Bill Text: CA SB141 | 2009-2010 | Regular Session | Amended

California Senate Bill 141 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2009-07-06 - Read second time. Amended. Re-referred to Com. on APPR. [SB141 Detail]

Download: California-2009-SB141-Amended.html

BILL NUMBER: SB 141	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 6, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Maldonado
   (Coauthor: Senator Benoit)
   (Coauthor: Assembly Member Tom Berryhill)

                        FEBRUARY 11, 2009

   An act to add Section 12301.25 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 141, as amended, Maldonado. In-home supportive services:
provider timesheets.
   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 in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law permits services to be provided
under the IHSS program either through the employment of individual
providers, a contract between the county and an entity for the
provision of services, the creation by the county of a public
authority, or a contract between the county and a nonprofit
consortium.
   Under existing law, the State Department of Social Services is
required, in consultation and coordination with county welfare
departments, to establish and implement statewide hourly task
guidelines and instructions to provide counties with a standard tool
for consistently and accurately assessing service needs and
authorizing service hours to meet those needs.
   This bill would require the standardized provider timesheet used
to track the work performed by providers of services under this
chapter to contain a legal certification  ,  to be signed by
the provider and recipient  ,  verifying that the
information provided in the timesheet is true and correct.  A
person who willfully and knowingly provides false information under
the bill would be subject to a specified civil penalty  
The bill would authorize, in addition to other criminal penalties,
the imposition of a specified civil penalty against a person who is
convicted of fraud, as defined, resulting from intentional deception
or misrepresentation in the provision of timesheet information under
the IHSS program  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 12301.25 is added to the Welfare and
Institutions Code, to read:
   12301.25.  (a) Notwithstanding any other provision of law, the
standardized provider timesheet used to track the work performed by
providers of services under this article shall contain a legal
certification  ,  to be signed by the provider and
recipient, verifying that the information provided in the timesheet
is true and correct. 
   (b) A person who willfully and knowingly provides false
information under this section shall be subject to a civil penalty of
at least five hundred dollars ($500), but not to exceed one thousand
dollars ($1,000), for each violation. An action for a civil penalty
under this section may be brought by any public prosecutor in the
name of the people of the State of California, and the penalty shall
be enforceable as a civil judgment.  
   (b) A person who is convicted of fraud, as defined in subdivision
(a) of Section 12305.8, resulting from intentional deception or
misrepresentation in the provision of timesheet information under
this section, in addition to any criminal penalties imposed, shall be
subject to a civil penalty of at least five hundred dollars ($500),
but not to exceed one thousand dollars ($1,000), for each violation.