BILL ANALYSIS
SB 852
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SENATE THIRD READING
SB 852 (Budget and Fiscal Review Committee)
As Amended October 7, 2010
2/3 vote. Urgency
SENATE VOTE :Vote not relevant
SUMMARY : This is the Human Services Budget Trailer Bill. It
contains provisions necessary to implement the 2010-11 budget.
Specifically, this bill :
1)Clarifies that, upon request and for research purposes, the
Office of Statewide Health Planning and Development can share
confidential patient-level health information with only the
University of California and similar non-profit education
institutions.
2)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 (Community Care Licensing).
3)Child Support Services
a) Extends existing reporting and evaluation requirements
related to revenue stabilization funding to any year for
which such an appropriation is made.
b) Authorizes the State Registrar to disclose information
regarding a mother's marital status to the Department of
Child Support Services for the purposes of demographic and
statistical analysis. Requires the Department of Child
Support Services to keep that information confidential.
4)Child Welfare Services and Foster Care
a) Delays, for one additional year to July 1, 2011,
implementation of provisions enacted by AB 2488 (Leno),
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.
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b) 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
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 organization regarding the
care and custody of, and jurisdiction over, Indian
children.
c) 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) 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
(Niello), 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) 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
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a) Requires counties, no 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) 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) Delays implementation, until July 1, 2012, of service
reductions that were enacted by AB 4 X4 (Evans), Chapter 4,
Statutes of 2009-10 Fourth Extraordinary Session, including
the elimination of domestic and related services, subject
to specified exemptions, provided to individuals with
functional index rankings of less than four and the
elimination of all services provided to individuals with
functional index scores of less than two. These provisions
have not taken effect as a result of pending litigation.
Further, conditions implementation of these changes on
issuance by a court of competent jurisdiction of a
specified order upholding these reductions.
Effective 90 days after enactment and until June 30, 2012,
reduces by 3.6% the hours of authorized service, pursuant
to their most recent assessment, provided to IHSS
recipients. On July 1, 2012, the recipient's authorized
service hours would be restored. Specifies that recipients
may direct the manner in which the reduction is applied.
Requires the Department of Social Service (DSS) to provide
recipients with comprehensible notice of the reduction and
its temporary nature.
b) Extends a sales tax on providers of support services,
measured by gross receipts from the sale of those services.
Requires the DSS and other specified persons or entities
to collect, report, and pay, and the Board of Equalization
to administer, the sales tax. Requires the Director of
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Health Care Services to seek federal Medicaid approval to
draw down specified matching funds.
c) Requires the state to make a supplemental Medicaid
payment to IHSS providers, measured by gross receipts paid
to the provider and paid out of the In-Home Supportive
Services Revenue Fund established by the bill. Repeals
these provisions if relevant federal approval sought by the
Director of Health Care Services is denied.
d) Specifies other criminal convictions, including
convictions for certain violent and serious felonies, fraud
in the obtaining of aid, and designated felony sex
offenses, that would preclude specified provider applicants
from becoming a provider of IHSS, in addition to the
criminal convictions that exclude a person from providing
or being paid to provide IHSS under existing law. Applies
the new criminal conviction exclusions commencing 90 days
following the effective date of the bill. Requires the
provider enrollment form to be revised to include the
excludable criminal convictions provided for by the bill.
Authorizes a recipient to employ a particular provider who
has been convicted of an excludable offense identified in
the bill by submitting an individual waiver to the county.
Prescribes the county's duties with respect to processing
these individual waivers. Authorizes a provider applicant
with an excludable criminal conviction to seek a general
exception, in order to provide services to the general
recipient population, and prescribes the criteria to be
used by the DSS in determining whether to grant the
exception. Specifies applicable notice and administrative
hearing requirements, and other duties of the department in
connection with implementation.
Requires a nonprofit consortium, public authority, or
county with criminal background check authority to secure a
criminal background check clearance to accept a clearance
for certain individuals who have been deemed eligible to
receive payment under the IHSS program by another nonprofit
consortium, public authority, or county with criminal
background check authority.
e) Delays implementation, until July 1, 2012, of the
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provisions added by SB 6 (Ducheny), 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. Further, conditions
implementation of this change on issuance by a court of
competent jurisdiction of a specified order validating the
wage and benefit reductions. These provisions are not in
effect as a result of pending litigation.
8)Allows for emergency regulations or all-county letters to
ensure timely implementation of certain provisions. Declares
that this bill is to take effect immediately.
9)Urgency Clause. Declares this bill take effect immediately as
an urgency statute.
Analysis Prepared by : Nicole Vazquez / BUDGET / (916) 319-2099
FN: 0007187