Bill Text: CA AB97 | 2015-2016 | Regular Session | Enrolled

California Assembly Bill 97 (Prior Session Legislation)

Bill Title: In-home supportive services: provider wages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB97 Detail]

Download: California-2015-AB97-Enrolled.html

BILL NUMBER: AB 97	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 1, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2015
	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Weber

                        JANUARY 8, 2015

   An act to amend Section 12317 of the Welfare and Institutions
Code, relating to in-home supportive services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 97, Weber. In-home supportive services: provider wages.
   Existing law establishes 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 establishes the Medi-Cal program,
which is administered by the State Department of Health Care
Services, under which qualified low-income individuals receive health
care services. The Medi-Cal program is, in part, governed and funded
by federal Medicaid Program provisions.
   Existing law provides, as part of the Coordinated Care Initiative,
that not sooner than March 1, 2013, all Medi-Cal long-term services
and supports, including IHSS, are required to be services that are
covered under managed care health plan contracts and to be available
only through managed care health plans to beneficiaries residing in
Coordinated Care Initiative counties, except for the provided
exemptions. Existing law allows managed care health plans to
authorize personal care services and related domestic services in
addition to the hours authorized for IHSS by existing law. Existing
law requires the managed care health plans to be responsible for
paying for these services at no share of cost to the county.
   This bill would require the State Department of Social Services to
program its Case Management Information and Payroll System to be
able to receive payments from managed care health plans for these
personal care service and related domestic service hours, to issue a
payroll check to providers of personal care service hours and related
domestic service hours, which shall not include payment of wages for
service hours provided pursuant to other specified provisions, and
to track and differentiate between the two types of authorized hours.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12317 of the Welfare and Institutions Code is
amended to read:
   12317.  (a) The State Department of Social Services shall be
responsible for procuring and implementing a new Case Management
Information and Payroll System (CMIPS) for the In-Home Supportive
Services Program and Personal Care Services Program (IHSS/PCSP). This
section shall not be interpreted to transfer any of the IHSS/PCSP
policy responsibilities from the State Department of Social Services
or the State Department of Health Care Services.
   (b) At a minimum, the new system shall provide case management,
payroll, and management information in order to support the
IHSS/PCSP, and shall do all of the following:
   (1) Provide current and accurate information in order to manage
the IHSS/PCSP caseload.
   (2) Calculate accurate wage and benefit deductions.
   (3) Provide management information to monitor and evaluate the
IHSS/PCSP.
   (4) Coordinate benefits information and processing with the
California Medicaid Management Information System.
   (5) In order to implement subparagraph (B) of paragraph (6) of
subdivision (b) of Section 14186, the system shall be programmed to
enable it to do all of the following:
   (A) Receive payments from managed care health plans for the
personal care service hours and related domestic service hours
authorized by the managed care health plan, which are separate and
distinct from in-home supportive service hours authorized pursuant to
this article and Sections 14132.95, 14132.952, and 14132.956.
   (B) Issue a payroll check to providers of personal care service
hours and related domestic service hours for services rendered
pursuant to subparagraph (B) of paragraph (6) of subdivision (b) of
Section 14186, which shall not include payment of wages for services
provided pursuant to this article and Sections 14132.95, 14132.952,
and 14132.956.
   (C) Track and differentiate between the hours authorized pursuant
to this article and Sections 14132.95, 14132.952, and 14132.956, and
the hours authorized by the managed care health plan pursuant to
subparagraph (B) of paragraph (6) of subdivision (b) of Section 14186
to enable managed care health plans to track the effect of providing
the additional benefits.
   (c) The new system shall be consistent with current state and
federal laws, shall incorporate technology that can be readily
enhanced and modernized for the expected life of the system, and, to
the extent possible, shall employ open architectures and standards.
   (d) By August 31, 2004, the State Department of Social Services
shall begin a fair and open competitive procurement for the new
CMIPS. All state agencies shall cooperate with the State Department
of Social Services and the California Health and Human Services
Agency Data Center to expedite the procurement, design, development,
implementation, and operation of the new CMIPS.
   (e) The State Department of Social Services, with any necessary
assistance from the State Department of Health Care Services, shall
seek all federal approvals and waivers necessary to secure federal
financial participation and system design approval of the new system.

   (f) The new CMIPS shall include features to strengthen fraud
prevention and detection, as well as to reduce overpayments. Program
requirements shall include, but shall not be limited to, the ability
to readily identify out-of-state providers, recipient hospital stays
that are five days or longer, and excessive hours paid to a single
provider, and to match recipient information with death reports. This
functionality shall be available by April 1, 2010, and implemented
statewide by July 1, 2011.