BILL NUMBER: SB 791 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Yee
FEBRUARY 27, 2009
An act to amend Section 12302.25 of add
Section 12302.27 to the Welfare and Institutions Code, relating
to public social services, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 791, as amended, Yee. In-home supportive services: providers:
county responsibilities. COBRA.
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which, either through employment by the recipient or
by or through contract by the county, qualified, aged, blind, and
disabled persons receive services enabling them to remain in their
own homes. Counties are responsible for the administration
of the IHSS program. Existing law requires that each county act as,
or establish, an employer for IHSS providers for certain purposes, in
accordance with state and federal law, as specified.
This bill would add to the laws for which a county is
required to act as, or establish an employer for IHSS providers, a
specified federal law relating to premium assistance for benefits
under the Consolidated Omnibus Budget Reconciliation Act. By
expanding county duties in this regard, this bill would result in a
state-mandated local program. provide that, for
purposes of in-home supportive services providers, the entity that
administers health benefits under the federal Consolidated Omnibus
Budget Reconciliation Act (COBRA) shall be the same entity that
implements a specified federal COBRA subsidy program for these
providers.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12302.27 is added to the
Welfare and Institutions Code , to read :
12302.27. The entity that administers the COBRA health benefit
for in-home supportive services providers shall be the same entity
responsible for implementing the subsidy program in Title III of
Division B of the federal Recovery and Reinvestment Act of 2009
(Public Law 111-5) for these providers.
SECTION 1. Section 12302.25 of the Welfare and
Institutions Code is amended to read:
12302.25. (a) On or before January 1, 2003, each county shall act
as, or establish, an employer for in-home supportive service
providers under Section 12302.2 for the purposes of Chapter 10
(commencing with Section 3500) of Division 4 of Title 1 of the
Government Code, Title III of Division B of the federal Recovery and
Reinvestment Act of 2009 (Public Law 111-5), and other applicable
state or federal laws. Each county may utilize a public authority or
nonprofit consortium as authorized under Section 12301.6, the
contract mode as authorized under Sections 12302 and 12302.1, county
administration of the individual provider mode as authorized under
Sections 12302 and 12302.2 for purposes of acting as, or providing,
an employer under Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1 of the Government Code, county civil service
personnel as authorized under Section 12302, or mixed modes of
service authorized pursuant to this article and may establish
regional agreements in establishing an employer for purposes of this
subdivision for providers of in-home supportive services. Within 30
days of the effective date of this section, the department shall
develop a timetable for implementation of this subdivision to ensure
orderly compliance by counties. Recipients of in-home supportive
services shall retain the right to choose the individuals that
provide their care and to recruit, select, train, reject, or change
any provider under the contract mode or to hire, fire, train, and
supervise any provider under any other mode of service. Upon request
of a recipient, and in addition to a county's selected method of
establishing an employer for in-home supportive service providers
pursuant to this subdivision, counties with an IHSS caseload of more
than 500 shall be required to offer an individual provider employer
option.
(b) Nothing in this section shall prohibit any negotiations or
agreement regarding collective bargaining or any wage and benefit
enhancements.
(c) Nothing in this section shall be construed to affect the state'
s responsibility with respect to the state payroll system,
unemployment insurance, or workers' compensation and other provisions
of Section 12302.2 for providers of in-home supportive services.
(d) Prior to implementing subdivision (a), a county shall
establish an advisory committee as required by Section 12301.3 and
solicit recommendations from the advisory committee on the preferred
mode or modes of service to be utilized in the county for in-home
supportive services.
(e) Each county shall take into account the advice and
recommendations of the in-home supportive services advisory
committee, as established pursuant to Section 12301.3, prior to
making policy and funding decisions about the program on an ongoing
basis.
(f) In implementing and administering this section, no county,
public authority, nonprofit consortium, contractor, or a combination
thereof, that delivers in-home supportive services shall reduce the
hours of service for any recipient below the amount determined to be
necessary under the uniform assessment guidelines established by the
department.
(g) Any agreement between a county and an entity acting as an
employer under subdivision (a) shall include a provision that
requires that funds appropriated by the state for wage increases for
in-home supportive services providers be used exclusively for that
purpose. Counties or the state may undertake audits of the entities
acting as employers under the terms of subdivision (a) to verify
compliance with this subdivision.
(h) On or before January 15, 2003, each county shall provide the
department with documentation that demonstrates compliance with the
January 1, 2003, deadline specified in subdivision (a). The
documentation shall include, but is not limited to, any of the
following:
(1) The public authority ordinance and employee relations
procedures.
(2) The invitations to bid and requests for proposal for contract
services for the contract mode.
(3) An invitation to bid and request for proposal for the
operation of a nonprofit consortium.
(4) A county board of supervisors' resolution resolving that the
county has chosen to act as the employer required by subdivision (a)
either by utilizing county employees, as authorized by Section 12302,
to provide in-home supportive services or through county
administration of individual providers.
(5) Any combination of the documentation required under paragraphs
(1) to (4), inclusive, that reflects the decision of a county to
provide mixed modes of service as authorized under subdivision (a).
(i) Any county that is unable to provide the documentation
required by subdivision (h) by January 15, 2003, may provide, on or
before that date, a written notice to the department that does all of
the following:
(1) Explains the county's failure to provide the required
documentation.
(2) Describes the county's plan for coming into compliance with
the requirements of this section.
(3) Includes a timetable for the county to come into compliance
with this section, but in no case shall the timetable extend beyond
March 31, 2003.
(j) Any county that fails to provide the documentation required by
subdivision (h) and also fails to provide the written notice as
allowed under subdivision (i), shall be deemed by operation of law to
be the employer of IHSS individual providers for purposes of Chapter
10 (commencing with Section 3500) of Division 4 of Title 1 of the
Government Code as of January 15, 2003.
(k) Any county that provides a written notice as allowed under
subdivision (i), but fails to provide the documentation required
under subdivision (h) by March 31, 2003, shall be deemed by operation
of law to be the employer of IHSS individual providers for purposes
of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1
of the Government Code as of April 1, 2003.
() Any county deemed by operation of law, pursuant to subdivision
(j) or (k), to be the employer of IHSS individual providers for
purposes of Chapter 10 (commencing with Section 3500) of Division 4
of Title 1 of the Government Code shall continue to act in that
capacity until the county notifies the department that it has
established another employer as permitted by this section, and has
provided the department with the documentation required under
subdivision (h) demonstrating the change.
(m) Section 10605 may be applied in each county that has not
complied with this section by January 1, 2003.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. SEC. 2. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to access federal funding at the earliest possible time,
it is necessary for this act to take effect immediately.