BILL NUMBER: AB 112 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2013
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell,
Mullin, Muratsuchi, Nazarian, Rendon, Stone, and Ting)
JANUARY 10, 2013
An act to amend Sections 12306.1 and 12309 of, to add
Sections 12301.01, 12301.02, 12301.03, 12301.04, and 12301.05 to, and
to repeal Sections 12301.07 and 12309.2 of, the Welfare and
Institutions Code, relating to the Budget Act of 2013
public social services, and making an appropriation
therefor, to take effect immediately, bill related to the budget
.
LEGISLATIVE COUNSEL'S DIGEST
AB 112, as amended, Committee on Budget. Budget Act of
2013. 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 to permit them
to remain in their own homes and avoid institutionalization.
Existing law requires the State Department of Social Services to
implement, under specified circumstances, a 20% reduction in
authorized hours of service to each IHSS recipient, beginning January
1, 2012, except as specified.
This bill would delete those provisions.
Existing law requires the department, until July 1, 2013, to
implement a 3.6% reduction in authorized hours of service to each
IHSS recipient, as specified.
This bill would require the department, from July 1, 2013, to June
30, 2014, inclusive, to implement an 8% reduction in authorized
hours of service to each IHSS recipient, as specified. The bill would
authorize a county to administratively deny a request for
reassessment based only on that reduction. The bill would require a
specified notice to be mailed to the recipient at least 10 days
before the reduction goes into effect. The bill would also require
the department, beginning July 1, 2014, to implement a 7% reduction
in authorized hours of service to each IHSS recipient, as specified.
The bill would require a specified notice to be mailed to the
recipient at least 20 days before the reduction goes into effect.
This bill would state the intent of the Legislature to authorize
an assessment on home care services, including, but not limited to,
home health care and in-home supportive services. This bill would
require the Director of Finance, within 30 days after receipt of
specified certification from the State Department of Health Care
Services, to, among other things, estimate the total amount of
additional funding that would be derived from that assessment for the
next fiscal year and calculate, as a percentage, the amount by which
the 7% reduction in authorized hours of service for each IHSS
recipient is offset by General Fund savings from that assessment. The
bill would require the department to perform these activities for
the fiscal year that the certification is received and the following
fiscal year, and on or before May 14, prior to the 3rd fiscal year
after the certification is received. This bill would require the 7%
reduction in authorized hours of services to be mitigated by the
percentage offset determined by the Director of Finance, as
specified. The bill would provide for these provisions to become
operative only upon certification by the State Department of Health
Care Services that any necessary federal approvals have been
obtained.
This bill would create the In-Home Supportive Services
Reinvestment Fund, a continuously appropriated fund, to receive
moneys to the extent that the assessment is implemented
retroactively, and use those moneys to provide goods or services for
one-time direct reinvestments benefiting IHSS recipients, as
prescribed. This bill would require the Legislature to approve the
initial allocation of moneys from the fund in the annual Budget Act
or other legislation. This bill would authorize, under certain
circumstances, the amount available for expenditure for this purpose
if specified notice is provided to the Legislature.
Existing law authorizes a county board of supervisors to elect to
contract with a nonprofit consortium to provide for the delivery of
IHSS or to establish a public authority to provide for the delivery
of IHSS. Under existing law, the state is required to pay 65%, and
the county 35%, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium, as
specified. Existing law, operative July 1, 2009, requires the state
to participate in those wage and benefit increases in a total cost of
wages up to $9.50 per hour and in individual health benefits up to
$0.60 per hour. Existing law provides that those provisions
establishing those rates of participation shall not be implemented
until July 1, 2012, and shall only be implemented if specified
conditions are met.
This bill would delete those latter provisions.
Under existing law, the department is required to develop a
uniform needs assessment tool to assure that IHSS are delivered in
all counties in a uniform manner. Existing law requires the uniform
needs assessment tool to evaluate the recipient's functioning in
activities of daily living and instrumental activities of daily
living and quantifies the recipient's functioning ranks using a
general 5-point scale for ranking each function, as specified. Under
existing law, beginning September 1, 2009, only individuals who are
ranked at a 4 or 5 in the activity of daily living relating to a
domestic or related service are eligible for that service, except as
specified.
This bill would delete those latter provisions.
Under existing law, beginning September 1, 2009, eligibility for
IHSS shall also include functional index scores, which are assigned
to a recipient as a weighted average based on his or her individual
functional index rankings. Existing law, except as specified,
provides that individuals with certain functional index scores are
not eligible for IHSS.
This bill would delete those provisions.
The bill would appropriate $1,000 from the General Fund to the
State Department of Social Services for its administrative costs
during the 2013-14 fiscal year.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12301.01 is added to the
Welfare and Institutions Code , to read:
12301.01. (a) (1) Notwithstanding any other law, except as
provided in subdivision (d), the department shall implement an 8
percent reduction in hours of service to each recipient of services
under this article, which shall be applied to the recipient's hours
as authorized pursuant to the most recent assessment. This reduction
shall become effective July 1, 2013. This reduction shall be
effective for 12 months. The reduction required by this section shall
not preclude any reassessment to which a recipient would otherwise
be entitled. However, hours authorized pursuant to a reassessment
shall be subject to the 8 percent reduction required by this section.
(2) A request for reassessment based only on the reduction
required in paragraph (1) may be administratively denied by the
county.
(3) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
(4) For those individuals who have a documented unmet need,
excluding protective supervision because of the limitations on
authorized hours under Section 12303.4, the reduction shall be taken
first from the documented unmet need.
(b) The reduction in hours of service pursuant to paragraph (1) of
subdivision (a) shall cease to be implemented 12 months after the
reduction takes effect.
(c) The notice of action informing the recipient of the reduction
pursuant to subdivision (a) shall be mailed at least 10 days prior to
the reduction going into effect. The notice of action shall be
understandable to the recipient and translated into all languages
spoken by a substantial number of the public served by the In-Home
Supportive Services Program, in accordance with Section 7295.2 of the
Government Code. The notice shall not contain any recipient
financial or confidential identifying information other than the
recipient's name, address, and Case Management Information and
Payroll System (CMIPS) client identification number, and shall
include, but not be limited to, all of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to subdivision (a) and the aggregate number of authorized
hours after the reduction.
(2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
(3) A county shall assess a recipient's need for supportive
services any time that the recipient notifies the county of a need to
adjust the supportive services hours authorized, or when there are
other indications or expectations of a change in circumstances
affecting the recipient's need for supportive services. Counties
shall not require recipients to submit a medical certification form
or a doctor's note to show evidence of a change in the recipient's
circumstances.
(d) A recipient shall have all appeal rights otherwise provided
for under Chapter 7 (commencing with Section 10950) of Part 2.
SEC. 2. Section 12301.02 is added to the
Welfare and Institutions Code , to read:
12301.02. (a) (1) Notwithstanding any other law, except as
provided in subdivision (c), the department shall implement a 7
percent reduction in hours of service to each recipient of services
under this article, which shall be applied to the recipient's hours
as authorized pursuant to the most recent assessment. This reduction
shall become effective 12 months after the implementation of the
reduction set forth in Section 12301.01. The reduction required by
this section shall not preclude any reassessment to which a recipient
would otherwise be entitled. However, hours authorized pursuant to a
reassessment shall be subject to the 7 percent reduction required by
this section.
(2) A request for reassessment based only on the reduction
required in paragraph (1) may be administratively denied by the
county.
(3) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
(4) For those individuals who have a documented unmet need,
excluding protective supervision because of the limitations on
authorized hours under Section 12303.4, the reduction shall be taken
first from the documented unmet need.
(b) The notice of action informing the recipient of the reduction
pursuant to subdivision (a) shall be mailed at least 20 days prior to
the reduction going into effect. The notice of action shall be
understandable to the recipient and translated into all languages
spoken by a substantial number of the public served by the In-Home
Supportive Services Program, in accordance with Section 7295.2 of the
Government Code. The notice shall not contain any recipient
financial or confidential identifying information other than the
recipient's name, address, and Case Management Information and
Payroll System (CMIPS) client identification number, and shall
include, but not be limited to, all of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to subdivision (a) and the aggregate number of authorized
hours after the reduction.
(2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
(3) A county shall assess a recipient's need for supportive
services any time that the recipient notifies the county of a need to
adjust the supportive services hours authorized, or when there are
other indications or expectations of a change in circumstances
affecting the recipient's need for supportive services. Counties
shall not require recipients to submit a medical certification form
or a doctor's note to show evidence of a change in the recipient's
circumstances.
(c) A recipient shall have all appeal rights otherwise provided
for under Chapter 7 (commencing with Section 10950) of Part 2.
(d) The reduction specified in paragraph (1) of subdivision (a)
shall be ongoing and may be adjusted pursuant to Section 12301.03.
SEC. 3. Section 12301.03 is added to the
Welfare and Institutions Code , to read:
12301.03. (a) It is the intent of this section to offset the
reductions described in Section 12301.02 to the extent that an
assessment as described in Section 12301.05 provides General Fund
savings. This section shall become operative only upon certification
by the State Department of Health Care Services that any necessary
federal approvals to implement the assessment referenced in Section
12301.05 have been obtained. This certification shall be provided
promptly to the Joint Legislative Budget Committee and the Department
of Finance.
(b) Within 30 days after receipt of the certification described in
subdivision (a), the Director of Finance shall perform the
obligations described in this subdivision for the fiscal year in
which the certification is received and for the following fiscal
year. Specifically, the Director of Finance shall do the following:
(1) Estimate the total amount of additional funding, less refunds,
that will be derived from the assessment for the next fiscal year.
(2) Estimate the amount of the total revenues, if any, that are
attributable to any permitted retroactive implementation of the
assessment.
(3) Estimate the amount of the total General Fund savings
generated by the assessment revenues that remain after taking into
account reductions such as the revenues attributable to any
retroactive application of the assessment that will be allocated
pursuant to Section 12301.04, and any General Fund costs associated
with establishment and administration of the assessment. The General
Fund costs shall be estimated following consultation with the
appropriate budget subcommittees of the Legislature.
(4) Calculate, as a percentage, the amount by which the reduction
described in Section 12301.02 is offset by General Fund savings. In
making this calculation, the Director of Finance shall estimate the
amount of the reduction that may be partially or completely offset.
If the estimated General Fund savings from the assessment are less
than the amount required to fully offset the reduction pursuant to
Section 12301.02, then the percentage offset shall be proportionate
to the level of General Fund savings. At no point may the reduction
pursuant to Section 12301.02 become negative or go below zero.
(5) Notify the Joint Legislative Budget Committee of the
determinations made in paragraphs (1) to (4), inclusive.
(c) On or before May 14, prior to the third fiscal year after the
certification described in subdivision (a) is received, the Director
of Finance shall perform the activities described in paragraphs (1)
to (5), inclusive, of subdivision (b).
(d) Within 10 days of the effective date of any federal change or
action that prevents or reduces the amount of General Fund savings
received from the assessment, the Director of Health Care Services
shall provide a notification to the Joint Legislative Budget
Committee and the Director of Finance of that change. Within 30 days
of the receipt of this notification, the Director of Finance shall
perform the activities described in paragraphs (1) to (5), inclusive,
of subdivision (b).
(e) Notwithstanding any provision of Section 12301.02, the
reduction of services required by Section 12301.02 shall be mitigated
by the percentage offset determined by the Director of Finance in
paragraph (4) of subdivision (b).
(f) (1) Any change in the percentage reduction of services as
provided in Section 12301.02 shall occur on the first day of the
first full month occurring 30 days after the determination provided
for in subdivision (b) is made by the Director of Finance.
(2) Any change in the percentage reduction of services as provided
in Section 12301.02 due to a determination of the Director of
Finance required by subdivision (c) shall occur on July 1 of the
fiscal year immediately following the determination.
(3) If a change in the percentage reduction of services as
provided in Section 12301.02 is triggered based on a determination of
the Director of Finance required by subdivision (d), that change in
hours of service shall occur on July 1 after the notification
referenced in subdivision (d) from the Director of Health Care
Services is received, if the notification is received between the
preceding September 30 and January 2. If the notification is received
on any other date, then a change in hours shall occur on the first
of the month that is nine months after the notification is received.
(g) In preparation of every Governor's Budget and for every May
revision, the Director of Finance shall perform the obligation
described in paragraphs (1) to (3), inclusive, of subdivision (b).
SEC. 4. Section 12301.04 is added to the
Welfare and Institutions Code , to read:
12301.04. (a) There is hereby created in the State Treasury an
In-Home Supportive Services Reinvestment Fund, which shall receive
moneys to the extent that an assessment described in Section 12301.05
is implemented retroactively.
(b) The fund shall be used to provide goods or services for
one-time direct reinvestments benefiting IHSS recipients.
(c) The fund shall be used in a manner that does not create
ongoing General Fund obligations.
(d) Pursuant to Section 12301.03, the Director of Finance shall
estimate the amount of retroactive fee due to the fund. In each
fiscal year for which there are estimated retroactive revenues, the
Director of Finance shall provide the State Controller a schedule of
what portion of the fee shall be deposited in the fund.
(e) Notwithstanding Section 13340 of the Government Code, the fund
is continuously appropriated to the State Department of Social
Services to be reinvested, following consultation with plaintiffs in
the lawsuits identified below, for the benefit of IHSS recipients in
compliance with the requirements in this section and those in the
settlement agreement pertaining to Oster v. Lightbourne, N.D. Cal.,
Case No. CV 09-04668 CW, U.S. Court of Appeals for the Ninth Circuit,
Case No. 12-15366, and Dominguez v. Brown, N.D. Cal., Case No. CV
09-02306 CW, U.S. Court of Appeals for the Ninth Circuit, Case No.
09-16359. At least 30 days prior to allocating any funds pursuant to
this section, the State Department of Social Services shall provide
an expenditure plan to the Joint Legislative Budget Committee.
(f) Notwithstanding subdivision (e), the Legislature shall, prior
to expenditure, approve the initial allocation of moneys from the
fund in the annual Budget Act or other legislation.
(g) If the Legislature does not make the initial allocation of
moneys from the fund pursuant to subdivision (f) during the regular
annual budget process, the amount available for expenditure for the
purposes of this section may be authorized pursuant to Section 28 of
the Budget Act of 2012 (Chapter 21 of the Statutes of 2012), or
similar authority granted in future Budget Acts, if notification is
provided to the Legislature pursuant to that section prior to the
initial allocation. Moneys from the fund shall be treated as nonstate
funds for the purposes of Section 28 of the Budget Act of 2012
(Chapter 21 of the Statutes of 2012), or similar authority granted in
future Budget Acts.
SEC. 5. Section 12301.05 is added to the
Welfare and Institutions Code , to read:
12301.05. It is the intent of the Legislature to enact
legislation in 2013 to authorize an assessment on home care services,
including, but not limited to, home health care and in-home
supportive services, consistent with the settlement agreement
pertaining to Oster v. Lightbourne, N.D. Cal., Case No. CV09-04668
CW, U.S. Court of Appeals for the Ninth Circuit, Case No. 12-15366,
and Dominguez v. Brown, N.D. Cal., Case No. CV 09-02306 CW, U.S.
Court of Appeals for the Ninth Circuit, Case No. 09-16359.
SEC. 6. Section 12301.07 of the Welfare
and Institutions Code is repealed.
12301.07. (a) (1) Notwithstanding any other provision of law, if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative, the department shall implement a 20-percent reduction in
authorized hours of service to each in-home supportive services
recipient as specified in this section, effective January 1, 2012,
which shall be applied to the recipient's hours as authorized
pursuant to his or her most recent assessment.
(2) The reduction required by this section shall not preclude any
reassessment to which a recipient would otherwise be entitled.
However, hours authorized pursuant to a reassessment shall be subject
to the reduction required by this section.
(3) For those recipients who have a documented unmet need,
excluding protective supervision, because of the limitations
contained in Section 12303.4, this reduction shall be applied first
to the unmet need before being applied to the authorized hours. If
the recipient believes he or she will be at serious risk of
out-of-home placement as a consequence of the reduction, the
recipient may apply for a restoration of the reduction of authorized
service hours, pursuant to subdivision (f).
(4) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
(5) The reduction in service hours made pursuant to paragraph (1)
shall not apply to in-home supportive services recipients who also
receive services under Section 9560, subdivision (t) of Section
14132, and Section 14132.99.
(b) The department shall work with the counties to develop a
process to allow for counties to preapprove IHSS Care Supplements
described in subdivision (f), to the extent that the process is
permissible under federal law. The preapproval process shall be
subject to the following conditions:
(1) The preapproval process shall rely on the criteria for
assessing IHSS Care Supplement applications, developed pursuant to
subdivision (f).
(2) Preapproval shall be granted only to individuals who would
otherwise be granted a full restoration of their hours pursuant to
subdivision (f).
(3) With respect to existing recipients as of the effective date
of this section, all efforts shall be made to ensure that counties
complete the process on or before a specific date, as determined by
the department, in consultation with counties in order to allow for
the production, printing, and mailing of notices to be issued to
remaining recipients who are not granted preapproval and who thereby
are subject to the reduction pursuant to this section.
(4) The department shall work with counties to determine how to
apply a preapproval process with respect to new applicants to the
IHSS program who apply after the effective date of this section.
(c) The notice of action informing each recipient who is not
preapproved for an IHSS Care Supplement pursuant to subdivision (b)
shall be mailed at least 15 days prior to the reduction going into
effect. The notice of action shall be understandable to the recipient
and translated into all languages spoken by a substantial number of
the public served by the In-Home Supportive Services program, in
accordance with Section 7295.2 of the Government Code. The notice
shall not contain any recipient financial or confidential identifying
information other than the recipient's name, address, and Case
Management Information and Payroll System (CMIPS) client
identification number, and shall include, but not be limited to, all
of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to paragraph (1) of subdivision (a) and the aggregate number
of authorized hours after the reduction.
(2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
(3) How all or part of the reduction may be restored, as set forth
in subdivision (f), if the recipient believes he or she will be at
serious risk of out-of-home placement as a consequence of the
reduction.
(d) The department shall inform providers of any reduction to
recipient hours through a statement on provider timesheets, after
consultation with counties.
(e) The IHSS Care Supplement application process described in
subdivision (f) shall be completed before a request for a state
hearing is submitted. If the IHSS Care Supplement application is
filed within 15 days of the notice of action required by subdivision
(c), or before the effective date of the reduction, the recipient
shall be eligible for aid paid pending. A revised notice of action
shall be issued by the county following evaluation of the IHSS Care
Supplement application.
(f) (1) Any aged, blind, or disabled individual who is eligible
for services under this article who receives a notice of action
indicating that his or her services will be reduced under subdivision
(a) but who believes he or she is at serious risk of out-of-home
placement unless all or part of the reduction is restored may submit
an IHSS Care Supplement application. When a recipient submits an IHSS
Care Supplement application within 15 days of receiving the
reduction notice or prior to the implementation of the reduction, the
recipient's in-home supportive services shall continue at the level
authorized by the most recent assessment, prior to any reduction,
until the county finds that the recipient does or does not require
restoration of any hours through the IHSS Care Supplement. If the
recipient disagrees with the county's determination concerning the
need for the IHSS Care Supplement, the recipient may request a
hearing on that determination.
(2) The department shall develop an assessment tool, in
consultation with stakeholders, to be used by the counties to
determine if a recipient is at serious risk of out-of-home placement
as a consequence of the reduction of services pursuant to this
section. The assessment tool shall be developed utilizing standard of
care criteria for relevant out-of-home placements that serve
individuals who are aged, blind, or who have disabilities and who
would qualify for IHSS if living at home, including, but not limited
to, criteria set forth in Chapter 7.0 of the Manual of Criteria for
Medi-Cal Authorization published by the State Department of Health
Care Services, as amended April 15, 2004, and the IHSS uniform
assessment guidelines.
(3) Counties shall give a high priority to prompt screening of
persons specified in this section to determine their need for an IHSS
Care Supplement.
(g) (1) 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 section through
all-county letters or similar instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than March 1, 2013.
The department may readopt any emergency regulation authorized by
this section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations implementing
this section and one readoption of emergency regulations authorized
by this subdivision shall be deemed an emergency and necessary for
the immediate preservation of the public peace, health, safety, or
general welfare. Initial emergency regulations and the one readoption
of emergency regulations authorized by this section shall be exempt
from review by the Office of Administrative Law. The initial
emergency regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time final
regulations may be adopted.
(h) If the Director of Health Care Services determines that
federal approval is necessary to implement this section, this section
shall be implemented only after any state plan amendments required
pursuant to Section 14132.95 are approved.
SEC. 7. Section 12306.1 of the
Welfare and Institutions Code , as amended by Section
39 of Chapter 439 of the Statutes of 2012, is amended to read:
12306.1. (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute. No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Care Services for the increase pursuant to
a determination that it is consistent with federal law and to ensure
federal financial participation for the services
under Title XIX of the federal Social
Security Act, and unless and until all of the following conditions
have been met:
(1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority or nonprofit consortium rate, including wages and
related expenditures. The documentation shall be received by the
department before the department and the State Department of Health
Care Services may approve the increase.
(2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
(b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department. The
department may grant approval on a conditional basis, subject to the
availability of funding.
(c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
(d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers. This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5), and without regard to when the wage and benefit increase
becomes effective.
(2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
for the 2001-02 fiscal year and each fiscal year thereafter, unless
otherwise provided in paragraphs (3), (4), and (5).
(3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenue, excluding
transfers, for the year in which paragraph (2) became operative.
(4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both. This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
(5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour. Counties shall
determine, pursuant to the collective bargaining process provided for
in subdivision (c) of Section 12301.6, what portion of the twelve
dollars and ten cents ($12.10) per hour shall be used to fund wage
increases above seven dollars and fifty cents ($7.50) per hour or
individual health benefit increases, or both. This paragraph shall be
operative commencing with the next state fiscal year for which the
May Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (4) became
operative.
(6) Notwithstanding paragraphs (2) to (5), inclusive, the state
shall participate as provided in subdivision (c) in a total cost of
wages up to nine dollars and fifty cents ($9.50) per hour and in
individual health benefits up to sixty cents ($0.60) per hour. This
paragraph shall become operative on July 1, 2009.
(7) (A) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in paragraph (6) during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in that paragraph until July 1, 2012, to
allow the litigation to reach a final result.
(B) Paragraph (6) shall not be implemented until July 1, 2012, and
as of that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
(e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
(2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
(f) Any increase in overall state participation in wage and
benefit increases under paragraphs (2) to (5), inclusive, of
subdivision (d), shall be limited to a wage and benefit increase of
one dollar ($1) per hour with respect to any fiscal year. With
respect to actual changes in specific wages and health benefits
negotiated through the collective bargaining process, the state shall
participate in the costs, as approved in subdivision (c), up to the
maximum levels as provided under paragraphs (2) to (6),
(5), inclusive, of subdivision (d).
(g) For the period during which Section 12306.15 is operative,
each county's share of the costs of negotiated wage and benefit
increases specified in subdivision (c) shall remain, but the County
IHSS Maintenance of Effort pursuant to Section 12306.15 shall be in
lieu of that share.
(h) This section shall become inoperative only if Chapter 45 of
the Statutes of 2012 is deemed inoperative pursuant to Section 15 of
that chapter.
SEC. 8. Section 12306.1 of the
Welfare and Institutions Code , as amended by Section
38 of Chapter 439 of the Statutes of 2012, is amended to read:
12306.1. (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute. No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Care Services for the increase pursuant to
a determination that it is consistent with federal law and to ensure
federal financial participation for the services under Title XIX of
the federal Social Security Act, and unless and until all of the
following conditions have been met:
(1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority or nonprofit consortium rate, including wages and
related expenditures. The documentation shall be received by the
department before the department and the State Department of Health
Care Services may approve the increase.
(2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
(b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department. The
department may grant approval on a conditional basis, subject to the
availability of funding.
(c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
(d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers. This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5), and without regard to when the wage and benefit increase
becomes effective.
(2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
for the 2001-02 fiscal year and each fiscal year thereafter, unless
otherwise provided in paragraphs (3), (4), and (5).
(3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenue, excluding
transfers, for the year in which paragraph (2) became operative.
(4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both. This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
(5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour. Counties shall
determine, pursuant to the collective bargaining process provided for
in subdivision (c) of Section 12301.6, what portion of the twelve
dollars and ten cents ($12.10) per hour shall be used to fund wage
increases above seven dollars and fifty cents ($7.50) per hour or
individual health benefit increases, or both. This paragraph shall be
operative commencing with the next state fiscal year for which the
May Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (4) became
operative.
(6) Notwithstanding paragraphs (2) to (5), inclusive, the state
shall participate as provided in subdivision (c) in a total cost of
wages up to nine dollars and fifty cents ($9.50) per hour and in
individual health benefits up to sixty cents ($0.60) per hour. This
paragraph shall become operative on July 1, 2009.
(7) (A) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in paragraph (6) during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in that paragraph until July 1, 2012, to
allow the litigation to reach a final result.
(B) Paragraph (6) shall not be implemented until July 1, 2012, and
as of that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
(e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
(2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
(f) Any increase in overall state participation in wage and
benefit increases under paragraphs (2) to (5), inclusive, of
subdivision (d), shall be limited to a wage and benefit increase of
one dollar ($1) per hour with respect to any fiscal year. With
respect to actual changes in specific wages and health benefits
negotiated through the collective bargaining process, the state shall
participate in the costs, as approved in subdivision (c), up to the
maximum levels as provided under paragraphs (2) to (6),
(5), inclusive, of subdivision (d).
(g) This section shall become operative only if Chapter 45 of the
Statutes of 2012 is deemed inoperative pursuant to Section 15 of that
chapter.
SEC. 9. Section 12309 of the Welfare
and Institutions Code is amended to read:
12309. (a) In order to assure that in-home supportive services
are delivered in all counties in a uniform manner, the department
shall develop a uniform needs assessment tool.
(b) (1) Each county shall, in administering this article, use the
uniform needs assessment tool developed pursuant to subdivision (a)
in collecting and evaluating information.
(2) For purposes of paragraph (1), "information" includes, but is
not limited to, all of the following:
(A) The recipient's living environment.
(B) Alternative resources.
(C) The recipient's functional abilities.
(c) (1) The uniform needs assessment tool developed pursuant to
subdivision (a) shall evaluate the recipient's functioning in
activities of daily living and instrumental activities of daily
living.
(2) The recipient's functioning shall be quantified, using the
general hierarchical five-point scale for ranking each function, as
specified in subdivision (d).
(d) The recipient's functioning ranks shall be as follows:
(1) Rank one. A recipient's functioning shall be classified as
rank one if his or her functioning is independent, and he or she is
able to perform the function without human assistance, although the
recipient may have difficulty in performing the function, but the
completion of the function, with or without a device or mobility aid,
poses no substantial risk to his or her safety.
(2) Rank two. A recipient's functioning shall be classified as
rank two if he or she is able to perform a function, but needs verbal
assistance, such as reminding, guidance, or encouragement.
(3) Rank three. A recipient's functioning shall be classified as
rank three if he or she can perform the function with some human
assistance, including, but not limited to, direct physical assistance
from a provider.
(4) Rank four. A recipient's functioning shall be classified as
rank four if he or she can perform a function, but only with
substantial human assistance.
(5) Rank five. A recipient's functioning shall be classified as
rank five if he or she cannot perform the function, with or without
human assistance.
(e) (1) Notwithstanding any other law, and effective September 1,
2009, individuals shall be eligible for each domestic or related
service only if assessed at a rank four or five, as defined in
subdivision (d), in the activity of daily living relating to that
service. The activities of daily living that relate to domestic and
related services are defined in regulations and include housework,
laundry, shopping and errands, meal preparation, and meal cleanup.
The rank for each domestic and related service shall be determined
based on an assessment of need for supportive services by the county,
in accordance with this section and the hourly task guidelines as
defined by Section 12301.2. This paragraph does not apply to
individuals meeting one of the conditions specified in paragraph (2).
(2) Paragraph (1) shall not apply to individuals authorized to
receive either protective supervision pursuant to subdivision (b) of
Section 12300 and Section 12301.21 or paramedical services pursuant
to Section 12300.1, or to individuals authorized to receive over 120
hours of services per month.
(3) To the extent necessary to maintain federal financial
participation, the director may waive any or all of the provisions of
paragraph (2), after consultation with the State Department of
Health Care Services.
(f) A recipient shall be assigned a functional index score. The
functional index score for a recipient shall be a weighted average
based on the individual functional index rankings, as described in
subdivision (d), to provide a single measure of a recipient's
relative dependence on human assistance for performance of activities
of daily living that are used in the assessment of services provided
pursuant to this article.
(g) (1) 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 section through
all-county letters or similar instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than July 1, 2010. The
department may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations implementing
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and the one readoption of emergency regulations
authorized by this subdivision shall be exempt from review and
approval by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this subdivision shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time final
regulations may be adopted.
(h) Subdivisions (e), (f), and (g) shall become operative on
September 1, 2009.
(i) (1) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in subdivisions (e), (f), and (g) during the pendency of
litigation. To avoid confusion for providers, recipients, and other
stakeholders, it is therefore the intent of the Legislature to
temporarily suspend the reductions described in those subdivisions
until July 1, 2012, to allow the litigation to reach a final result.
(2) Notwithstanding subdivision (h) or any other provision of law,
subdivisions (e), (f), and (g) shall not be implemented until July
1, 2012, and as by that date shall only be implemented if a court of
competent jurisdiction has issued an order, that is not subject to
appeal or for which the time to appeal has expired, upholding their
validity.
SEC. 10. Section 12309.2 of the Welfare
and Institutions Code is repealed.
12309.2. (a) Notwithstanding any other law, except as provided in
subdivision (b), and pursuant to subdivision (e) of Section 12309,
and effective September 1, 2009, eligibility for in-home supportive
services provided pursuant to Article 7 (commencing with Section
12300) of Chapter 3 shall also include functional index scores
calculated pursuant to subdivision (f) of Section 12309, as follows:
(1) Individuals with a functional index score of 2.0 and above
shall be eligible to receive all appropriate in-home supportive
services provided pursuant to this article.
(2) Individuals with a functional index score below 2.0 shall not
be eligible for any in-home supportive services provided pursuant to
this article.
(3) Paragraph (2) shall not apply to individuals authorized to
receive protective supervision pursuant to subdivision (b) of Section
12300 and Section 12301.21 or paramedical services pursuant to
Section 12300.1, or to individuals authorized to receive over 120
hours of services per month pursuant to Section 12301.2.
(4) To the extent necessary to maintain federal financial
participation, the director may waive any or all of the provisions of
paragraph (3), after consultation with the State Department of
Health Care Services.
(b) The department shall modify the notice of action forms to
inform individuals whose hours are reduced or for whom eligibility is
eliminated by the changes made to Section 12309 or this section by
the act adding this section of their functional rank and functional
index score. The form shall be modified no later than September 1,
2009.
(c) (1) 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 section through
all-county letters or similar instruction from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing this section no later than July 1, 2010. The
department may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review and approval by the Office of
Administrative Law. The initial emergency regulations and
the one readoption of emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.
(d) This section shall become operative on September 1, 2009.
(e) (1) The Legislature finds and declares that injunctions issued
by the courts have prevented the state from implementing the changes
described in this section during the pendency of litigation. To
avoid confusion for providers, recipients, and other stakeholders, it
is therefore the intent of the Legislature to temporarily suspend
the reductions described in this section until July 1, 2012, to allow
the litigation to reach a final result.
(2) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented until July 1, 2012, and as of
that date shall only be implemented if a court of competent
jurisdiction has issued an order, that is not subject to appeal or
for which the time to appeal has expired, upholding its validity.
SEC. 11. (a) 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 State Department of Social Services and
the State Department of Health Care Services may implement and
administer this act through all-county letters or similar instruction
from their respective departments until regulations are adopted.
Each department shall adopt emergency regulations implementing this
section no later than July 1, 2015. Each department may readopt any
emergency regulation authorized by this section that is the same as
or substantially equivalent to an emergency regulation previously
adopted under this section.
(b) For each department identified in subdivision (a), the initial
adoption of emergency regulations implementing this act and one
readoption of emergency regulations authorized by this subdivision
shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review by
the Office of Administrative Law. The initial emergency regulations
and the one readoption of emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and each shall remain in effect
for no more than 180 days, by which time final regulations may be
adopted.
SEC. 12. The amount of one thousand dollars
($1,000) is hereby appropriated from the General Fund to the State
Department of Social Services for its administrative costs during the
2013-14 fiscal year.
SEC. 13. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.