BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 852|
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UNFINISHED BUSINESS
Bill No: SB 852
Author: Senate Budget Fiscal Review Committee
Amended: 10/6/10
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Budget Act of 2010: Human Services
SOURCE : Author
DIGEST : Assembly Amendments delete the Senate version of
the bill which expressed the intent of the Legislature to
enact statutory changes relating to the Budget Act of 2010.
The bill now makes statutory changes that are necessary to
implement Human Services related provisions of the Budget
Bill.
ANALYSIS : This is the Human Services Budget Trailer
Bill. It contains provisions, including the following key
changes, that are necessary to implement the 2010-11
budget:
1. Health-Related Information
A. Data Sharing : Clarifies that, upon request and
for research purposes, the Office of Statewide Health
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Planning and Development can share confidential
patient-level health information with only the
University of California and similar non-profit
education institutions.
2. Community Care Licensing
A. Background Check Fees : Suspends, for one
additional year, a prohibition on charging
fingerprinting fees to applicants for licenses to
operate facilities that provide non-medical board,
room or day care to six or fewer children.
3. Child Support Services
A. Reporting Requirements : Extends existing
reporting and evaluation requirements related to
revenue stabilization funding to any year for which
such an appropriation is made.
B. Information Regarding Marital Status : Authorizes
the State Registrar to disclose information regarding
a mother's marital status to the Department of Child
Support Services for purposes of demographic and
statistical analysis. Requires the Department of
Child Support Services to keep that information
confidential.
4. Child Welfare Services & Foster Care
A. Confidential Intermediary Program for Sibling
Contact : Delays, for one additional year, to July 1,
2011, implementation of provisions enacted by AB 2488
(Chapter 386, Statutes of 2006) related to disclosure
of personal information between adoptees and their
biological siblings. Establishes intent for
implementation of those provisions to continue in the
interim to the extent possible.
B. Federal Conformity : To implement new federal
requirements, includes reasonable travel for a child
to remain in the school in which he or she is
enrolled at the time of placement within the
definition of care and supervision under the Aid to
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Families with Dependent Children-Foster Care program.
Further, clarifies the circumstances and terms under
which the state may enter into an agreement with an
Indian tribe, consortium of tribes or tribal
organizations regarding the care and custody of, and
jurisdiction over, Indian children.
C. Group Homes : Requires the Department of Social
Services to establish a working group to develop
recommended revisions to the existing system of
establishing Rate Classification Levels (RCLs) for
group homes. Additionally prohibits, for one year,
the establishment of a rate for a new or reinstated
group home program or provider or the increase of an
existing provider's rate or capacity, with
appropriate case-by-case exceptions.
5. CalWORKs
A. Federal Stimulus Funding : Extends operative
dates for provisions allocating funds received under
the federal Temporary Assistance for Needy Families
Emergency Contingency Fund (ECF) from October 1,
2010, to the expiration of relevant federal
authority. Correspondingly, extends suspension of
provisions of AB 98 (Chapter 589, Statutes of 2007)
until relevant provisions of ECF related to
subsidized employment programs expire. Finally,
amends state law to ensure that services supported by
ECF funding may be provided to needy youth, as
defined.
B. Program Delays : Delays to April 1, 2012 (from
April 1, 2010), the date by which the Work Incentive
Nutritional Supplement (WINS) program shall be fully
implemented. Delays to October 1, 2011 (from April
1, 2010), the date by which the Temporary Assistance
Program (TAP) must begin. Further, delays statewide
implementation of a CalWORKs county peer review
process to no later than July 1, 2011.
6. Food Stamps
A. Inter-County Transfers : Requires counties, no
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later than April 1 or July 1, 2011 (depending on
whether a food stamp recipient also receives CalWORKs
or Medi-Cal benefits), to begin using an inter-county
eligibility transfer process. As a result, food
stamp recipients would no longer need to reapply for
the program solely because of a move between counties
within California.
B. Temporary Waiver of Matching Fund Requirement :
Allows counties, during the 2010-11 and 2011-12
fiscal years, to receive full state funding for the
administration of food stamps without paying a share
of nonfederal costs above and beyond the applicable
maintenance of effort requirement.
7. In-Home Supportive Services (IHSS)
A. Services Provided : Suspends, until July 1, 2012,
eliminations of eligibility enacted by ABx4 4
(Chapter 4, Fourth Extraordinary Session, Statutes of
2009) for domestic and related services provided to
individuals with functional index rankings of less
than four or for all services provided to individuals
with functional index scores of less than two.
Specifies that these provisions shall take effect, as
of July 1, 2012, only if a court has upheld their
validity in an order that cannot be appealed.
Effective 90 days after enactment and until July 1,
2012, reduces by 3.6 percent the hours of service
authorized for IHSS recipients. Specifies that
recipients may direct the manner in which the
reduction is applied. Further, allows recipients to
appeal the reduction, as specified.
B. Provider Wages : Suspends, until July 1, 2012,
provisions added by SB 6 (Chapter 13, Statutes of
2009) that reduce, to $9.50 per hour plus $.60 per
hour for health benefits, the maximum level of IHSS
provider wages in which the state will participate.
Specifies that these provisions take effect, as of
July 1, 2012, only if a court has upheld their
validity in an order that cannot be appealed.
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C. Provider Exclusions : Effective 90 days after
enactment and subject to specified exceptions,
specifies felony criminal convictions, including
designated serious and violent offenses and sex
offenses, as well as fraud against a government
welfare program, which preclude a provider from being
paid to provide IHSS for a period of 10 years from
the date of conviction. Authorizes a recipient to
employ a provider convicted of the specified offenses
by submitting an individual waiver to the county.
Additionally allows a provider to request a more
general exception from exclusion that may be granted
or denied by the Department of Social Services.
8. Sales Tax & Supplementary IHSS Payments
A. Sales Tax on Support Services : Effective upon
date that specified conditions are met, extends sales
tax to gross receipts from a provider's sale of
support services, as defined, and creates the IHSS
Quality Assurance Revenue Fund, into which the tax
proceeds will be deposited. Requires the Department
of Social Services and other specified persons or
entities to collect, report, and pay, and the Board
of Equalization to administer, this extension of the
sales tax. Requires the Director of Health Care
Services to seek federal Medicaid approvals for the
receipt of matching funds for revenues obtained
pursuant to this tax. Repeals these provisions if
specified conditions are met.
B. Supplementary Payments to IHSS Providers :
Effective upon date that specified conditions are
met, requires the state to make supplementary
payments to IHSS providers equal to a prescribed
percentage of their gross receipts, with additional
amounts as specified. Excludes these payments from
gross receipts and from income. Repeals these
provisions if specified conditions are met.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
CTW:nl 10/6/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: NONE RECEIVED
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