BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 878
Author: Senate Budget and Fiscal Review Committee
Amended: 8/27/14
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Budget Act of 2014: In-home supportive services
SOURCE : Author
DIGEST : This bill makes several changes to the content of the
In-Home Supportive Services (IHSS) prospective provider
orientation, including information related to IHSS federal
overtime regulations, and requires that all prospective
providers attend the IHSS orientation in person. This bill also
requires that any oral presentation and written materials
presented at the orientation be translated into all IHSS
threshold languages in the county. In addition, this bill
authorizes the recognized employee organization in the county to
make a presentation of up to 30 minutes at the orientation.
Assembly Amendments delete the Senate version of the bill, which
expressed legislative intent to enact statutory changes related
to the Budget Act of 2014, and instead add the current language.
ANALYSIS :
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This bill:
1. Adds to the list of required topics to be included
during the orientation: the federal and state requirements
regarding minimum wage and overtime pay, including paid
travel time and wait time, as it pertains to the
implementation of federal overtime regulations for IHSS.
2. Requires that no later than April 1, 2015, all of the
following apply:
The provider orientation must be an onsite
orientation that all prospective providers must attend in
person.
Prospective providers may attend the onsite
orientation only after completing the application for the
IHSS provider enrollment process described in state law.
Any oral presentation and written materials
presented at the orientation must be translated into the
four established IHSS threshold languages (English,
Spanish, Chinese, and Armenian).
Representatives of the recognized employee
organization in the county must be permitted to make a
presentation of up to 30 minutes at the orientation.
Prior to implementing the orientation requirements,
as proposed, counties must provide at least the level of
access to, and the ability to make presentations at,
provider orientations that they allowed the recognized
employee organization in the county as of September 1,
2014.
1.Provides that if the Commission on State Mandates determines
that this proposed law contains costs mandated by the state,
reimbursement to local agencies and school districts for those
costs must be made pursuant to state law.
Background
Existing law requires all prospective IHSS providers to complete
four steps in order to be enrolled as a provider. First, the
provider must complete an application, including information
about whether he/she has been convicted of a crime that bars
him/her from working as a provider. Second, the prospective
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provider must be fingerprinted and undergo a background check by
the California Department of Justice. Third, an individual must
attend a prospective provider orientation, usually held
in-person (using a video with materials and a facilitator),
and/or online for some counties. The IHSS Program Provider
Orientation must include all of the following information:
The requirements to be an eligible IHSS provider.
A description of the IHSS program.
The rules, regulations, and provider-related processes
and procedures, including timesheets.
The consequences of committing fraud in the IHSS
program.
The Medi-Cal toll-free telephone fraud hotline and
Internet Web site for reporting suspected fraud or abuse in
the provision or receipt of supportive services.
Lastly, the prospective provider must sign an enrollment
agreement, certifying that he/she understands and agrees to the
rules for working as an IHSS provider. The counties, or the
Public Authority, if delegated by the county, pay for the cost
of the prospective provider orientation.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
The bill appropriates $1,000 GF to the Department of Social
Services to implement the proposed law.
AL:nl 8/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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