AB 1863, as introduced, Jones. Home Care Services Consumer Protection Act.
Existing law establishes the Home Care Services Consumer Protection Act (the act), which provides, on and after January 1, 2015, for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and for the registration of home care aides. Existing law requires background clearances for home care aides and home care organizations, as specified. Existing law authorizes any individual that possesses, among other things, a valid Alien Registration Card, and who has submitted an application, to initiate a background examination to be either a registered home care aide or to be a licensed home care organization.
This bill would authorize any individual that possesses either a valid Alien Registration Receipt Card or valid Permanent Resident Card to initiate a background examination to be either a registered home care aide or to be a licensed home care organization.
Existing law requires the State Department of Social Services to post any proposed regulations promulgated for purposes of implementing the act on its public Internet Web site no earlier than 10 calendar days prior to the effective date of the proposed rule, as specified.
This bill would instead require the State Department of Social Services to post any proposed regulations promulgated on its public Internet Web site no later than 90 calendar days prior to the effective date of the proposed rule, as specified.
This bill would also correct an erroneous cross-reference.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1796.22 of the Health and Safety Code
2 is amended to read:
Any individual who has submitted an application and
4who possesses any one of the following identification cards may
5initiate a background examination to be a registered home care
6aide:
7(a) A valid California driver’s license.
8(b) A valid identification card issued by the Department of
9Motor Vehicles.
10(c) A valid Alien Registrationbegin insert Receiptend insert Cardbegin insert or valid Permanent
11Resident Cardend insert.
12(d) In the case of a person living in a state other than California,
13a valid numbered photo identification card issued by an agency of
14the state other than California.
Section 1796.33 of the Health and Safety Code is
16amended to read:
Any individual who has submitted an application and
18who possesses any one of the following identification cards may
19initiate a background examination to be a licensed home care
20organization:
21(a) A valid California driver’s license.
22(b) A valid identification card issued by the Department of
23Motor Vehicles.
24(c) A valid Alien Registrationbegin insert Receiptend insert Cardbegin insert or valid Permanent
25Resident Cardend insert.
26(d) In the case of a person living in a state other than California,
27a valid numbered photo identification card issued by an agency of
28the state other than California.
Section 1796.38 of the Health and Safety Code is
30amended to read:
The department may issue a home care organization
2license to an individual or other entity that satisfies all of the
3requirements set forth in this chapter, including all of the following:
4(a) Files a home care organization application, including the
5fees required pursuant to Section 1796.49.
6(b) Submits proof of general and professional liability insurance
7in the amount of at least one million dollars ($1,000,000) per
8occurrence and three million dollars ($3,000,000) in the aggregate.
9(c) Submits proof of a valid workers’ compensation policy
10covering its affiliated home care aides. The proof shall consist of
11the policy number, the effective and expiration
dates of the policy,
12and the name and address of the policy carrier.
13(d) Provides the department, upon request, with a complete list
14of its affiliated home care aides, and proof that each satisfies the
15requirements of Sectionbegin delete 1796.43end deletebegin insert 1796.34end insert.
16(e) The owner or owners of the home care organization pass a
17background examination, as required pursuant to Section 1796.34.
18(f) The applicant does not have any outstanding fees or civil
19penalties due to the department.
Section 1796.63 of the Health and Safety Code is
21amended to read:
The department shall adopt, amend, or repeal, in
23accordance with Chapter 3.5 (commencing with Section 11340)
24of the Government Code, any reasonable rules, regulations, and
25standards as may be necessary or proper to carry out the purpose
26and intent of this chapter and to enable the department to exercise
27the powers and perform the duties conferred upon it by this chapter,
28not inconsistent with any of the provisions of any statute of this
29state. Notwithstanding the rulemaking provisions of the
30Administrative Procedure Act (Chapter 3.5 (commencing with
31Section 11340) of Part 1 of Division 3 of Title 2 of the Government
32Code), the department may implement and administer this chapter
33through written directives, without taking regulatory action, subject
34to the limitations provided in subdivision (b).
35(a) The department shall post any proposed rules promulgated
36under this section on its public Internet Web site nobegin delete earlierend deletebegin insert laterend insert
37 thanbegin delete 10end deletebegin insert 90end insert calendar days prior to the effective date of the proposed
38rule, which shall also include notification to the public regarding
39how members of the public may comment, including the date on
P4 1which those comment must be received in order to be considered
2by the department.
3(b) The department’s authority to implement and administer
4this section through written directives shall expire no later than 12
5months after the
written directives are promulgated and posted on
6a public Internet Web site, or upon the effective date of regulations
7promulgated in accordance with the Administrative Procedure Act
8(Chapter 3.5 (commencing with Section 11340) of Part 1 of
9Division 3 of Title 2 of the Government Code), whichever occurs
10sooner.
O
99