Summary of IHSS Related Bills Recently Introduced; Assemblywoman Bates Proposing Background Checks

SACRAMENTO  - The following are several bills introduced last week (or recently) that deal with In-Home Supportive Services (not tied directly to the state budget bill for 2004-2005) [note: see separate Capitol News Reports on disability access/ADA elated bills, and also bills impacting other services for people with developmental and other disabilities].

Legislation that is sure to spark controversy when (and if) specific provisions are amended into the bill, is a call for finger printing and background checks for all In-Home Supportive Services workers, by Assemblywoman Patricia Bates (R-Laguna Niguel).  Similar legislation in previous years failed to pass, dividing recipients and advocates of IHSS services. Some advocates for older Californians want  checks to ensure safety for seniors, and some advocates for people with disabilities oppose mandatory checks because it could deny them rights to choose whoever they wish to be their IHSS worker. It is not clear if Bates' legislation would actually prohibit the hiring of any person who may have issues or problems with a background check.

SUMMARY OF IHSS RELATED LEGISLATION INTRODUCED
Listed in bill order (Senate bills first). Please note that this summary does NOT include bills currently still alive and moving through the process.  A full report on those bills will be issued later this week.

SB 1242 - IHSS
AUTHOR: Senator Sam Aanestad (R-Grass Valley)
STATUS: Introduced 2/13/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on after March 14.
WHAT THIS BILL DOES:  This bill would make technical, non substantive changes to these
provisions. (Deletes the word "such" from  Section 1.  Section 12301.05 of the Welfare and Institutions Code)
WHO THIS IMPACTS: At this point, this bill makes only a very very minor technical change to existing law.  Broadly, any IHSS related bill impacts recipients, workers and related agencies.

SB 1814 - IHSS PROVIDERS: WORKERS' COMPENSATION
AUTHOR: Senator Sam Aanestad (R-Grass Valley)
STATUS: Introduced 2/20/04 (not yet referred to a policy committee)
NEXT STEPS:  Can be heard or acted on after March 21.
WHAT THIS BILL DOES:  Would require the Department of Social Services  to assume responsibility for providing workers' compensation coverage for IHSS providers who are employed directly by a county.
BACKGROUND: Current law requires the Department of Social Services to assume responsibility for providing workers' compensation coverage for IHSS providers who are employees of nonprofit agencies and proprietary agencies that provide IHSS  pursuant to contracts with counties.
WHO THIS IMPACTS: IHSS providers (workers) employed directly by counties, and county governments

AB 2082 - IHSS: LOS ANGELES PUBLIC AUTHORITY
AUTHOR: Assemblymember Mark Ridley-Thomas (D-Los Angeles)
STATUS: Introduced 2/18/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted after March 18.
WHAT THIS BILL WOULD DO:
* Would establish specific requirements for an enabling ordinance required to be adopted by the County of Los Angeles (should the county decide  to establish a IHSS public authority). Would require the ordinance to include certain qualifications and procedures for the election of the governing board by recipients of in-home supportive services residing in the county, including the duties of the board of supervisors and the League of Women Voters who would oversee the process for nominating and the election of the governing board.
* Would require that if LA County opted for a public authority, that the governing board shall consist of 15 members, all of who shall be current or past recipients of  IHSS services. No member of the board of supervisors or an employee of the county shall serve on the governing board.
* Would require that the members of the governing board shall be elected in a secret ballot election by the IHSS recipients residing in LA county as of January 15 of the year in which
the election for the governing board is held.
* Would require that the term of the members of the governing board shall be 3 years, beginning on May 1 of the year in which the election for the governing board is held.  No member shall serve for more than two consecutive three-year terms.
* Would require that LA County shall provide the League of Women Voters with the names, addresses, and social security numbers of eligible voters for the purpose of the nomination and
election process.
* Would require that the first election of the governing board shall be completed by no later than April 1, 2005, and shall be conducted thereafter every three years.
* Would require that to be nominated, a person shall submit to the League of Women Voters a
nomination petition containing the names, signatures, and social security numbers of at least 1,000 eligible IHSS  voters.
WHO DOES THIS IMPACT: IHSS recipients, providers in Los Angeles County

AB 2145 - IHSS: DIRECT DEPOSIT WAGE PAYMENTS
AUTHOR: Assemblymember Mark Ridley-Thomas (D-Los Angeles)
STATUS: Introduced 2/19/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on after March 19.
WHAT THIS BILL DOES: Would allow an IHSS provider to authorize payment  for IHSS services through direct deposit under a program established by the State Controller.
WHO THIS IMPACTS: IHSS providers (workers), and the appropriate state agencies

AB 2414 - PERSONAL CARE SERVICES (IHSS)
AUTHOR: Assemblywoman Loni Hancock (D-Berkeley)
STATUS: Introduce 2/20/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on or after March 21.
WHAT THIS BILL WOULD DO: Would provide that when In-Home Supportive Services personal care services are provided by a contract with a nonprofit agency that is under the control of a public jurisdiction other than a county or a public authority (and the contract is for the purpose of providing personal care assistance on an emergency and short-term basis) that  the nonprofit agency may provide the same scope of supportive and personal care services as are included in the Medi-Cal and IHSS programs.
BACKGROUND: Personal care services provided to an individual who is eligible for Medi-Cal benefits as a categorically needy person are a Medi-Cal covered benefit. Current law also 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. Under current law, those services can be provided through employment of individual providers, a contract between a county and an entity who provides services, a contract between a county and a non-profit consortium, or the creation by the county of a public authority. Personal care services are available as a benefit under the IHSS program.
WHO THIS IMPACTS: Recipients and providers of IHSS services

AB 2493 - MEDI-CAL: CLAIMS FOR HEALTH CARE SERVICES
AUTHOR: Assemblywoman Sally Leiber (D-Mountain View)
STATUS: Introduced 2/20/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on after March 21.
WHAT THIS BILL DOES: Would exclude from the requirement that the Department of Health Services make a claim against the estate of a deceased person who received services provided under the Medi-Cal program those services provided under the IHSS program.
BACKGROUND:
Current law, with certain exceptions, requires the Department of Health Services to
claim against the estate of a deceased person who received Medi-Cal services, or against any recipient of the property of that deceased person by distribution or survival, an amount equal to the payments for Medi-Cal services received or the value of the property received by any recipient from the deceased person  by distribution or survival, whichever is less.
 Under current law, personal care services provided to eligible recipients of benefits under the IHSS program are included as benefits under the Medi-Cal program.
WHO THIS IMPACTS: People who receive IHSS services

AB 2534 - IHSS PROVIDERS: FINGERPRINT AND BACKGROUND CHECKS
AUTHOR: Assemblymember Patricia Bates (R-Laguna Niguel)
STATUS: Introduced 2/20/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on after March 21.
WHAT THIS BILL DOES:  Would declare the intent of the Legislature to enact legislation that would require IHSS providers to submit to a fingerprint and criminal record check in order to determine suitability to serve as a caregiver under the program, regardless of whether the recipient of the services has requested the fingerprint and criminal record check.
BACKGROUND: The bill has no specific details or provisions yet - and just states the intent to enact such legislation.  The issue of fingerprint and background checks has been very controversial among some recipients of IHSS services and providers.
WHO THIS IMPACTS: IHSS workers, recipients, public authorities and other agencies that contact or provide IHSS services.

AB 2747 - IHSS
AUTHOR: Assemblymember Bonnie Garcia (R-Cathedral City)
STATUS: Introduced 2/20/04 (not yet referred to a policy committee)
NEXT STEPS:  Can be heard or acted on after March 21.
WHAT THIS BILL DOES: Would make a technical, non substantive change to the definition of "supportive services", which currently means those necessary paramedical services that are ordered by a licensed health care professional, which persons could provide for themselves but their functional limitations.
WHO THIS IMPACTS: At this point, the bill makes only very minor changes, though broadly impacts IHSS recipients, workers, public authorities, etc.

AB 2822 - CHRONIC CARE INTEGRATION PILOT PROGRAM
AUTHOR: Assemblymember Lynn Daucher (R-Brea)
STATUS: Introduced 2/20/04 (not yet referred to a policy committee)
NEXT STEPS: Can be heard or acted on after March 21.
WHAT THIS BILL DOES:
* Would rename the current Long Term Care Integration Pilot  Program as the Chronic Care Integration (CCI) program, and establish it as an ongoing program.
* Would require that each of the CCI program sites provide for contractual arrangements for the provision of, and payment for, sufficient services to meet the medical, social, and supportive
needs, including the long-term care needs, of the eligible beneficiary in his or her home, community, residential facility, nursing facility, or other location.
* Would also revise the goals of the program to include, among other things, specified
medical services, and to require the department to coordinate the delivery of medical services, preferably through the integration of Medicare into the Medi-Cal CCI program.
* Would also require the Department of Health Services  to establish a CCI pilot project in San Diego County if that county elects to participate.
* Would require that each of the CCI pilot project sites voluntarily enroll eligible beneficiaries in a defined service area and accept capitation based on a per-member-per-month basis, and provide the full continuum of medical, social, and supportive services to all enrolled CCI pilot program beneficiaries.
* Would provide that a person who is covered for services under either the CCI program or the CCI pilot project shall not be eligible to receive IHSS services.
BACKGROUND: Daucher authored a similar bill last year, but the bill died in committee.
WHO THIS IMPACTS: IHSS recipients and workers (and related agencies) in areas where there would a CCI pilot project.

DISABILITY RIGHTS EVENTS BEING PLANNED IN THE COMING WEEK
* Statewide Disability Rights/Issues Townhall Telemeeting - Scheduled for February 25th, Wednesday afternoon, from 1:00 PM to 2:45 PM, featuring California Legislative Analyst Elizabeth Hill.  Over 30 locations connected by conference call lines, with an estimated 300 people with disabilities, families, community organizations, workers and other are expected to be on the line.  Please see CDCAN Capitol News Report #36, #38 and #39-2004 for details.
* IHSS Rallies - Scheduled for February 26th, Thursday from 10:30 AM to 12 noon at the State Capitol, West Steps, to mark the 100th day in office of Governor Arnold Schwarzenegger, and to protest his proposed cuts to people with developmental and other disabilities, people with traumatic brain injuries, and seniors who need in-home services and supports to remain in their own homes. The Governor proposed elimination of the IHSS residual program and other reductions and cuts to other parts of the IHSS program. Protests on the same day (though at DIFFERENT times) will also occur in five other cities (the starting and beginning times vary): Stockton and San Francisco (Northern California) and Los Angeles, San Bernardino and San Diego (Southern California), organized by California Homecare Council and California Cares.  See CDCAN Capitol Report #37-2004  for more details and more information]
* Disability Rights Voter Mobilization/Education Meeting - set for March 1, Monday evening, 6:30 PM to about 8 PM  at Alta California Regional Center (Brenda Smith Conference Room), 2135 Butano Dr, Sacramento to lay the groundwork for organizing people with developmental and other disabilities, and their families, community organizations who provide services and supports, workers, and other advocates to register to vote, to actually vote in the coming elections, and how to mobilize and unify disability communities across California to hold policy makers accountable on disability issues. The program will feature representatives from Project Vote Smart will be there as well as the California Disability Community Advocacy Network.  The training is sponsored  by Alta California Regional Center. For more information, contact Rob Biggar at 916/978-6276.  [see CDCAN Capitol Report #38-2004 later today for more details]

CONTRIBUTIONS NEEDED TO CONTINUE ADVOCACY EFFORT
VERY VERY URGENT!!!! Many thanks again,  to the friends, people with disabilities and their families, community organizations and others who have sent in generous and needed contributions and donations (individual thank you letters will be coming soon!). However, until grant funding is finalized, contributions from people and organizations is still very urgently needed to keep the advocacy efforts going for the next several months. Please make check or money order  to:  California Disability Community Action Network/Marty Omoto (or abbreviate CDCAN). CDCAN is not yet a non-profit organization (work on this will have this happen in within the next few months) Send contributions to: California Disability Community Action Network,  1225 8th Street Suite #480, Sacramento, CA  95814.  A method to contribute by credit card (through Paypal) is being set up on our website, at www.cdcan.org.