BILL ANALYSIS
AB 16
Page 1
Date of Hearing: March 23, 1999
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Dion Aroner, Chair
AB 16 (Honda) - As Amended: March 18, 1999
SUBJECT : In-home supportive services
SUMMARY : Changes the state's share of cost for In Home
Supportive Services (IHSS) in counties with a public authority
or nonprofit consortium. Specifically, this bill :
1)Requires the state to share in the cost of services provided
by a public authority or nonprofit consortium at the same rate
as it pays for other forms of IHSS delivery.
2)Specifies that for the 1999-2000 fiscal year and all future
fiscal years, a county that:
a) increases wages and benefits for public authority,
nonprofit consortium, and contract employees, and
b) spends at least the amount it accrues in savings due to
the receipt of federal funding for IHSS share-of-cost
recipients
shall be reimbursed by the state for the remainder of the cost
of increased wages and benefits.
3)Exempts the wage increases necessary to meet federal or state
minimum wage requirements.
EXISTING LAW :
1)Establishes the IHSS program within the Department of Social
Services (DSS) to provide personal care services and domestic
assistance to eligible aged, blind, and disabled individuals
who would otherwise be unable to remain safely in their homes.
Provides services with no cost to SSI/SSP recipients.
Requires those with higher incomes to pay a share of the cost.
2)Authorizes counties to deliver IHSS through any of the
following modes of delivery, or a combination of these:
a) individual providers (IPs) hired by the recipient;
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b) private agencies under contract with the county; or
c) county social service staff.
3)Authorizes counties that use the IP mode to establish a public
authority or nonprofit consortium to administer the program
and requires them to:
a) operate a registry of IPs;
b) screen potential IPs;
c) provide for training of IPs and recipients; and
d) perform any other necessary functions.
4)Establishes the public authority or nonprofit consortium as
the employer of record for the purpose of collective
bargaining by individual providers.
5)Funds approximately 60 percent of the IHSS caseload through
the personal care option of the federal Medicaid program and
requires non-federal costs to be shared by the state and
county at a ratio of 65/35.
6)Specifies that any cost due to increased provider wages or
benefits negotiated by a county and a public authority or
nonprofit consortium shall be paid by the county, without any
state share, unless otherwise provided for in the annual
Budget Act.
FISCAL EFFECT : unknown
COMMENTS :
1)This bill is sponsored by IHSS Agenda '99, a coalition of 38
organizations representing seniors, disabled persons, and
labor organizations. The Coalition has met annually for the
last three years in order to identify common goals for
improving the IHSS program.
2)Public authorities have been established in San Mateo,
Alameda, San Francisco, Contra Costa, and Los Angeles
counties. A public authority is under consideration by
Sacramento County, pending further information regarding how
it will be funded. The Service Employees International Union
represents IHSS individual providers in the public authority
counties.
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3)Federal funds pay for only a portion of the IHSS program
because federal law prohibits the use of Medicaid funds to pay
providers who are family members. Prior to last year the
state also chose not to use Medicaid funds to pay for
"share-of-cost" recipients - those whose income is above the
SSI/SSP level and pay out-of-pocket for a portion of their
services. Last year, in the annual Budget Act, the
Legislature and Governor agreed to begin paying for the latter
group with Medicaid funds. This moved approximately 15,600
IHSS cases from state and county-only funding to 50 percent
federal funding, resulting in savings for both the state and
counties.
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REGISTERED SUPPORT / OPPOSITION :
Support
Addus Health Care (Clovis)
Adult and Aging Commission
Alzheimer's Association
American River College (Sacramento)
Bay Area and Western Paralyzed Veterans of America
Board of Supervisors of Santa Clara County
California Coalition of United Cerebral Palsy Associations
California Council of the Blind
California Retired Teachers Association
California State Association of Counties
California State Association of Counties
Congress of California Seniors
Contra Costa County Developmental Disabilities Council
County of Contra Costa
County of Sacramento Board of Supervisors
County of Santa Clara Board of Supervisors
Family Service Agency of San Mateo County
Foundation of Resources for Equality and Employment for the
Disabled
Foundation of Resources for Equality and Employment of the
Disabled
IHSS Public Authority (San Francisco)
IHSS Recipients & Providers Sharing (IRAPS)
Jay Nolan Community Services
LACES
Los Angeles Coalition for IHSS Reform
Older Womens League of California
Organization of Area Boards on Developmental Disabilities
Resources for Independent Living, Inc.
SEIU Local 415
SEIU Local 535
SEIU Local 616 Service Employees International Union
Senior Gleaners, Inc.
Senior Outreach Services of Contra Costa
The ARC San Francisco
World Institute on Disability
Opposition
AB 16
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None in file
Analysis Prepared by : Sherry Novick / HUM. S. / (916)319-2247