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
Assembly
June 04, 2018 |
Amended
IN
Senate
April 03, 2018 |
Senate Bill | No. 1040 |
Introduced by Senator Dodd |
February 08, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(4)Existing law requires all prospective IHSS providers to complete a provider orientation at the time of enrollment and requires the applicant to sign a statement
specifying, among other things, that the provider has attended the orientation and understands that failure to comply with the program rules and requirements may result in the provider being terminated from providing services. Existing law requires a county to investigate the criminal background of a person who seeks to become an IHSS provider, and upon notice that the applicant has been convicted of specified crimes, to deny the application. Existing law prohibits a person from providing, or receiving payment for providing, supportive services for 10 years following a conviction or incarceration for fraud against a government health care or supportive services program, or for a conviction or incarceration for a violent or serious felony, as defined.
This bill would authorize a person who has not yet completed the orientation and enrollment requirements, or for whom a criminal background check has not yet been completed, but who is providing services to a recipient,
to be paid for services rendered to that recipient, for a period not to exceed 3 months, if the county welfare department has approved the services by that provider and a natural disaster resulting in a declared state of emergency has left the recipient without his or her preferred provider.
(5)
(6)
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: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 low income, including recipients of in-home supportive services.SEC. 4.
Section 34054 of the Health and Safety Code is amended to read:34054.
Funds appropriated for the purposes of Section 34052 shall only be expended for rehabilitation or reconstruction of housing and related infrastructure, including, in the case of a recipient of in-home supportive services, remediation and restoration of housing and infrastructure necessary to return the recipient to his or her home, that has been damaged as a result ofSEC. 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. 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.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:
(a)The county welfare department has approved the services by that provider.
(b)A natural disaster resulting in a declared state of emergency has left the recipient without his or her preferred provider.