California Legislature—2013–14 Regular Session

Assembly Bill No. 2556

Introduced by Assembly Members Chau and Lowenthal

February 21, 2014

An act to amend Sections 1796.38, 1796.45, 1796.47, 1796.48, 1796.49, 1796.61, and 1796.63 of the Health and Safety Code, relating to home care organizations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2556, as introduced, Chau. Home care organizations.

Existing law, the Home Care Services Consumer Protection Act, provides, on and after January 1, 2015, for the licensure and regulation of home care organizations by the State Department of Social Services and the registration of home care aides. Existing law creates the Home Care Fund to fund the administration of the act, which consists of all licensure and registration fees authorized by the act.

This bill would delay implementation of the this act until January 1, 2016.

Existing law requires that the department post proposed rules promulgated under the act on its Internet Web site no earlier than 10 calendar days prior to the effective date of the proposed rule.

This bill would require that the proposed rules be posted on the department’s Internet Web site no later than 90 calendar days prior to the rule’s effective date.

Existing law prohibits the cost to check criminal offender records from being used to subsidize the department checking the criminal history of other persons who are not charged a fee.

This bill would remove this prohibition.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1796.38 of the Health and Safety Code
is amended to read:

1796.38.  

The department may issue a home care organization
license to an individual or other entity that satisfies all of the
requirements set forth in this chapter, including all of the following:

(a) Files a home care organization application, including the
fees required pursuant to Section 1796.49.

(b) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.

(c) Submits proof of a valid workers’ compensation policy
covering its affiliated home care aides. The proof shall consist of
the policy number, the effective and expiration dates of the policy,
and the name and address of the policy carrier.

(d) Provides the department, upon request, with a complete list
of its affiliated home care aides, and proof that each satisfies the
requirements of Section begin delete 1796.43. end delete begin insert 1796.34. end insert

(e) The owner or owners of the home care organization pass a
background examination, as required pursuant to Section 1796.34.

(f) The applicant does not have any outstanding fees or civil
penalties due to the department.

SEC. 2.  

Section 1796.45 of the Health and Safety Code is
amended to read:

1796.45.  

(a) An individual hired to be an affiliated home care
aide on or after January 1, begin delete 2015, end delete begin insert 2016, end insert shall begin delete be submitted end delete begin insert submit end insert
to an examination 90 days prior to employment or within seven
days after employment to determine that the individual is free of
active tuberculosis disease.

(b) For purposes of this section, “examination” means a test for
tuberculosis infection that is recommended by the federal Centers
for Disease Control and Prevention (CDC) and that is licensed by
the federal Food and Drug Administration (FDA) and, if that test
is positive, an X-ray of the lungs. The aide shall not work as an
affiliated home care aide unless he or she obtains documentation
from a licensed medical professional that there is no risk of
spreading the disease.

(c) An affiliated home care aide whose employment with a home
care organization began before January 1, begin delete 2015, end delete begin insert 2016, end insert shall submit
to the examination described in subdivision (a) before July 1, begin delete 2015. end delete
begin insert 2016. end insert

(d) After submitting to an examination, an affiliated home care
aide whose test for tuberculosis infection is negative shall be
required to undergo an examination at least once every two years.
Once an affiliated home care aide has a documented positive test
for tuberculosis infection that has been followed by an X-ray, the
examination is no longer required.

(e) After the examination, an affiliated home care aide shall
submit, and the home care organization shall keep on file, a
certificate from the examining practitioner showing that the
affiliated home care aide was examined and found free from active
tuberculosis disease.

(f) The examination is a condition of initial and continuing
employment with the home care organization. The affiliated home
care aide shall pay the cost of the examination.

(g) An affiliated home care aide who transfers employment
from one home care organization to another shall be deemed to
meet the requirements of subdivision (a) or (c) if the affiliated
home care aide can produce a certificate showing that he or she
submitted to the examination within the past two years and was
found to be free of active tuberculosis disease, or if it is verified
by the home care organization previously employing him or her
that it has a certificate on file that contains that showing.

SEC. 3.  

Section 1796.47 of the Health and Safety Code is
amended to read:

1796.47.  

(a) (1) Administration of this program shall be fully
supported by fees and not civil penalties. Initial costs to implement
this chapter may be provided through a General Fund loan that is
to be repaid in accordance with a schedule provided by the
Department of Finance. The department shall assess fees for home
care organization licensure, and home care aide registration related
to activities authorized by this chapter. The department may adjust
fees as necessary to fully support the administration of this chapter.
Except for General Fund moneys that are otherwise transferred or
appropriated for the initial costs of administering this chapter, or
penalties collected pursuant to this chapter that are appropriated
by the Legislature for the purposes of this chapter, no General
Fund moneys shall be used for any purpose under this chapter.

(2) A portion of moneys collected in the administration of this
chapter, as designated by the department, may be used for
community outreach consistent with this chapter.

(b) The Home Care Fund is hereby created within the State
Treasury for the purpose of this chapter. All licensure and
registration fees authorized by this begin delete chapter end delete begin insert section end insert shall be
deposited into the Home Care Fund. Moneys in this fund shall,
upon appropriation by the Legislature, be made available to the
department for purposes of administering this chapter.

SEC. 4.  

Section 1796.48 of the Health and Safety Code is
amended to read:

1796.48.  

(a) The department may charge an application and
renewal fee to become a registered home care aide and to renew
a registered home care aide’s registration.

(b) The maximum fee shall not exceed the total actual costs,
which include, but are not limited to, of all of the following:

(1) The searches for criminal offender records performed by
the Department of Justice. begin delete The cost to check the criminal offender
records shall not subsidize the cost to check the criminal history
of other persons by the department who are not charged a fee by
the Department of Justice. end delete

(2) The cost incurred by the Department of Justice for the
searches of the records of the Federal Bureau of Investigation.

(3) The cost to the department to process the applications and
maintain the home care aide registry and perform the duties
required by this chapter and any rules and regulations promulgated
under this chapter.

(c) The fees collected shall be deposited into the Home Care
Fund pursuant to subdivision (b) of Section 1796.47 begin insert , with the
exception of fingerprint fees collected pursuant to Section 1796.23,
which shall be deposited into the Fingerprint Fees Account
described in Section 11105 of the Penal Code end insert .

SEC. 5.  

Section 1796.49 of the Health and Safety Code is
amended to read:

1796.49.  

(a) A home care organization licensee shall pay the
following fees:

(1) A 24-month initial license fee, as prescribed by the
department, for a new home care organization licensee not currently
licensed to provide home care services in the state.

(2) Two-year renewal fee, as determined by the department,
based on the number of full-time equivalents (FTEs), including
paid personnel or contractors needed to oversee the enforcement
of this chapter.

(3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.

(b) The fees collected begin insert pursuant to this section end insert shall be deposited
into the Home Care Fund pursuant to subdivision (b) of Section
1796.47.

SEC. 6.  

Section 1796.61 of the Health and Safety Code is
amended to read:

1796.61.  

This chapter shall become operative on January 1,
begin delete 2015. end delete begin insert 2016. end insert

SEC. 7.  

Section 1796.63 of the Health and Safety Code is
amended to read:

1796.63.  

The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340)
of the Government Code, any reasonable rules, regulations, and
standards as may be necessary or proper to carry out the purpose
and intent of this chapter and to enable the department to exercise
the powers and perform the duties conferred upon it by this chapter,
not inconsistent with any of the provisions of any statute of this
state. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement and administer this chapter
through written directives, without taking regulatory action, subject
to the limitations provided in subdivision (b).

(a) The department shall post any proposed rules promulgated
under this section on its public Internet Web site no begin delete earlier end delete begin insert later end insert
than begin delete 10 end delete begin insert 90 end insert calendar days prior to the effective date of the proposed
rule, which shall also include notification to the public regarding
how members of the public may comment, including the date on
which those comment must be received in order to be considered
by the department.

(b) The department’s authority to implement and administer
this section through written directives shall expire no later than 12
months after the written directives are promulgated and posted on
a public Internet Web site, or upon the effective date of regulations
promulgated in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), whichever occurs
sooner.