BILL NUMBER: SB 891 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Liu
JANUARY 25, 2010
An act to amend Section 12309 of add
Section 12309.5 to the Welfare and Institutions Code, relating
to In-Home Supportive Services.
LEGISLATIVE COUNSEL'S DIGEST
SB 891, as amended, Liu. In-Home Supportive Services: needs
assessment.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons receive services enabling them to remain
in their home. Existing law requires the State Department of Social
Services to develop a uniform assessment tool to ensure that IHSS
services are delivered in all counties in a uniform manner.
Under existing law, personal care services provided to a qualified
individual who is eligible for Medi-Cal benefits are a Medi-Cal
covered benefit, under the Personal Care Services Program (PCSP).
Under existing law, the department is responsible for procuring
and implementing a new Case Management Information and Payroll System
(CMIPS) for the IHSS/PCSP program, including specified minimum
requirements, to provide case management, payroll, and management
information for the program.
Existing law requires counties to use the needs assessment tool to
evaluate a recipient's functioning in various activities, as
prescribed, and to quantify the recipient's functioning using a
five-point scale to rank each function. Under existing law, a
recipient is assigned a functional index score, which is a weighted
average based on the recipient's individual rankings, that is used in
the assessment of IHSS services.
This bill would require the department, commencing January 1,
2011, and every 3 years thereafter, to update the needs assessment
tool.
This bill would require the department and the State Department of
Health Care Services to jointly convene a stakeholder review
process, as specified, to obtain information and comments regarding
imposition of a tax on payments received by IHSS providers and the
potential for increased federal financial participation as a result
of these tax revenues, and alternatives to the state's methodology
for deriving a functional index score for IHSS consumers.
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 12309.5 is added to the
Welfare and Institutions Code , to read:
12309.5. (a) The department and the State Department of Health
Care Services shall jointly convene a stakeholder review process to
obtain information and comments regarding both of the following:
(1) The imposition of a tax on payments received by in-home
supportive services providers, and the potential for increased
federal financial participation as a result of these tax revenues.
(2) Alternatives to the state's methodology for deriving a
functional index score for in-home supportive services consumers.
(b) The stakeholder review process required by this section shall
include statewide organizations representing the interests of
consumers, family members, service providers, and statewide advocacy
organizations, as well as appropriate policy and fiscal staff of the
Legislature.
SECTION 1. Section 12309 of the Welfare and
Institutions Code is amended to read:
12309. (a) In order to ensure that in-home supportive services
are delivered in all counties in a uniform manner, the department
shall develop a uniform needs assessment tool. Commencing January 1,
2011, and every three years thereafter, the department shall update
the uniform needs assessment tool.
(b) (1) Each county shall, in administering this article, use the
uniform needs assessment tool developed pursuant to subdivision (a)
in collecting and evaluating information.
(2) For purposes of paragraph (1), "information" includes, but is
not limited to, all of the following:
(A) The recipient's living environment.
(B) Alternative resources.
(C) The recipient's functional abilities.
(c) (1) The uniform needs assessment tool developed pursuant to
subdivision (a) shall evaluate the recipient's functioning in
activities of daily living and instrumental activities of daily
living.
(2) The recipient's functioning shall be quantified, using the
general hierarchical five-point scale for ranking each function, as
specified in subdivision (d).
(d) The recipient's functioning ranks shall be as follows:
(1) Rank one. A recipient's functioning shall be classified as
rank one if his or her functioning is independent, and he or she is
able to perform the function without human assistance, although the
recipient may have difficulty in performing the function, but the
completion of the function, with or without a device or mobility aid,
poses no substantial risk to his or her safety.
(2) Rank two. A recipient's functioning shall be classified as
rank two if he or she is able to perform the function, but needs
verbal assistance, such as reminding, guidance, or encouragement.
(3) Rank three. A recipient's functioning shall be classified as
rank three if he or she can perform the function with some human
assistance, including, but not limited to, direct physical assistance
from a provider.
(4) Rank four. A recipient's functioning shall be classified as
rank four if he or she can perform the function, but only with
substantial human assistance.
(5) Rank five. A recipient's functioning shall be classified as
rank five if he or she cannot perform the function, with or without
human assistance.
(e) (1) Notwithstanding any other law, and effective September 1,
2009, individuals shall be eligible for each domestic or related
service only if assessed at a rank four or five, as defined in
subdivision (d), in the activity of daily living relating to that
service. The activities of daily living that relate to domestic and
related services are defined in regulations and include housework,
laundry, shopping and errands, meal preparation, and meal cleanup.
The rank for each domestic and related service shall be determined
based on an assessment of need for supportive services by the county,
in accordance with this section and the hourly task guidelines as
defined by Section 12301.2. This paragraph does not apply to
individuals meeting one of the conditions specified in paragraph (2).
(2) Paragraph (1) shall not apply to individuals authorized to
receive either protective supervision pursuant to subdivision (b) of
Section 12300 and Section 12301.21 or paramedical services pursuant
to Section 12300.1, or to individuals authorized to receive over 120
hours of services per month.
(3) To the extent necessary to maintain federal financial
participation, the director may waive any or all of the provisions of
paragraph (2), after consultation with the State Department of
Health Care Services.
(f) A recipient shall be assigned a functional index score. The
functional index score for a recipient shall be a weighted average
based on the individual functional index rankings, as described in
subdivision (d), to provide a single measure of a recipient's
relative dependence on human assistance for performance of activities
of daily living that are used in the assessment of services provided
pursuant to this article.
(g) (1) 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 instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than July 1, 2010. The
department may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations implementing
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and the one readoption of emergency regulations
authorized by this subdivision shall be exempt from review and
approval by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this subdivision shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time final
regulations may be adopted.
(h) Subdivisions (e), (f), and (g) shall become operative on
September 1, 2009.