BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1763|
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THIRD READING
Bill No: AB 1763
Author: Lieu (D)
Amended: 8/18/10 in Senate
Vote: 27 - Urgency
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/22/10
AYES: Liu, Emmerson, Romero, Yee
NO VOTE RECORDED: Runner
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/29/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Huff
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 54-22, 6/3/10 - See last page for vote
SUBJECT : In-home supportive services
SOURCE : Service Employees International Union
United Domestic Workers of America/AFSCME
DIGEST : This bill revises and recasts provisions related
to background checks and in-home supportive services.
ANALYSIS :
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Existing law:
1.Establishes the in-home supportive services (IHSS)
program to provide personal services and home care for
eligible low-income aged, blind, and disabled individuals
to enable recipients to remain in their own homes and
avoid institutionalization.
2.Provides for the oversight of the IHSS program by
Department of Social Services (DSS) at the state level,
and county administration at the local level. Specifies
the responsibilities of DSS, the Department of Health
Care Services, and the counties for various quality
assurance activities, including activities to ensure
program integrity. Permits counties to contract with a
nonprofit consortium or establish a public authority to
perform various duties in the employment of persons
providing IHSS services. Directs the public authority or
nonprofit consortium to assist recipients in finding IHSS
providers through the establishment of a provider
registry.
3.Establishes rules governing provider enrollment,
including the requirement that criminal background checks
must be completed for all IHSS providers, as specified,
as a condition of the provider's enrollment in the IHSS
program. Provides that criminal background checks shall
be conducted at the provider's expense. Authorizes the
Department of Justice (DOJ) to assess a fee to cover the
cost of furnishing criminal history information.
4.Prohibits persons who have been convicted of fraud
against a government health care or supportive services
program, child abuse, or elder abuse within the preceding
10 years from providing IHSS services.
5.Requires DSS to convene periodic meetings in which
supportive services recipients, providers, advocates,
IHSS provider representatives, organizations representing
recipients, counties, public authorities, nonprofit
consortia, and other interested stakeholders may receive
information and have the opportunity to provide input to
DSS regarding required quality assurance, program
integrity, and program consistency efforts.
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This bill requires a county to provide an individual and
DOJ with a copy of the individual's criminal offender
record information search response, as provided to the
county by DOJ, if the individual has been denied placement
on the registry for providing supportive services to any
recipient of services under the IHSS program based on that
information. The criminal offender record information
search response shall not be made available to any other
individual. A criminal record information search response
shall not be modified or altered from its form or content
as provided by DOJ. The county shall provide an
individual's criminal offender record information search
response in such a manner as to protect the confidentiality
and privacy of the criminal offender record information
search response. The county shall retain a copy of each
individual's criminal offender record information search
response and record the date the copy of the response was
provided to the individual and DOJ.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/18/10)
United Domestic Workers of America/AFSCME (co-source)
Service Employees International Union (co-source)
Aging Services of California
American Civil Liberties Union
California Alliance for Retired Americans
California Association of Area Agencies on Aging
California Foundation for Independent Living Centers
County Welfare Directors Association of California
ARGUMENTS IN SUPPORT : The United Domestic Workers of
America/American Federation of State, County and Municipal
Employees (UDW/AFSCME) state that criminal offender record
information records cannot be shared between counties due
to privacy statutes that govern sharing and dissemination
of DOJ criminal history records. UDW/AFSCME believe that
the unintended consequences are that IHSS providers who
work in more than one county are required to bear the cost
of undergoing and submitting multiple fingerprints and
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criminal record background checks.
Service Employees International Union writes that this bill
will ease an administrative burden on counties and county
social workers and reduce redundant background check
requirements on IHSS workers who provide services in more
than one county or who move from one county to another.
The California Association of Area Agencies on Aging writes
that this bill gives the IHSS worker employment flexibility
in the workplace and lessens the financial burden on the
worker.
Aging Services of California writes that multiple criminal
background checks are not only excessive and unnecessary,
they impose an extreme hardship on already low-income
workers. Aging Services believes that with the state's
financial picture growing increasingly uncertain, it is
critical to make every effort to preserve and secure home
and community-based services.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Blakeslee,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Cook, Coto,
Davis, De La Torre, De Leon, Emmerson, Eng, Evans, Feuer,
Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, V.
Manuel Perez, Portantino, Ruskin, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Anderson, Bill Berryhill, Conway, DeVore, Fletcher,
Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey,
Jeffries, Knight, Logue, Miller, Niello, Nielsen, Norby,
Silva, Smyth, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Salas, Audra Strickland,
Vacancy
CTW:mw 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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