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UDW Sponsored Measure
Passes Assembly Rules Committee
Assembly Concurrent Resolution 177 (ACR 177) the UDW sponsored measure by Assembly Member Mariko Yamada passed out of Assembly Rules Committee Thursday, August 5th. This measure recognizes the 20th Anniversary of the American with Disabilities Act (ADA) and recognizes IHSS as a cornerstone in the state’s compliance with the ADA. The official votes were posted Friday August 6th and were: 7 aye – 0 no – 4 abstain.
Votes by member:
Ayes: Asm. Skinner – D, Asm. Adams – R, Asm. Caballero – D, Asm. Gatto – D, Asm. Saldana – D, Asm. Silva – R, Asm. Torlakson –D
Abstentions: Asm. Gaines – R, Asm. Hagman – R, Asm. Hall – R, Asm. Mendoza – D
Three legislators spoke on the measure: Asm. Caballero spoke to the importance of the IHSS program because of its cost effectiveness and that it allows people to stay in their home. Asm. Silva referenced that he has always been a supporter of IHSS going back to his days as an Orange County Supervisor, but he says that he is concerned that there is fraud driving up the cost of the program. Asm. Gaines who originally voted no for the measure and then changed his vote to abstain, said that he is concerned that small business won’t survive if ADA doesn’t become more flexible. He also spoke about how he believes the IHSS program is too big and that it would be smaller if we had less fraud and that the state should require that the IHSS program to only serve people who are nursing home eligible.
UDW Bill to Prohibit Duplicate Background Checks
Passed by Senate Committee
June 29, 2010
AB 1763, a UDW-sponsored bill that would ensure that an IHSS provider is not required to repeat (and pay for) a background check if he or she is working in more than one county, was passed by the Senate Public Safety Committee on June 29 and heads to Senate Appropriations Committee. The bill, authored by Assemblymember Ted Lieu (Democrat – Torrance, 53rd Assembly District), passed out of the Assembly on June 3rd by a vote of 54 to 22.
AB 1763 is an “urgency” bill, meaning it would take effect immediately if passed by the Legislature and signed by the Governor. “Urgency” bills require 2/3rds approval in both the Assembly (54 votes out of the 80 members) and the State Senate (27 votes out of the 40 members).
The Legislation that Formed our Present IHSS System:
Assembly Bill 1682 (Honda, Villaraigosa, Shelley, Peace, Burton ) 1999 – required each county to establish an “IHSS Employer of Record” (resulting in the formation of the IHSS “Public Authorities” or PA’s) and guaranteeing IHSS home care workers in the State of California the right to collective bargaining. This bill also established that Advisory Committees/Boards be formed in each county, with consumer rights to majority representation and the right of consumers to train their own home care provider. UDW sponsored and won enactment for this bill.
UDW Current Legislative Report
Updated July 6, 2010
Also see UDW Legislative & Budget Report Card 2009
The following bills directly impact IHSS. Each bill below has the name of the state legislator that is sponsoring it in parenthesis after the bill number. “AB378 (Cook)” The AB designates an Assembly Bill and “SB” is for a Senate Bill, “ACR” stands for Assembly Concurrent Resolution and “SJR” for Senate Joint Resolution. The UDW position is stated clearly after the “votes cast,” and hearing dates are posted in case you live near Sacramento.
PLEASE CALL OR WRITE YOUR LEGISLATORS
IN SUPPORT OF OUR BILLS!
AB 378 (Cook): In-Home Supportive Services: provider training.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, the functions of a nonprofit consortium contracting with the county, or a public authority established for this purpose, include providing training for providers and recipients. This bill would require each public authority or nonprofit consortium, in consultation with its advisory committee and stakeholders, to develop training standards and core topics for the provided training .
Introduction Date: 02/23/2009
Last Amendment Date: 05/04/2009
Votes Cast:
07/13/2009 SEN. APPR. (Y:7 N:1 A:5) (P)
06/23/2009 SEN. HUMAN S. (Y:4 N:1 A:0) (P)
05/14/2009 ASM. FLOOR (Y:62 N:4 A:14) (P)
04/29/2009 ASM. APPR. (Y:11 N:5 A:0) (P)
04/14/2009 ASM. HUM. S. (Y:5 N:0 A:2) (P)
UDW Position: Sponsor
Hearing:
AB 682 (Lowenthal, Bonnie): In-Home Supportive Services program:fraud.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. This bill would, instead, require that the criminal background checks be conducted at the provider’s expense, unless the nonprofit consortium or public authority agrees to pay for the criminal background check in which case the department shall seek federal financial participation, to the extent possible, to cover costs associated with conducting the criminal background check. This bill contain other related provisions and other existing laws.
Introduction Date: 02/26/2009
Last Amendment Date: 09/03/2009
Votes Cast:
07/13/2009 SEN. APPR. (Y:12 N:0 A:1) (P)
06/23/2009 SEN. HUMAN S. (Y:4 N:1 A:0) (P)
06/03/2009 ASM. FLOOR (Y:49 N:28 A:3) (P)
05/28/2009 ASM. APPR. (Y:12 N:5 A:0) (P)
04/14/2009 ASM. HUM. S. (Y:4 N:2 A:1) (P)
UDW Position: Co-Sponsor
Hearing:
AB 1763 (Lieu): In-home supportive services.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. This bill would require the department, in consultation and coordination with county welfare departments, to establish guidelines to provide counties with instructions to consistently and accurately comply with the requirements of the IHSS program. This bill contains other related provisions and other existing laws.
Introduction Date:02/09/2010
Last Amendment Date: 04/08/2010
Votes Cast:
06/29/2010 SEN. PUB. S. (Y:5 N:1 A:1) (P)
06/22/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
06/03/2010 ASM. FLOOR (Y:54 N:22 A:4) (P)
05/28/2010 ASM. APPR. (Y:12 N:5 A:0) (P)
04/13/2010 ASM. HUM. S. (Y:4 N:0 A:2) (P)
UDW Position: Sponsor
Hearing:
AB 1924 (Strickland, Audra) : In-Home Supportive Services: fraud.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their home. The IHSS program is administered by counties under the general supervision and guidance of the State Department of Social Services. Existing law contains provisions relating to the duties of the State Department of Social Services, the State Department of Health Care Services, and the counties relating to IHSS fraud. This bill would delete the limitation on a county’s authority to investigate suspected fraud in connection with the provision or receipt of supportive services to overpayments of $500 or less. This bill contains other existing laws.
Introduction Date: 02/16/2010
Last Amendment Date:
Votes Cast:
UDW Position: Watch
Hearing:
AB 1970 (Fong): In-home supportive services providers: emergency shelter services.
Existing federal law provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance. This bill would authorize a county department of social services to make IHSS provider registries available during a federally declared state of emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator’s emergency shelter, as define d, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter . This bill contains other related provisions and other existing laws.
Introduction Date: 02/17/2010
Last Amendment Date: 04/05/2010
Votes Cast:
04/13/2010 ASM. HUM. S. (Y:4 N:1 A:1) (P)
UDW Position: Support
Hearing:
AB 2274 (Beall): In-Home Supportive Services program.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law allows a recipient who receives services through either a contract or a managed care provider, subject to program requirements, to select any qualified person, as defined, to provide care. This bill would also allow a person who receives services as part of an entity authorized by a specified waiver under the federal Social Security Act to select any qualified person to provide care.
Introduction Date: 02/18/2010
Last Amendment Date:
Votes Cast:
06/22/2010 SEN. HUMAN S. (Y:3 N:2 A:0) (P)
05/06/2010 ASM. FLOOR (Y:48 N:26 A:6) (P)
04/28/2010 ASM. APPR. (Y:10 N:5 A:2) (P)
04/13/2010 ASM. HUM. S. (Y:4 N:1 A:1) (P)
UDW Position: Support
Hearing:
AB 2374 (Nestande): In-Home Supportive Services: pilot project.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. This bill would, instead, require the pilot project to commence January 1,
2011, and would authorize the pilot project to be established in not more than 5 consenting counties . This bill contains other existing laws.
Introduction Date: 02/19/2010
Last Amendment Date: 04/05/2010
Votes Cast:
06/22/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
06/01/2010 ASM. FLOOR (Y:74 N:1 A:5) (P)
05/28/2010 ASM. APPR. (Y:17 N:0 A:0) (P)
04/13/2010 ASM. HUM. S. (Y:5 N:0 A:1) (P)
UDW Position: Watch
Hearing:
ACR 151 (Ma): In-Home Supportive Services.
This measure would declare the intent of the Legislature to ensure the preservation of home care services to the elderly, blind, and disabled through the In-Home Supportive Services program.
Introduction Date: 04/07/2010
Last Amendment Date:
Vote Cast:
05/11/2010 ASM. HUM. S. (Y:4 N:2 A:0) (P)
UDW Position: Sponsor
Hearing:
ACR 163 (V. Manuel Perez): Domestic worker rights.
This measure would encourage greater protections in federal and state law for domestic workers.
Introduction Date:
04/28/2010 Last Amendment Date:
06/16/2010
Votes Cast:
06/23/2010 ASM. L. & E. (Y:4 N:0 A:3) (P)
UDW Position: Support
Hearing:
ACR 177 (Yamada): 20th Anniversary of the Americans with Disabilities Act.
This measure would recognize July 26, 2010, as the 20th anniversary of the Americans with Disabilities Act and recommit the Legislature to efforts to reach full compliance with that act.
Introduction Date:
06/24/2010 Last Amendment Date:
Votes Cast:
UDW Position: Sponsor
Hearing:
SB 38 (Alquist): Emergency services: seniors.
Existing law authorizes use of the federally designated Emergency Alert System to inform the public of local, state, and national emergencies. This bill would require , on or before January 1, 2011, the Department of the California Highway Patrol, in consultation with the Department of Justice , the California Emergency Management Agency, the California State Emergency Communications Committee, the California Broadcasters Association, the California Peace Officers’ Association, the California Police Chiefs Association, and the California State Sheriffs’ Association, to develop policies and procedures providing instruction to law enforcement agencies, other intermediate emergency agencies, participating radio and television broadcasters, and other media outlets on the implementation of missing senior person alert. The bill would require the Department of the California Highway Patrol to incorporate appropriate aler measures in developing t hese policies and procedures . This bill contains other related provisions and other existing laws.
Introduction Date:12/22/2008
Last Amendment Date: 05/28/2009
Votes Cast:
06/23/2009 ASM. PUB. S. (Y:7 N:0 A:0) (P)
06/01/2009 SEN. FLOOR (Y:25 N:9 A:6) (P)
05/28/2009 SEN. APPR. (Y:8 N:3 A:2) (P)
05/11/2009 SEN. APPR. (Y:13 N:0 A:0) (P)
04/21/2009 SEN. PUB. S. (Y:5 N:0 A:2) (P)
UDW Position: Support
Hearing:
SB 141 (Maldonado): In-home supportive services: provider timesheets.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. This bill would require the standardized provider timesheet used to track the work performed by providers of services under this chapter to contain a legal certification, to be signed by the provider and recipient, verifying that the information provided in the timesheet is true and correct. The bill would authorize, in addition to other criminal penalties, the imposition of a specified civil penalty against a person who is convicted of fraud, as defined, resulting from intentional deception or misrepresentation in the provision of timesheet information under the IHSS program . This bill contains other existing laws.
Introduction Date:02/11/2009
Last Amendment Date: 07/06/2009
Votes Cast:
06/30/2009 ASM. HUM. S. (Y:7 N:0 A:0) (P)
05/28/2009 SEN. FLOOR (Y:29 N:1 A:10) (P)
04/28/2009 SEN. HUMAN S. (Y:5 N:0 A:0) (P)
UDW Position: Support
Hearing:
SB 142 (Maldonado): In-home supportive services: provider timesheets.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. This bill would require the department, on or before December 31, 2011, to develop procedures to ensure that an IHSS provider receives a list specifying the approved duties to be performed for each recipient under the provider’s care and a complete list of supportive service tasks available under the IHSS program . This bill contains other existing laws.
Introduction Date: 02/11/2009
Last Amendment Date: 07/06/2009
Votes Cast:
06/30/2009 ASM. HUM. S. (Y:6 N:0 A:1) (P)
06/01/2009 SEN. FLOOR (Y:32 N:1 A:7) (P)
04/28/2009 SEN. HUMAN S. (Y:5 N:0 A:0) (P)
UDW Position: Support
Hearing:
SB 886 (Florez): In-home supportive services providers: electronic timekeeping.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Counties are responsible for administering the program. This bill would authorize a county human services department responsible for administering specified in-home services, at its option, to use electronic timekeeping, as defined, for purposes of verifying hours completed for in-home recipients, as defined. The bill would authorize a provider of the specified services to retain the option of using paper timesheets, as specified. This bill contains other related provisions and other existing laws.Introduction Date: 01/19/2010
Last Amendment Date: 06/23/2010
Votes Cast:
06/15/2010 ASM. HUM. S. (Y:4 N:1 A:1) (P)
04/22/2010 SEN. FLOOR (Y:28 N:1 A:11) (P)
03/23/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
UDW Position: Watch
Hearing:
SB 891 (Liu): In-Home Supportive Services: needs assessment.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes . This bill would require the department and the State Department of Health Care Services to jointly convene a stakeholder review process, as specified, to obtain information and comments regarding imposition of a tax on payments received by in-home care providers , or entities that arrange for the provision of that care, and the potential for increased federal financial participation as a result of these tax revenues, and alternatives to the state’s methodology for deriving a functional index score for IHSS consumers. This bill contains other related provisions and other existing laws.
Introduction Date: 01/25/2010
Last Amendment Date: 05/18/2010
Votes Cast:
05/24/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
04/13/2010 SEN. HUMAN S. (Y:3 N:1 A:1) (P)
UDW Position: Support
Hearing:
SB 998 (Liu): Long-term care: assessment and planning.
Existing law provides for the licensure of various health facilities, including general acute care hospitals , skilled nursing facilities, and intermediate care facilities, and congregate living health facilities by the State Department of Public Health. Certain of these facilities are included under the category of long-term health car e facilities, as defined. A violation of these provisions is a crime. Existing law requires each hospital to have in effect a written discharge planning policy and process that requires appropriate arrangements for posthospital care and a process that requires that each patient be informed, orally or in writing, of the continuing care requirements following discharge from the hospital, as specified and additionally requires specific information to be provided to a patient anticipated to be in need of posthospital care. This bill would require the hospital to provide the information given to a patients anticipated to need posthospital care both orally and in writing to the patient and, if necessary, to his or her representative, at the earliest possible opportunity prior to discharge. By changing the definition of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
Introduction Date: 02/09/2010
Last Amendment Date: 04/05/2010
Votes Cast:
05/03/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
04/14/2010 SEN. HEALTH (Y:6 N:3 A:0) (P)
UDW Position: Watch
Hearing:
SJR 35 (Corbett): The Americans With Disabilities Act Of 1990
This measure would commemorate the 20th anniversary of the federal Americans with Disabilities Act of 1990, encourage all Californians to recognize and celebrate the important historical significance of the act, and reaffirm the Legislature’s commitment to, and urge Congress to reaffirm its commitment to, the civil and constitutional rights of Americans with disabilities.
Introduction Date:
06/30/2010 Last Amendment Date:
Votes Cast:
UDW Position: Support
Hearing:
