BILL ANALYSIS �
SB 1036
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SENATE THIRD READING
SB 1036 (Budget and Fiscal Review Committee)
As Amended June 26, 2012
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE :Vote not relevant
SUMMARY : Makes statutory changes necessary to implement
portions of the 2012-13 Budget as it relates to the Duals
Demonstration Project and Long-Term Services and Supports
Integration. Specifically, this bill :
1)Incorporates and preserves the In-Home Supportive Services
(IHSS) program into the Duals Demonstration Project. The
demonstration project will enable individuals to receive a
continuum of services that maximizes access to, and
coordination of, benefits between the Medi-Cal and Medicare
programs, with the continuum of long-term services and
supports and behavioral health services.
2)Commences the demonstration project with an eight-county pilot
and folds in the IHSS program as counties transition,
retaining the consumer's ability to direct and control care.
3)Authorizes integration of long-term services and supports in
order to improve consumer health and well-being, and to
maximize the availability of home- and community based
services to consumers.
4)Maintains the key social model components of the IHSS program
and refocuses the health care delivery system to include the
social model as a primary component of coordinated care
delivery.
5)Provides that, no sooner than March 1, 2013, the IHSS program
shall be a Medi-Cal benefit available through managed care
health plans in a county that is participating in the Duals
Demonstration Project. Requires that this transition occur
over 12 months.
6)Ensures that access to and payment for services for
individuals who meet the current eligibility criteria for the
IHSS program will be maintained. Requires that IHSS be
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provided in accordance with current law set out pursuant to
Code Section 12300 et seq.
7)Preserves a consumer's right to be the employer, to select,
engage, direct, supervise, schedule, and terminate IHSS
providers in accordance with current law.
8)Creates a 13-member consumer advisory committee at the state
level to provide ongoing advice and recommendations regarding
the IHSS program. Provides that at least 50% of the
membership of the advisory committee shall be individuals who
are current or past consumers of personal assistance services
paid for through public or private funds or as current
consumers of services under this article. Membership will
include current or former providers, and individuals who
represent organizations that advocate for people with
disabilities or seniors.
9)Requires the consumer's consent to address a care coordination
team as it is being considered during the Duals Demonstration
Project.
10)Continues to require all quality assurance provisions, and
other data and standards requirements as specified, related to
the Department of Social Services (DSS) implementation of the
IHSS program to apply, including state and federal quality
assurance requirements.
11)Contains provisions to continue IHSS services with the
consumer empowered to direct and control their care and to
transition certain functions to the state level. Preserves
the consumer's right to the appeal process as set forth in
current law.
12)Maintains current law provisions requiring background checks
for prospective providers.
13)Authorizes the Department of Health Care Services (DHCS), the
DSS, and the California Department of Aging (CDA) to establish
a stakeholder workgroup process to develop the universal
assessment process including a universal assessment tool for
home and community based services. The universal assessment
process would be designed and tested in order to be used for
all home and community based services. Directs the
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stakeholder group to build upon the IHSS uniform assessment
process and hourly task guidelines, the Multipurpose Senior
Services Program (MSSP) assessment process, and other
appropriate home and community-based assessment tools.
Includes a list of issues and criteria for the stakeholder
workgroup to consider in developing the universal assessment
process and tool.
14)Requires the DHCS and the DSS to report to the Legislature
regarding the progress of the workgroup in developing the
universal assessment process. Authorizes the design, testing
and pilot implementation of the process and tool.
15)Redefines the county share-of-cost provisions in the IHSS
program and instead creates a county Maintenance of Effort
(MOE) to preserve base funding for the IHSS program. Creates
a base level of funding necessary for the IHSS program.
Provides an adjustment factor in the future of 3.5%.
16)Modifies the county MOE in the case of lower-than-expected
1991 realignment funding and requires the Department of
Finance (DOF) to notify the appropriate legislative fiscal
committees and the California State Association of Counties
(CSAC) by May 14 of each year whether the factor will apply
for the following year. Requires the county MOE to be
adjusted to reflect local modifications to agreements.
Defines which sharing ratios apply pertaining to local
modifications. Makes inoperative the county MOE under certain
conditions as decided by the Director of the DHCS.
17)Gives discretion to the Director of the DHCS to make these
provisions inoperative based on certain criteria.
18)Requires the DSS to develop in consultation with the DHCS and
in collaboration with stakeholders a training curriculum for
providers for which participation is voluntary and for which
there shall be no state costs. Preserves the IHSS consumer's
right to train his or her individual provider.
19)Makes this measure contingent on enactment of the
health-related portions of the Duals Demonstration Project and
Long-Term Services and Supports Integration contained in SB
1008 or AB 1468.
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20)Contains an appropriation allowing this bill to take effect
immediately upon enactment.
Analysis Prepared by : Nicole Vazquez / BUDGET / (916) 319-2099
FN: 0004270