AB 1703, as amended, Hall. In-home supportive services: reading services for blind and visually impaired recipients.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, or by or through contract by the county, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Under existing law, county welfare departments are required to provide visually impaired applicants and recipients with information on, and referral services to, entities that provide reading services to visually impaired persons. Existing law defines “supportive services” for purposes of the IHSS program.
This bill would include within the definition of supportive servicesbegin delete designated reading assistance services toend deletebegin insert assistance in reading and completing financial and other documents essential for completing activities of daily living forend insert a recipient of services under the IHSS program who is blind or visually impaired, or who has another disability thatbegin delete affectsend deletebegin insert significantly impairsend insert his or her ability to read. By expanding the scope of available services under the IHSS program, this bill would impose a state-mandated local program.
The bill would also require the Director of Health Care Services to seek any federal approvals necessary to ensure that Medicaid funds may be used in implementing this provision.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 12300 of the Welfare and Institutions
2Code is amended to read:
(a) The purpose of this article is to provide in every
4county in a manner consistent with this chapter and the annual
5Budget Act those supportive services identified in this section to
6aged, blind, or disabled persons, as defined under this chapter,
7who are unable to perform the services themselves and who cannot
8safely remain in their homes or abodes of their own choosing unless
9these services are provided.
10(b) Supportive services shall include domestic services and
11services related to domestic services, heavy cleaning, personal
12care services, accompaniment by a provider when needed during
13necessary travel to health-related appointments or to alternative
14resource
sites, yard hazard abatement, protective supervision,
15teaching and demonstration directed at reducing the need for other
16supportive services, paramedical services that make it possible for
17the recipient to establish and maintain an independent living
18arrangement, and assistance in reading and completing financial
19and other documentsbegin insert essential for completing activities of daily
P3 1livingend insert for a recipient who is blind or visually impaired, or who has
2another disability that begin deleteaffects end deletebegin insertsignificantly impairs end inserthis or her ability
3to read.
4(c) Personal care services shall mean all of the following:
5(1) Assistance with ambulation.
6(2) Bathing, oral hygiene, and grooming.
7(3) Dressing.
8(4) Care and assistance with prosthetic devices.
9(5) Bowel, bladder, and menstrual care.
10(6) Repositioning, skin care, range of motion exercises, and
11transfers.
12(7) Feeding and assurance of adequate fluid intake.
13(8) Respiration.
14(9) Assistance with self-administration of medications.
15(d) Personal care services are available if these services are
16provided in the beneficiary’s home and other locations as may be
17authorized by the director. Among the locations that may be
18authorized by the director under this paragraph is the recipient’s
19place of employment if all of the following conditions are met:
20(1) The personal care services are limited to those that are
21currently authorized for a recipient in the recipient’s home and
22those services are to be utilized by the recipient at the recipient’s
23place of employment to enable the recipient to obtain, retain, or
24return to work. Authorized services utilized by the recipient at the
25recipient’s place of employment shall be services that are relevant
26and necessary in supporting and maintaining employment.
27However,
workplace services shall not be used to supplant any
28reasonable accommodations required of an employer by the
29Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.;
30ADA) or other legal entitlements or third-party obligations.
31(2) The provision of personal care services at the recipient’s
32place of employment shall be authorized only to the extent that
33the total hours utilized at the workplace are within the total personal
34care services hours authorized for the recipient in the home.
35Additional personal care services hours may not be authorized in
36connection with a recipient’s employment.
37(e) begin deleteWhen end deletebegin insertIf end insertsupportive
services are provided by a personbegin delete havingend delete
38begin insert who hasend insert the legal duty pursuant to the Family Code to provide for
39the care of his or her child who is the recipient, the provider of
40supportive services shall receive remuneration for the services
P4 1only when the provider leaves full-time employment or is prevented
2from obtaining full-time employment because no other suitable
3provider is available andbegin delete whenend deletebegin insert ifend insert the inability of the provider to
4provide supportive services may result in inappropriate placement
5or inadequate care.
6These providers shall be paid only for the following:
7(1) Services related to domestic services.
8(2) Personal care services.
9(3) Accompaniment by a provider when needed during necessary
10travel to health-related appointments or to alternative resource
11sites.
12(4) Protective supervision only as needed because of the
13functional limitations of the child.
14(5) Paramedical services.
15(f) To encourage maximum voluntary services, so as to reduce
16governmental costs, respite care shall also be provided. Respite
17care is temporary or periodic service for eligible
recipients to
18relieve persons who are providing care without compensation.
19(g) A person who is eligible to receive a service or services
20under an approved federal waiver authorized pursuant to Section
2114132.951, or a person who is eligible to receive a service or
22services authorized pursuant to Section 14132.95, shall not be
23eligible to receive the same service or services pursuant to this
24article. In the event that the waiver authorized pursuant to Section
2514132.951, as approved by the federal government, does not extend
26eligibility to all persons otherwise eligible for services under this
27article, or does not cover a service or particular services, or does
28not cover the scope of a service that a person would otherwise be
29eligible to receive under this article, those persons who are not
30eligible for services, or for a particular service
under the waiver
31or Section 14132.95 shall be eligible for services under this article.
32(h) (1) All services provided pursuant to this article shall be
33equal in amount, scope, and duration to the same services provided
34pursuant to Section 14132.95, including any adjustments that may
35be made to those services pursuant to subdivision (e) of Section
3614132.95.
37(2) Notwithstanding any other provision of this article, the rate
38of reimbursement for in-home supportive services provided through
39any mode of service shall not exceed the rate of reimbursement
40established under subdivision (j) of Section 14132.95 for the same
P5 1mode of service unless otherwise provided in the annual Budget
2Act.
3(3) The
maximum number of hours available under Section
414132.95, Section 14132.951, and this section, combined, shall
5be 283 hours per month. Any recipient of services under this article
6shall receive no more than the applicable maximum specified in
7Section 12303.4.
8(i) The Director of Health Care Services shall seek any federal
9approvals necessary to ensure that Medicaid funds may be used
10in implementing the amendments to this section made by the act
11adding this subdivision.
If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.
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