Bill Text: CA SB1098 | 2021-2022 | Regular Session | Amended


Bill Title: In-home supportive services and waiver personal care services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-13 - April 19 set for first hearing canceled at the request of author. [SB1098 Detail]

Download: California-2021-SB1098-Amended.html

Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1098


Introduced by Senator Stern

February 16, 2022


An act to add Section 12304.42 to the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


SB 1098, as amended, Stern. In-home supportive services and waiver personal care services.
Existing law establishes the In-Home Supportive Services (IHSS) program, which is administered by the State Department of Social Services, counties, and other entities, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes. 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. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services (WPCS) in order to permit them to remain in their own homes. Existing law sets forth various provisions relating to the determination of IHSS and WPCS provider wages. Under existing law, payments to IHSS and WPCS providers are made through the Case Management Information and Payrolling System (CMIPS).
Existing law sets forth the mechanisms for declaring a state of emergency or local emergency by certain public officials and the powers granted during those periods.

This bill would state the intent of the Legislature to enact legislation that would provide IHSS and WPCS providers with an increase in compensation when a state of emergency or local emergency is declared due to certain natural disasters in the state or in the county or counties.

This bill would require a wage differential to be granted to an IHSS or WPCS provider during a declared state of emergency or local emergency that is caused by a natural disaster. The bill would require the wage differential to result in an increase of at least $2 per hour over the county’s current hourly wage rate for IHSS and WPCS providers. The bill would require the wage differential to be issued by the department through CMIPS and automatically be applied to a provider’s existing hourly wage. Under the bill, the wage differential would be applied when the department is notified that a state of emergency or local emergency is declared and would be eliminated when the department receives notice that the declared state of emergency or local emergency is no longer in effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12304.42 is added to the Welfare and Institutions Code, to read:

12304.42.
 (a) If a natural disaster results in a declared state of emergency or local emergency, as defined in Section 8558 of the Government Code, a provider of in-home supportive services or waiver personal care services shall be granted a wage differential for the hours worked during the declared state of emergency or local emergency.
(b) The wage differential shall result in an increase of at least two dollars ($2) per hour over the county’s current hourly wage rate for providers of in-home supportive services and waiver personal care services.
(c) The wage differential shall be issued by the department through the Case Management Information and Payrolling System (CMIPS) and automatically be applied to a provider’s existing hourly wage in CMIPS.
(d) The wage differential shall be applied when the department is notified that a state of emergency or local emergency is declared and shall be eliminated when the department receives notice that the declared state of emergency or local emergency is no longer in effect.

SECTION 1.

It is the intent of the Legislature to enact legislation that would provide providers of in-home supportive services (IHSS) and waiver personal care services (WPCS) with an increase in compensation when a state of emergency or local emergency is declared due to certain natural disasters in the state or in the county or counties.

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