Bill Text: CA SB891 | 2009-2010 | Regular Session | Amended
Bill Title: In-Home Supportive Services program: needs assessment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-27 - Held in committee and under submission. [SB891 Detail]
Download: California-2009-SB891-Amended.html
BILL NUMBER: SB 891 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 18, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Liu
JANUARY 25, 2010
An act to add Section 12309.5 to the Welfare and Institutions
Code, relating to In-Home Supportive Services
in-home supportive services .
LEGISLATIVE COUNSEL'S DIGEST
SB 891, as amended, Liu. In-Home Supportive Services program
: needs assessment.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons receive services enabling them to remain
in their home. Existing law requires the State Department of
Social Services to develop a uniform assessment tool to ensure that
IHSS services are delivered in all counties in a uniform manner
own homes .
Under existing law, personal care services provided to a qualified
individual who is eligible for Medi-Cal benefits are a Medi-Cal
covered benefit, under the Personal Care Services Program (PCSP).
Under existing law, the department is responsible for procuring
and implementing a new Case Management Information and Payroll System
(CMIPS) for the IHSS/PCSP program, including specified minimum
requirements, to provide case management, payroll, and management
information for the program.
Existing law requires the State Department of Social Services
to develop a uniform assessment tool to ensure that IHSS services
are delivered in all counties in a uniform manner. Existing law
requires counties to use the needs assessment tool to evaluate a
recipient's functioning in various activities, as prescribed, and to
quantify the recipient's functioning using a five-point
5-point scale to rank each function. Under
existing law, a recipient is assigned a functional index score, which
is a weighted average based on the recipient's individual rankings,
that is used in the assessment of IHSS services.
This bill would require the department and the State Department of
Health Care Services to jointly convene a stakeholder review
process, as specified, to obtain information and comments regarding
imposition of a tax on payments received by IHSS
in-home care providers , or entities that arrange for
the provision of that care, and the potential for increased
federal financial participation as a result of these tax revenues,
and alternatives to the state's methodology for deriving a functional
index score for IHSS consumers.
This bill would require the department and the State Department of
Health Care Services to jointly report stakeholder recommendations
to the Legislature no later than August 1, 2011, and to submit an
implementation plan based on the stakeholder recommendations no later
than November 1, 2011. This bill would require the department, in
consultation with the State Department of Health Care Services, to
obtain funding from private or public sources to finance the
stakeholder review process and implementation plan. This bill would
specify that no General Fund moneys shall be used for this purpose.
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 12309.5 is added to the Welfare and
Institutions Code, to read:
12309.5. (a) The department and the State Department of Health
Care Services shall jointly convene a stakeholder review process to
obtain information and comments regarding both of the following:
(1) The imposition of a tax on payments received by in-home
supportive services providers, care
providers, or entities that arrange for the provision of that care,
and the potential for increased federal financial participation
as a result of these tax revenues.
(2) Alternatives to the state's methodology for deriving a
functional index score for in-home supportive services consumers
that would more accurately reflect a consumer's relative dependence
on human assistance in order to live at home .
(b) The stakeholder review process required by this section shall
include statewide organizations representing the interests of
consumers, family members, service providers, and statewide advocacy
organizations, as well as appropriate policy and fiscal staff of the
Legislature.
(c) (1) The department and the State Department of Health Care
Services shall jointly report stakeholder recommendations to the
Legislature no later than August 1, 2011, and submit an
implementation plan based on the stakeholder recommendations no later
than November 1, 2011. In developing the implementation plan, the
departments shall consult with stakeholders and other experts on how
the plan will result in an accurate assessment of consumers'
functioning and need for assistance relative to the activities of
daily living. The implementation plan shall not be implemented prior
to the enactment of subsequent statutory authorization.
(2) The requirement for reporting stakeholder recommendations
report imposed under this subdivision is inoperative on August 1,
2015.
(3) The stakeholder recommendations required pursuant to this
subdivision shall be submitted in compliance with Section 9795 of the
Government Code.
(d) The department, in consultation with the State Department of
Health Care Services, shall obtain funding from private and public
sources to finance the stakeholder review process and implementation
plan, except that no General Fund moneys shall be used for this
purpose.
