BILL ANALYSIS �
AB 1471
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CONCURRENCE IN SENATE AMENDMENTS
AB 1471 (Budget Committee)
As Amended August 24, 2012
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
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|ASSEMBLY: | |(March 22, |SENATE: |23-11|(August 29, |
| | |2012) | | |2012) |
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Original Committee Reference: BUDGET
SUMMARY : Makes statutory and technical changes necessary to
implement Human Services-related provisions of the 2012-13
Budget.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Match Waiver. Extend by one year (through the 2012-13 state
fiscal year) a "match waiver" policy that was in effect for
the 2010-11 and 2011-12 state fiscal years. Under the waiver,
counties can receive the full state General Fund allocation
for CalFresh administration without paying their share of
nonfederal costs for the amount above an applicable
maintenance of effort requirement, which is tied to 1996-97
expenditures. This extension was adopted by both houses, but
inadvertently omitted from the 2012-13 human services budget
trailer bills.
2)Duals Demonstration Project and Long-Term Services and
Supports Integration. The 2012-13 Budget included changes to
authorize a demonstration project in eight counties that
integrates the delivery of medical services, long-term
services and supports (including In-Home Supportive
Services(IHSS)), and behavioral health services through
Medi-Cal managed care plans. As part of this demonstration
project, SB 1036 (Budget and Fiscal Review Committee), Chapter
45, Statutes of 2012, also established an IHSS Statewide
Authority for specified purposes of collective bargaining as
IHSS becomes a benefit provided through managed care. In
addition to other technical changes to these provisions, this
bill:
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a) Clarifies that counties maintain the responsibility to
establishing emergency back-up services, as specified.
b) Extends current law provisions to continue to authorize
nonprofit entities to operate.
c) Specifies additional circumstances under which an agency
seeking certification to provide IHSS can verify its
financial status. More specifically, it would allow a
nonprofit or public entity to utilize a signed letter of
support from the organization or entity that is responsible
for the majority of the applicant's revenue.
d) Requires the Department of Finance to consult with
counties regarding implementation of IHSS Maintenance of
Effort (MOE) provisions.
e) Clarifies that the state is immune from, and managed
care health plans are not considered employers of IHSS
providers for purposes of, liability resulting from
implementation of specified laws or from the negligence or
intentional acts of a contract provider, mirroring current
law as it applies to counties.
1)Licensing. Existing law, the California Community Care
Facilities Act, authorizes a licensee of certain adult
residential facilities or group homes to utilize secured
perimeters, as defined and under specified circumstances.
Provisions of a recent budget trailer bill AB 1472 (Budget
Committee), Chapter 25, Statutes of 2012, specified that these
perimeters may not be utilized in residences of children in
foster care under the jurisdiction of the juvenile court.
This bill makes technical changes to the definition of when
that criteria is applicable.
Another recent human services budget trailer bill SB 1009
(Budget and Fiscal Review Committee), Chapter 34, Statutes of
2012, transferred responsibility for licensing psychiatric
health facilities and mental health rehabilitation centers
from the Department of Mental Health to the Department of
Social Services (DSS). To implement required criminal
background checks, this bill makes changes to require an
applicant, licensee, or direct care staff person, as
appropriate, to submit fingerprint images and other
information to the Department of Justice (DOJ) in order for
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DOJ to send the results to DSS. Provisions of SB 1009 would
instead have required DSS to submit that information to DOJ.
2)CalWORKs. A recent budget trailer bill SB 1041 (Budget and
Fiscal Review Committee), Chapter 47, Statutes of 2012, made
significant changes to the California Work Opportunity and
Responsibility to Kids (CalWORKs) welfare-to-work program.
This bill makes technical and conforming changes, including
clarification of the timing of adjustments in benefits that
result from changes in income for families subject to annual
eligibility reporting requirements and of the transitional
eligibility for assistance of pregnant women who would
otherwise have been eligible for aid under the Cal-Learn
program, as specified.
3)Developmental Services. AB 1472 established new restrictions
on admissions to Developmental Centers. This bill clarifies
that the admissions and recommitment criteria applicable prior
to these changes would continue to apply to individuals who
were admitted to Developmental Centers pursuant to the Welfare
and Institutions Code Section 6500 prior to July 1, 2012.
4)Make additional minor, technical changes to provisions
recently enacted in human services-related budget trailer
bills.
5)Appropriate $1,000 from the General Fund to the California
Health and Human Services Agency.
6)Contain an appropriation allowing this bill to take effect
immediately upon enactment.
AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the
Legislature to enact statutory changes relating to the Budget
Act of 2012.
COMMENTS : These amendments are technical, non-substantive, and
clean-up in nature.
Analysis Prepared by : Nicole Vazquez / BUDGET / (916) 319-2099
FN: 0005830
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