1569), or a facility licensed pursuant
2to the California Child Day Care Facilities Act, (Chapter 3.4
3(commencing with Section 1596.70)), which includes day care
4centers, as described in Chapter 3.5 (commencing with Section
51596.90), family day care homes, as described in Chapter 3.6
6(commencing with Section 1597.30), and employer-sponsored
7child care centers, as described in Chapter 3.65 (commencing with
8Section 1597.70).
9(F) A clinic licensed pursuant to Section 1204 or 1204.1.
10(G) A home medical device retail facility licensed pursuant to
11Section 111656.
12(H) An organization vendored or contracted through a regional
13center or the State Department of Developmental Services pursuant
14to the Lanterman Developmental Disabilities Services Act (Chapter
151 (commencing with Section 4500) of Division 4.5 of the Welfare
16and Institutions Code) and the California Early Intervention
17Services Act (Title 14 (commencing with Section 95000) of the
18Government Code) to provide services and supports for persons
19with developmental disabilities, as defined in Section 4512 of the
20Welfare and Institutions Code, when funding for those services is
21provided through the State Department of Developmental Services
22and more than 50 percent of the recipients of the home care services
23provided by the organization are persons with developmental
24disabilities.
25(I) An alcoholism or drug abuse recovery or treatment facility
26as defined in Section 11834.02.
27(J) A facility in which only Indian children who are eligible
28under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
29et seq.) are placed and is either of the following:
30(i) An extended family member of the Indian child, as defined
31in Section 1903 of Title 25 of the United States Code.
32(ii) A foster home that is licensed, approved, or specified by the
33Indian child’s tribe pursuant to Section 1915 of Title 25 of the
34United States Code.
35(2) Home care aides shall not include individuals providing
36services authorized to be provided pursuant to Section 2731 of the
37Business and Professions
Code.
38(d) Home care aides shall not include a nonrelative extended
39family member, as defined in Section 362.7 of the Welfare and
40Institutions Code.
P4 1(e) An independent IHSS provider, as defined in Section 1796.44,
2shall be listed on the home care aide registry prior to providing
3home care services to a client.
4(e)
end delete
5begin insert(f)end insert In the event of a conflict between this chapter and a provision
6listed in subdivision (b), (c), or (d), the provision in
subdivision
7(b), (c), or (d) shall control.
Section 1796.44 of the Health and Safety Code is
9amended to read:
(a) A licensee shall ensure that prior to providing
11home care services, an affiliated home care aide shall complete
12the training requirements specified in this section.
13(b) An affiliated home care aidebegin insert and an independent IHSS
14providerend insert shall complete a minimum of five hours of entry-level
15training prior to presence with a client, as follows:
16(1) Two hours of orientation training regarding his or her role
17as caregiver and the applicable terms of employment.
18(2) Three hours of safety training, including basic safety
19precautions,
emergency procedures, and infection control.
20(c) In addition to the requirements in subdivision (b), an
21affiliated home care aidebegin insert and an independent IHSS providerend insert shall
22complete a minimum of five hours of annual training. The annual
23training shall relate to core competencies and be population
24specific, which shall include, but not be limited to, the following
25areas:
26(1) Clients’ rights and safety.
27(2) How to provide for, and respond to, a client’s daily living
28needs.
29(3) How to report, prevent, and detect abuse and neglect.
30(4) How to assist a client with personal hygiene and other
home
31care services.
32(5) If transportation services are provided, how to safely
33transport a client.
34(d) The entry-level training and annual training described in
35subdivisions (b) and (c) may be completed through an online
36training program.
37(e) For purposes of this section, “independent IHSS provider”
38means an In-Home Supportive Services program provider who is
39not employed by a private, third-party agency to provide home
40care services pursuant to Article 7 (commencing with Section
P5 112300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95,
214132.952, or 14132.956 of, the Welfare and Institution Code.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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