BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 141|
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THIRD READING
Bill No: SB 141
Author: Maldonado (R), et al
Amended: 5/5/09
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 4/28/09
AYES: Liu, Maldonado, Alquist, Runner, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : In-home supportive services: provider
timesheets
SOURCE : Author
DIGEST : This bill requires that timesheets for in-home
supportive services, which are signed by the recipient and
the provider of services, contain a legal certification. A
person knowingly providing false information would be
subject to a civil penalty, the minimum of which is $500
and the maximum is $1,000.
ANALYSIS :
Existing law:
1. Establishes the in-home supportive services (IHSS)
program to assist qualifying aged, blind, and disabled
individuals to remain safely in their own homes.
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2. Establishes the crime of perjury as a felony punishable
by two, three, or four years in state prison. (Sections
118 and 126 of the Penal Code)
3. Requires applicants for IHSS to sign their application
under penalty of perjury.
4. Requires the Department of Social Services (DSS) to
establish statewide hourly task guidelines for the
chores and services provided through IHSS and to provide
a standardized tool for consistent and accurate
assessment of a client's service needs.
5. Requires recipients and providers of IHSS to sign a time
sheet every fourteen days showing the number of hours
per day of services received.
This bill:
1. Requires that the time sheet contain a legal
certification to be signed by the provider and
recipient.
2. Provides that a person who knowingly provides false
information be subject to a civil penalty for each
violation in the minimum amount of $500 and the maximum
amount of $1,000.
3. Provides that an action for a civil penalty may be
brought by any public prosecutor and the penalty imposed
shall be enforceable as a civil judgment.
Comment
Of the CalWORKs [California Work Opportunity and
Responsibility to Kids] investigations completed during the
period reported, one-third of the 2.44 percent of cases
deemed suspicious (that is, 0.8 percent of all CalWORKs
cases) were found to have evidence sufficient to support an
allegation of fraud. DSS found that $8 million in
fraudulent overpayments were made during that last quarter
of 2007, and $3.6 million was recovered. Of the food stamp
investigations completed during the period reported,
one-third of the 2.03 percent of cases deemed suspicions
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(that is, 0.65 percent of all food stamp cases) were found
to have evidence sufficient to support an allegation of
fraud. DSS found that $3.75 million in fraudulent
over-issuances were made in that quarter, and $1.7 million
was recovered.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/15/09)
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OPPOSITION : (Verified 5/15/09)
IHSS Coalition
ARGUMENTS IN SUPPORT : In 2005, the Legislature added
quality assurance provisions to IHSS to ensure that
assessment and the provision of services are uniform across
the state and to prevent or eliminate fraud within the
program. It is time, says the author's office, to revisit
and strengthen quality assurance and program integrity
within IHSS. Because oversight is limited, the author's
office believes that fraud has been able to go virtually
undetected.
The author's office believes that adding a civil penalty to
the knowing provision of false information on the timesheet
will deter some fraudulent activity and ensure the
program's integrity.
ARGUMENTS IN OPPOSITION : The opponent believes that
claims of IHSS fraud are often inflated and without
foundation. They believe that the penalties contained in
this bill are out of proportion to the common errors and
mistakes that happen when IHSS timesheets are submitted.
CTW:mw 5/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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