BILL ANALYSIS
AB 2274
Page 1
ASSEMBLY THIRD READING
AB 2274 (Beall)
As Introduced February 18, 2010
Majority vote
HUMAN SERVICES 4-1 APPROPRIATIONS 10-5
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|Ayes:|Beall, Ammiano, Hall, |Ayes:|Fuentes, Ammiano, Coto, |
| |Swanson | |Davis, Bonnie Lowenthal, |
| | | |Hall, Skinner, Solorio, |
| | | |Torlakson, Hill |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tom Berryhill |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
| | | | |
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SUMMARY : Allows an In-Home Supportive Services (IHSS) recipient
who receives services from an entity authorized by a federal
Section 1115 Medicaid waiver, subject to program requirements,
to 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 : According to the Assembly Appropriations
Committee, "[a]ny costs associated with this legislation should
be minor and absorbable within existing resources."
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,
AB 2274
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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.
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
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 waiver, which is due to expire on July 31, 2010.
As part of the 2009-10 Budget, ABx4 6 was enacted to slow the
long-term Medi-Cal expenditure growth rate through significant
restructuring of the Medi-Cal program. This legislation commits
the Department of Health Care Services to pursuing a Section
1115 waiver that will restructure the organization and delivery
of health care for populations that include the most medically
vulnerable, high cost Medi-Cal beneficiaries with complex
chronic conditions, co-morbidities, and the highest needs for
on-going health care.
The specifics of California's new Section 1115 waiver have yet
to be determined. It is likely, however, that IHSS will be
included as a component of any coordinated systems of care under
the new waiver. 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.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0004073