BILL ANALYSIS
AB 2274
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
AB 2274 (Beall) - As Introduced: February 18, 2010
SUBJECT : In-Home Supportive Services Program
SUMMARY : Allows an In-Home Supportive Services (IHSS) recipient
who receives services from an entity authorized by a federal
Section 1115 Medicaid waiver to, subject to program
requirements, select any qualified person to provide the
services, and defines "qualified person" to include an employee
of such an entity who is available and eligible to provide the
services.
EXISTING LAW
1)Establishes the IHSS program to provide personal services and
home care for eligible poor, aged, blind and disabled
individuals to enable recipients to remain in their own homes
and avoid institutionalization.
2)Provides that IHSS recipients who receive services through a
contract or managed care provider may, subject to program
requirements, select any qualified provider who is an employee
of the contract or managed care provider.
FISCAL EFFECT : Unknown
COMMENTS : The IHSS Program helps pay for services so that the
elderly, disabled, or blind individuals can remain in their own
homes and avoid institutionalization. IHSS services include,
but are not limited to, housecleaning, meal preparation,
laundry, grocery shopping, personal care services (such as bowel
and bladder care, bathing, grooming and paramedical services),
accompaniment to medical appointments, and protective
supervision for people with mental impairments. A portion of
the costs for IHSS services are paid by federal funding. The
entire program consists of over 448,000 recipients and on
average 365,000 IHSS workers.
IHSS recipients have the right to choose their personal workers.
Most IHSS recipients receive care services from an individual
provider. Some recipients, however, receive services through
AB 2274
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contract or managed care providers. Current law provides that,
in those instances, the recipieint nonetheless may, subject to
program requirements, select any qualified person to provide
IHSS services.
California is currently in the process of renewing its "Section
1115" Medicaid Independence Plus waiver, which is due to expire
on July 31, 2010. These federal waivers authorize demonstration
programs to assist individuals in avoiding unnecessary
institutionalization and maximizing the efficient use of
community services and supports. IHSS recipients with parent or
spouse providers receive services under California's current
Section 1115 waiver.
The specifics of California's new Section 1115 waiver have yet
to be determined. The sponsor of this bill, Services Employees
International Union (SEIU), notes, however, that "major changes
to programs made within short time frames--the 1115 waiver
amendments are on a course for summer 2010--can result in
accidental omissions that potentially harm people who rely on
the programs being changed." Thus, the author says, this bill
simply ensures that the right of recipients to choose their
provider will not be interrupted or interfered with through any
new program model that may be authorized under California's new
Section 1115 waiver.
REGISTERED SUPPORT / OPPOSITION :
Support
Services Employees International Union (SEIU) (sponsor)
Opposition
None on file.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089