BILL NUMBER: SB 1503 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Steinberg
(Principal coauthor: Assembly Member John A. Pérez)
( Coauthor: Senator Evans
)
( Coauthors: Assembly Members
Portantino and Williams )
FEBRUARY 24, 2012
An act to add Section 12318 to the Welfare and Institutions
Code, relating to in-home supportive services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1503, as amended, Steinberg. In-Home Supportive Services
program.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, administered by the State
Department of Social Services and the counties, under which
qualified aged, blind, and disabled persons are provided with
services to permit them to remain in their own homes and avoid
institutionalization. Existing law provides for the Medi-Cal
program, which is administered by the State Department of H
ealth Care Services and under which qualified low-income persons
receive health care benefits. The Medi-Cal program is, in part,
governed and funded by federal Medicaid provisions. Under the
Medi-Cal program, similar services are provided to eligible
individuals, with these services known as personal care option
services. Under existing law, home and facility care services that
are subject to Medi-Cal reimbursement include nursing facility care
services and home- or community-based care services, as specified.
This bill would require the Director of Social Services and the
Director of Health Care Services to convene a stakeholder group to
design a plan for the integration of long-term services and supports
programs, as prescribed.
This bill would state that it is the intent of the Legislature to
enact legislation that would integrate the IHSS program with other
long-term care services, including nursing facility care and
community-based services, to increase timely access to adequate
long-term care services and enhance care coordination across
long-term care settings.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1 . Section 12318 is added to
the Welfare and Institutions Code , to read:
12318. The Director of Social Services and the Director Health
Care Services shall convene a stakeholder group to design a plan for
the integration of long-term services and supports programs. Prior to
development of the plan, a process for receiving and including
consumer input shall be established. The plan shall, at least, do all
of the following:
(a) Build incentives into the health care delivery system so that
home- and community-based services become the first option for
long-term care. The plan shall specify that the purpose of these
incentives is to ensure that a person who is able to receive
long-term care at home shall receive it.
(b) Adopt coordinated care models that integrate the In-Home
Supportive Services (IHSS) program and other long-term services and
supports, including skilled nursing care, to ensure that consumer
needs are met across the entire spectrum of care. The plan shall
specify that the overall intent of this integration is to improve
consumer health and well-being, and to maximize the
cost-effectiveness of health care delivery to consumers.
(c) Maintain the key social model components of the IHSS program
and refocus the health care delivery system to include the social
model as a primary component of coordinated care delivery. The plan
shall maintain a consumer's right to hire, fire, and supervise his or
her home care provider or providers to the extent the consumer is
able. Consumers who elect to be a part of an integrated care plan
shall be authorized to participate on their own health care teams,
and shall be able to allow their home care providers to also be a
part of their health care teams.
(d) Ensure that home care providers have the tools they need to
help consumers manage chronic conditions and prevent additional
health care needs. This shall include access to adequate training
based on the wants and needs of the consumer.
(e) Specify that county social workers shall continue to assess
and reassess consumers to determine their care needs and the number
of care hours they shall receive.
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) The In-home Supportive Services (IHSS) program, as described
in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3
of Division 9 of the Welfare and Institutions Code, is an integral
component within California's long-term care delivery system.
(b) The IHSS program provides home-based care that is compatible
with the health condition, mental status, and long-term needs of each
consumer, and allows each consumer to safely remain at home.
(c) The IHSS program relies on providers who can meet a consumer's
supportive service and personal care service needs, as defined in
Section 12300 of the Welfare and Institutions Code, within each
consumer's home.
(d) The Legislature hereby declares its intent to enact
legislation that would integrate the IHSS program with other
long-term care services, including nursing facility care and
community-based services, in order to increase timely access to
adequate long-term care services and enhance care coordination across
long-term care settings. This integration shall preserve
consumer-directed care within the IHSS program that will allow
consumers to continue to hire, fire, and supervise their home care
providers when they are able.