Bill Text: CA SB1040 | 2017-2018 | Regular Session | Amended
Bill Title: In-home supportive services: natural disaster.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-26 - Chaptered by Secretary of State. Chapter 789, Statutes of 2018. [SB1040 Detail]
Download: California-2017-SB1040-Amended.html
Amended
IN
Senate
April 03, 2018 |
Senate Bill | No. 1040 |
Introduced by Senator Dodd |
February 08, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would expand the definition of “supportive services” to include all needs and services required during a natural disaster resulting in a declared state of
emergency, and authorize, under those same circumstances, a county to allocate additional hours of supportive services, as specified. The
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known as the “In-Home Supportive Services Emergency Preparedness, Response, and Consumer Safety Act.”SEC. 2.
The Legislature finds and declares all of the following:(a)The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive services identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided.
(b)Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, teaching
and demonstration directed at reducing the need for other supportive services, paramedical services which make it possible for the recipient to establish and maintain an independent living arrangement, and all needs and services required during a natural disaster resulting in a declared state of emergency.
(c)Personal care services shall mean all of the following:
(1)Assistance with ambulation.
(2)Bathing, oral hygiene, and grooming.
(3)Dressing.
(4)Care and assistance with prosthetic devices.
(5)Bowel, bladder, and menstrual care.
(6)Repositioning, skin care, range of motion exercises, and transfers.
(7)Feeding and assurance of adequate fluid intake.
(8)Respiration.
(9)Assistance with self-administration of medications.
(d)Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this paragraph is the recipient’s place of employment if all of
the following conditions are met:
(1)The personal care services are limited to those that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal entitlements or third-party obligations.
(2)The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the
workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment.
(e)When supportive services are provided by a person having the legal duty pursuant to the Family Code to provide for the care of his or her child who is the recipient, the provider of supportive services shall receive remuneration for the services only when the provider leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and where the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care.
These providers shall be paid only for the following:
(1)Services related to domestic services.
(2)Personal care services.
(3)Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites.
(4)Protective supervision only as needed because of the functional limitations of the child.
(5)Paramedical services.
(f)To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are
providing care without compensation.
(g)A person who is eligible to receive a service or services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive a service or services authorized pursuant to Section 14132.95, shall not be eligible to receive the same service or services pursuant to this article. In the event that the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95 shall be eligible for services under this article.
(h)(1)All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95.
(2)Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act.
(3)(A)Except as provided in subparagraph (B), the maximum
number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4.
(B)Notwithstanding subparagraph (A), in the situation of a natural disaster resulting in a declared state of emergency, additional assessed hours may be allocated, as determined by the county.
SEC. 3.
Section 34052 of the Health and Safety Code is amended to read:34052.
For the purpose of providing disaster relief in communities subject to a natural disaster, the department shall award funds pursuant to Chapter 3.5 (commencing with Section 50530) of Part 2 of Division 31 if funds have been made available for this purpose. Notwithstanding subdivision (b) of Section 50531, funds shall be used for housing for persons of low and moderate income, including persons who are recipients of in-home supportive services, with first priority given to funding housing for persons of lowSEC. 4.
Section 34054 of the Health and Safety Code is amended to read:34054.
Funds appropriated for the purposes of SectionSEC. 5.
Section 12301.1 of the Welfare and Institutions Code is amended to read:12301.1.
(a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.SEC. 4. SEC. 6.
Section 12304.41 is added to the Welfare and Institutions Code, to read:12304.41.
If a natural disaster has resulted in a declared state of emergency, affected counties shall use a void and reissue warrant process for any provider who lost or had damaged an uncashed warrant because of the natural disaster. When reissuing the uncashed warrant, a county shall verify the provider’s current mailing address and update the mailing address in the Case Management Information and Payroll System to ensure that the reissued warrant will be mailed to the provider’s current address.SEC. 7.
Section 12305.88 is added to the Welfare and Institutions Code, to read:12305.88.
Notwithstanding Sections 12305.81 and 12305.87, a person who has not yet completed the orientation and enrollment requirements pursuant to Section 12301.24, or for whom a criminal background check has not yet been completed pursuant to Section 12305.86, but who is providing services to a recipient, may be paid for services rendered to that recipient, for a period not to exceed three months, if both of the following conditions are met:SEC. 5.SEC. 8.
Section 12312 is added to the Welfare and Institutions Code, to read:12312.
A county, including a city and county, shall, upon the next update to its emergency plan, integrate and require the assessment and provision of supportive services to in-home supportive services (IHSS) recipients, including, but not limited to, the following requirements:(1)County social workers trained in IHSS assessment to be onsite at emergency response facilities.
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