BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 19XXXX|
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UNFINISHED BUSINESS
Bill No: SB 19XXXX
Author: Ducheny (D)
Amended: 7/23/09
Vote: 21
SENATE FLOOR : Not relevant
ASSEMBLY FLOOR : Not available
SUBJECT : Budget Act of 2009: human services
SOURCE : Author
DIGEST : Assembly Amendments delete the prior version of
the bill expressing the intent of the Legislature to enact
statutory changes relating to the 2009 Budget Act.
This bill now makes the statutory changes necessary to
implement the human services portion of the 2009-10 Budget.
ANALYSIS : This is a human services budget trailer bill
related to the In-Home Supportive Services (IHSS) program.
The bill contains provisions necessary to implement the
2009-10 Budget, including provisions that:
1.Effective January 1, 2010, requires the IHSS application
to contain a notice to the recipient that his or her
provider or providers shall receive a written notice of
the recipient's authorized services and full number of
service hours allotted to the recipient. The
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application shall inform recipients of the Medi-Cal
resources for reporting suspected fraud or abuse in the
provision or receipt of services.
2.Require the Department of Social Services (DSS) to
develop, by December 31, 2011, and in consultation with
county welfare departments and other stakeholders, a
process to ensure that IHSS providers receive a list
specifying the approved duties to be performed for
recipients under their care, and a complete list of
supportive service tasks available under the IHSS
program.
3.After January 1, 2010, require prospective providers to
complete a provider orientation at the time of
enrollment, as developed by the department, in
consultation with the counties, which will include
program information and require a signed agreement by
the provider, as specified.
4.Require that standardized provider timesheets used to
track the work performed by IHSS providers contain a
certification to be signed by the provider and
recipient, verifying that the information is true and
correct.
5.Establish a civil penalty of at least $500, but not to
exceed $1,000, for each instance of intentional
deception or misrepresentation in the provision of
timesheet information that results in a fraud
conviction.
6.Effective July 1, 2011, require the standardized
provider timesheet to contain designated spaces for the
index fingerprint of the provider and recipient. Minors
and individuals who are physically unable to provide a
fingerprint on the timesheet are exempt from the
equipment to do so.
7.Require criminal background checks to be completed for
all prospective providers within 90 days of the
effective date of the Act. Requires criminal background
checks to be performed no later than July 1, 2010, for
anyone who is already a provider on the effective date
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of the Act.
8.Require criminal background checks to be completed at
the provider's expense.
9.Require any individual applying to become a provider who
is rejected as a result of information contained in the
criminal background report to be given a copy of his or
her criminal history.
10.Require DSS to develop a written appeal process for
current and prospective providers who are deemed
ineligible to receive payment for the provision of
services due to information included in their criminal
background checks.
11.Require DSS, to the extent possible, to seek federal
financial participation for any costs associated with
obtaining criminal background checks for providers.
12.Require DSS, on or before July 1, 2010, and in
consultation with the Department of Health Care Services
(DHCS), county welfare departments and other
stakeholders, to ensure that a standardized curriculum
and training material are developed for county social
workers in order to prevent fraud within the IHSS
program.
13.Require DSS, in consultation with county welfare
departments, to develop protocols for targeted mailings
to providers and recipients. Require counties to
distribute these targeted program integrity mailings to
inform providers and recipients of the program rules and
requirements and the consequences of failing to adhere
to them.
14.Authorize unannounced visits to a recipient's home in
targeted cases where there is cause for concern
regarding program integrity. Require DSS, in
consultation with county welfare departments, to develop
protocols for follow-up home visits and other actions if
the provider and recipient are not present during the
initial visit, including, at a minimum, a notice sent to
the recipient's home regarding the visit and
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consequences of committing fraud, additional attempted
visits, and follow-up phone calls to both the recipient
and provider.
15.Require DSS, in consultation with county welfare
departments, to develop protocols and procedures for
obtaining fingerprint images of recipients of in-home
supportive services. Minors and individuals who are
physically unable to provide fingerprints are exempt
from the requirement to do so. Use of recipient
fingerprint imaging information is restricted to
identification purposes directly connected with the
provision of services to the recipient and program
integrity.
16.Authorizes counties to investigate fraud in the
provision or receipt of in-home supportive services,
only as outlined in protocols to be developed by the
department, in consultation with stakeholders, as
specified.
17.Require the department, in consultation with county
welfare directors, consumer advocates and legislative
staff, to develop uniform statewide protocols outlining
the activities that DSS, DHCS, and counties can engage
in for purposes of fraud prevention.
18.Require the county to notify DSS and DHCS if the county
concludes that there is reliable evidence that an IHSS
provider or recipient has engaged in fraud, as
specified.
19.Establish that the refusal of a provider or recipient to
comply with program requirements may result in the
termination of his or her participation in the IHSS
program.
20.Require the provider enrollment form to be completed
with a provider's residential address and prohibit the
use of a post office box as his or her address.
21.Prohibit provider paychecks from being sent to a post
office box unless the county approves a written or oral
request from the provider addressing why use of a post
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office box is necessary. Require a county to document a
provider's oral request and include the county's
approval or disapproval in the provider's file.
22.Provide for the implementation of certain provisions of
the bill through all-county letters or similar
instruction, as specified, and provides for the adoption
of emergency regulations by an unspecified date.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
DLW:cm 7/23/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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