Bill Text: CA SB878 | 2013-2014 | Regular Session | Chaptered
Bill Title: In-home supportive services: onsite provider orientation.
Spectrum: Unknown
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 689, Statutes of 2014. [SB878 Detail]
Download: California-2013-SB878-Chaptered.html
BILL NUMBER: SB 878 CHAPTERED
BILL TEXT
CHAPTER 689
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 29, 2014
AMENDED IN ASSEMBLY AUGUST 27, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 12, 2014
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2014
An act to amend Section 12301.24 of the Welfare and Institutions
Code, relating to in-home supportive services, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 878, Committee on Budget and Fiscal Review. In-home supportive
services: onsite provider orientation.
Existing law establishes the In-Home Supportive Services (IHSS)
program, administered by the State Department of Social Services and
counties, 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, with some
exceptions, permits IHSS program services to be provided through the
employment of individual providers, a contract between the county and
an entity to provide services, the creation by the county of a
public authority, or a contract between the county and a nonprofit
consortium. Existing law requires all prospective IHSS providers to,
as a condition of IHSS program participation, complete, sign, and
submit a provider enrollment form and complete a provider
orientation, which is required to include specified topics, including
the requirements to be an eligible IHSS provider and a description
of the IHSS program.
This bill would additionally require the provider orientation to
include applicable federal and state requirements regarding minimum
wage and overtime pay, including paid travel time and wait time, and
other specified requirements. The bill would, beginning no later than
April 1, 2015, require that the orientation be an onsite
orientation, and that all prospective providers attend in person only
after completing the application for the IHSS provider enrollment
process. The bill would additionally require that any oral
presentation and written materials presented at the orientation be
translated into all IHSS threshold languages in the county, and would
require that representatives of the recognized employee organization
in the county be permitted to make a presentation of up to 30
minutes at the orientation. By increasing the duties of counties, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would appropriate $1,000 from the General Fund to the
State Department of Social Services for purposes of implementing the
bill.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12301.24 of the Welfare and Institutions Code
is amended to read:
12301.24. (a) Effective November 1, 2009, all prospective
providers must complete a provider orientation at the time of
enrollment, as developed by the department, in consultation with
counties, which shall include, but is not limited to, all of the
following:
(1) The requirements to be an eligible IHSS provider.
(2) A description of the IHSS program.
(3) The rules, regulations, and provider-related processes and
procedures, including timesheets.
(4) The consequences of committing fraud in the IHSS program.
(5) The Medi-Cal toll-free telephone fraud hotline and Internet
Web site for reporting suspected fraud or abuse in the provision or
receipt of supportive services.
(6) The applicable federal and state requirements regarding
minimum wage and overtime pay, including paid travel time and wait
time, and the requirements of Section 12300.4.
(b) In order to complete provider enrollment, at the conclusion of
the provider orientation, all applicants shall sign a statement
specifying that the provider agrees to all of the following:
(1) He or she will provide to a recipient the authorized services.
(2) He or she has received a demonstration of, and understands,
timesheet requirements, including content, signature, and
fingerprinting, when implemented.
(3) He or she shall cooperate with state or county staff to
provide any information necessary for assessment or evaluation of a
case.
(4) He or she understands and agrees to program expectations and
is aware of the measures that the state or county may take to enforce
program integrity.
(5) He or she has attended the provider orientation and
understands that failure to comply with program rules and
requirements may result in the provider being terminated from
providing services through the IHSS program.
(c) Between November 1, 2009, and June 30, 2010, all current
providers shall receive the information described in this section.
Following receipt of this information, a provider shall submit a
signed agreement, consistent with the requirements of this section,
to the appropriate county office.
(d) The county shall indefinitely retain this statement in the
provider's file. Refusal of the provider to sign the statement
described in subdivision (b) shall result in the provider being
ineligible to receive payment for the provision of services and
participate as a provider in the IHSS program.
(e) Beginning no later than April 1, 2015, all of the following
shall apply:
(1) The orientation described in subdivision (a) shall be an
onsite orientation that all prospective providers shall attend in
person.
(2) Prospective providers may attend the onsite orientation only
after completing the application for the IHSS provider enrollment
process described in subdivision (a) of Section 12305.81.
(3) Any oral presentation and written materials presented at the
orientation shall be translated into all IHSS threshold languages in
the county.
(4) Representatives of the recognized employee organization in the
county shall be permitted to make a presentation of up to 30 minutes
at the orientation. Prior to implementing the orientation
requirements set forth in this subdivision, counties shall provide at
least the level of access to, and the ability to make presentations
at, provider orientations that they allowed the recognized employee
organization in the county as of September 1, 2014.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 3. The amount of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the State Department of Social
Services for purposes of implementing this act.
SEC. 4. This act is a bill providing for appropriations related to
the Budget Bill within the meaning of subdivision (e) of Section 12
of Article IV of the California Constitution, has been identified as
related to the budget in the Budget Bill, and shall take effect
immediately.
