BILL NUMBER: SB 886 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 3, 2010
AMENDED IN SENATE MARCH 16, 2010
INTRODUCED BY Senator Florez
JANUARY 19, 2010
An act to add Section 12301.26 to the Welfare and Institutions
Code, relating to social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 886, as amended, Florez. In-home supportive services providers:
electronic timekeeping.
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which qualified aged, blind, and disabled persons
receive services enabling them to remain in their own homes. Existing
law permits services to be provided under the IHSS program either
through the employment of individual providers, a contract between
the county and an entity for the provision of services, the creation
by the county of a public authority, or a contract between the county
and a nonprofit consortium. Counties are responsible for
administering the program.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Care Services, under which health care
services are provided to qualified low-income persons, including
specified in-home services. Under existing law, IHSS recipients who
are eligible for the Medi-Cal program, are provided with personal
care option services, as defined, in lieu of receiving these services
under the IHSS program.
Under existing law, the State Department of Social Services is
required, in consultation and coordination with county welfare
departments, to establish and implement statewide hourly task
guidelines and instructions to provide counties with a standard tool
for consistently and accurately assessing service needs and
authorizing service hours to meet those needs.
This bill would authorize the providers of
a county human services department responsible for administering
specified in-home services , at its option, to use
electronic timekeeping, as defined, for purposes of verifying hours
completed and ensuring quality home care for in-home recipients, as
defined. The bill would authorize a provider of the specified
services to retain the option of using paper timesheets, as
specified.
This bill would authorize the State Department of Social
Services to implement and administer the bill through all-county
letters or similar instructions from the director, as specified. The
bill would provide that, if any part of this
the bill conflicts with federal requirements prescribing
conditions for the allocation of federal funds to the state, the
conflicting part shall not be implemented, solely to the extent of
the conflict.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12301.26 is added to the Welfare and
Institutions Code, to read:
12301.26. (a) For purposes of this section, the following terms
shall have the following meanings:
(1) "Electronic" means a telephone-based interactive voice
response or web-based interactive technology with the ability to
allow users to interface directly with case management systems using
telephone or the Internet.
(2) "Electronic timekeeping" means an electronic and verifiable
method for providers to input their payroll timesheets directly,
using a telephone-based interactive voice response or web-based
technology that both identifies a provider and accurately records the
timekeeping of that provider for the recipient's visit
.
(3) "Recipient" means a person who has been deemed eligible to
receive in-home supportive services pursuant to this article, or
personal care services pursuant to Section 14132.95 ,
home medical care services pursuant to subdivision (s) of Section
14132, or other home- and community-based Medi-Cal program services
for which a waiver has been granted pursuant to subdivision (t) of
Section 14132 .
(b) A provider of services described in paragraph (3) of
subdivision (a) may use electronic timekeeping for purposes of
verifying hours completed and ensuring quality home care for in-home
recipients.
(b) (1) At the option of a county human services department
responsible for administering the in-home supportive services
pursuant to this article, a provider of services described in
paragraph (3) of subdivision (a) may use electronic timekeeping for
purposes of verifying hours completed and ensuring quality home care
for in-home care recipients.
(2) A provider of services described in paragraph (3) of
subdivision (a) shall retain the option of using paper timesheets,
consistent with policies and procedures applicable on December 31,
2010.
(c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instructions from the director.
Instructions issued pursuant to this subdivision shall be developed
in consultation with county human services departments,
representatives of providers and recipients, the appropriate public
authorities, and other stakeholders.
(c)
(d) If any part of this section is found to conflict
with federal requirements prescribing conditions for the allocation
of federal funds to the state, the conflicting part shall not be
implemented, solely to the extent of the conflict. Any regulation
adopted pursuant to this section shall be consistent with federal
requirements prescribing conditions for the receipt of federal funds
by the state.