BILL NUMBER: AB 2158 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wagner
FEBRUARY 17, 2016
An act to amend Sections 1796.14 and 1796.44 of the Health and
Safety Code, relating to home care services.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 1796.14 of the Health and Safety Code is
amended to read:
1796.14. (a) Individuals who are not employed by a home care
organization organization, but who
provide home care services to a client may be listed on the home care
aide registry.
(b) An affiliated home care aide shall be listed on the home care
aide registry prior to providing home care services to a client.
(c) (1) Home care aides shall not include individuals who are
providing home care services as part of their job duties through one
of the following entities:
(A) Services authorized to be provided by a licensed home health
agency under Chapter 8 (commencing with Section 1725).
(B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).
(C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).
(D) In-home supportive services provided pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and
Institutions Code. Code, except as
provided in subdivision (e).
(E) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential care
facility for the elderly licensed pursuant to Chapter 3.2 (commencing
with Section 1569), or a facility licensed pursuant to the
California Child Day Care Facilities Act, (Chapter 3.4 (commencing
with Section 1596.70)), which includes day care centers, as described
in Chapter 3.5 (commencing with Section 1596.90), family day care
homes, as described in Chapter 3.6 (commencing with Section 1597.30),
and employer-sponsored child care centers, as described in Chapter
3.65 (commencing with Section 1597.70).
(F) A clinic licensed pursuant to Section 1204 or 1204.1.
(G) A home medical device retail facility licensed pursuant to
Section 111656.
(H) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Chapter 1
(commencing with Section 4500) of Division 4.5 of the Welfare and
Institutions Code) and the California Early Intervention Services Act
(Title 14 (commencing with Section 95000) of the Government Code) to
provide services and supports for persons with developmental
disabilities, as defined in Section 4512 of the Welfare and
Institutions Code, when funding for those services is provided
through the State Department of Developmental Services and more than
50 percent of the recipients of the home care services provided by
the organization are persons with developmental disabilities.
(I) An alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(J) A facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) are placed and is either of the following:
(i) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(ii) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.
(d) Home care aides shall not include a nonrelative extended
family member, as defined in Section 362.7 of the Welfare and
Institutions Code.
(e) An independent IHSS provider, as defined in Section 1796.44,
shall be listed on the home care aide registry prior to providing
home care services to a client.
(e)
(f) In the event of a conflict between this chapter and
a provision listed in subdivision (b), (c), or (d), the provision in
subdivision (b), (c), or (d) shall control.
SEC. 2. Section 1796.44 of the Health and Safety Code is amended
to read:
1796.44. (a) A licensee shall ensure that prior to providing home
care services, an affiliated home care aide shall complete the
training requirements specified in this section.
(b) An affiliated home care aide and an independent IHSS
provider shall complete a minimum of five hours of entry-level
training prior to presence with a client, as follows:
(1) Two hours of orientation training regarding his or her role as
caregiver and the applicable terms of employment.
(2) Three hours of safety training, including basic safety
precautions, emergency procedures, and infection control.
(c) In addition to the requirements in subdivision (b), an
affiliated home care aide and an independent IHSS provider
shall complete a minimum of five hours of annual training. The
annual training shall relate to core competencies and be population
specific, which shall include, but not be limited to, the following
areas:
(1) Clients' rights and safety.
(2) How to provide for, and respond to, a client's daily living
needs.
(3) How to report, prevent, and detect abuse and neglect.
(4) How to assist a client with personal hygiene and other home
care services.
(5) If transportation services are provided, how to safely
transport a client.
(d) The entry-level training and annual training described in
subdivisions (b) and (c) may be completed through an online training
program.
(e) For purposes of this section, "independent IHSS provider"
means an In-Home Supportive Services program provider who is not
employed by a private, third-party agency to provide home care
services pursuant to Article 7 (commencing with Section 12300) of
Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952,
or 14132.956 of, the Welfare and Institution Code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.