Bill Text: CA SB886 | 2009-2010 | Regular Session | Amended
Bill Title: In-home supportive services providers: electronic
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB886 Detail]
Download: California-2009-SB886-Amended.html
BILL NUMBER: SB 886 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY JUNE 3, 2010
AMENDED IN SENATE MARCH 16, 2010
INTRODUCED BY Senator Florez
JANUARY 19, 2010
An act to add Section 12301.26 to the Welfare and Institutions
Code, relating to social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 886, as amended, Florez. In-home supportive services providers:
electronic timekeeping.
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which qualified aged, blind, and disabled persons
receive services enabling them to remain in their own homes. 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. Counties are responsible for
administering the program.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Care Services, under which health care
services are provided to qualified low-income persons, including
specified in-home services. Under existing law, IHSS recipients who
are eligible for the Medi-Cal program, are provided with personal
care option services, as defined, in lieu of receiving these services
under the IHSS program.
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 authorize a county human services department
responsible for administering specified in-home services, at its
option, to use electronic timekeeping, as defined, for purposes of
verifying hours completed and ensuring quality home care
for in-home recipients, as defined. The bill would
authorize a provider of the specified services to retain the option
of using paper timesheets, as specified.
This bill would authorize the State Department of Social Services
to implement and administer the bill through all-county letters or
similar instructions from the director, as specified. This bill
would require electronic timekeeping procedures under the bill to
comply with information and data requirements of the existing Case
Management Information and Payroll System (CMIPS) or its successor
system, when it is implemented. The bill would provide that, if
any part of the bill conflicts with federal requirements prescribing
conditions for the allocation of federal funds to the state, the
conflicting part shall not be implemented, solely to the extent of
the conflict.
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 12301.26 is added to the Welfare and
Institutions Code, to read:
12301.26. (a) For purposes of this section, the following terms
shall have the following meanings:
(1) "Electronic" means a telephone-based interactive voice
response or web-based interactive technology with the ability to
allow users to interface directly with case management systems using
telephone or the Internet.
(2) "Electronic timekeeping" means an electronic and verifiable
method for providers to input their payroll timesheets directly,
using a telephone-based interactive voice response or web-based
technology that both identifies a provider and accurately records the
timekeeping of that provider.
(3) "Recipient" means a person who has been deemed eligible to
receive in-home supportive services pursuant to this article, or
personal care services pursuant to Section 14132.95.
(b) (1) At the option of a county human services department
responsible for administering the in-home supportive services
pursuant to this article, a provider of services described in
paragraph (3) of subdivision (a) may use electronic timekeeping for
purposes of verifying hours completed and ensuring quality
home care for in-home care recipients.
(2) A provider of services described in paragraph (3) of
subdivision (a) shall retain the option of using paper timesheets,
consistent with policies and procedures applicable on December 31,
2010.
(3) A county that elects to use electronic timekeeping pursuant to
paragraph (1) shall maintain a toll-free telephone number to enable
providers and recipients to speak with someone to resolve problems
encountered with the electronic timekeeping process.
(c) (1) Notwithstanding the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement and administer
this section through all-county letters or similar instructions from
the director. Instructions
(2) Instructions issued pursuant
to this subdivision shall be developed in consultation with county
human services departments, representatives of providers and
recipients, the appropriate public authorities,
and other stakeholders.
(3) The all-county letters or instructions issued pursuant to this
subdivision shall include notice to all providers and recipients,
informing them of how electronic timekeeping works, a description of
procedural differences from existing processes, and information
regarding the continuing requirement to submit paper timesheets for
providers electing to use electronic timekeeping.
(d) Electronic timekeeping procedures adopted under this section
shall comply with all information and data requirements of the Case
Management Information and Payroll System (CMIPS) or, when it is
implemented, the new CMIPS developed pursuant to Section 12317.
(d)
(e) If any part of this section is found to conflict
with federal requirements prescribing conditions for the allocation
of federal funds to the state, the conflicting part shall not be
implemented, solely to the extent of the conflict. Any regulation
adopted pursuant to this section shall be consistent with federal
requirements prescribing conditions for the receipt of federal funds
by the state.
