California Legislature—2013–14 Regular Session

Assembly BillNo. 1703


Introduced by Assembly Member Hall

(Principal coauthor: Senator Beall)

February 13, 2014


An act to amend Section 12300 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1703, as introduced, Hall. In-home supportive services: reading services for blind and visually impaired recipients.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions.

Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, or by or through contract by the county, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Under existing law, county welfare departments are required to provide visually impaired applicants and recipients with information on, and referral services to, entities that provide reading services to visually impaired persons. Existing law defines “supportive services” for purposes of the IHSS program.

This bill would include within the definition of supportive services designated reading assistance services to a recipient of services under the IHSS program who is blind or visually impaired, or who has another disability that affects his or her ability to read. By expanding the scope of available services under the IHSS program, this bill would impose a state-mandated local program.

The bill would also require the Director of Health Care Services to seek any federal approvals necessary to ensure that Medicaid funds may be used in implementing this provision.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 12300 of the Welfare and Institutions
2Code
is amended to read:

3

12300.  

(a) The purpose of this article is to provide in every
4county in a manner consistent with this chapter and the annual
5Budget Act those supportive services identified in this section to
6aged, blind, or disabled persons, as defined under this chapter,
7who are unable to perform the services themselves and who cannot
8safely remain in their homes or abodes of their own choosing unless
9these services are provided.

10(b) Supportive services shall include domestic services and
11services related to domestic services, heavy cleaning, personal
12care services, accompaniment by a provider when needed during
13necessary travel to health-related appointments or to alternative
14resource sites, yard hazard abatement, protective supervision,
15teaching and demonstration directed at reducing the need for other
16supportive services,begin delete andend delete paramedical servicesbegin delete whichend deletebegin insert thatend insert make it
17possible for the recipient to establish and maintain an independent
18livingbegin delete arrangement.end deletebegin insert arrangement, and assistance in reading and
19completing financial and other documents for a recipient who is
20blind or visually impaired, or who has another disability that
21affects his or her ability to read.end insert

22(c) Personal care services shall mean all of the following:

23(1) Assistance with ambulation.

P3    1(2) Bathing, oral hygiene, and grooming.

2(3) Dressing.

3(4) Care and assistance with prosthetic devices.

4(5) Bowel, bladder, and menstrual care.

5(6) Repositioning, skin care, range of motion exercises, and
6transfers.

7(7) Feeding and assurance of adequate fluid intake.

8(8) Respiration.

9(9) Assistance with self-administration of medications.

10(d) Personal care services are available if these services are
11provided in the beneficiary’s home and other locations as may be
12authorized by the director. Among the locations that may be
13authorized by the director under this paragraph is the recipient’s
14place of employment if all of the following conditions are met:

15(1) The personal care services are limited to those that are
16currently authorized for a recipient in the recipient’s home and
17those services are to be utilized by the recipient at the recipient’s
18place of employment to enable the recipient to obtain, retain, or
19return to work. Authorized services utilized by the recipient at the
20recipient’s place of employment shall be services that are relevant
21and necessary in supporting and maintaining employment.
22However, workplace services shall not be used to supplant any
23reasonable accommodations required of an employer by the
24Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.;
25ADA) or other legal entitlements or third-party obligations.

26(2) The provision of personal care services at the recipient’s
27place of employment shall be authorized only to the extent that
28the total hours utilized at the workplace are within the total personal
29care services hours authorized for the recipient in the home.
30Additional personal care services hours may not be authorized in
31connection with a recipient’s employment.

32(e) begin deleteWhere end deletebegin insertWhen end insertsupportive services are provided by a person
33having the legal duty pursuant to the Family Code to provide for
34the care of his or her child who is the recipient, the provider of
35supportive services shall receive remuneration for the services
36only when the provider leaves full-time employment or is prevented
37from obtaining full-time employment because no other suitable
38provider is available andbegin delete whereend deletebegin insert whenend insert the inability of the provider
39to provide supportive services may result in inappropriate
40placement or inadequate care.

P4    1These providers shall be paid only for the following:

2(1) Services related to domestic services.

3(2) Personal care services.

4(3) Accompaniment by a provider when needed during necessary
5travel to health-related appointments or to alternative resource
6sites.

7(4) Protective supervision only as needed because of the
8functional limitations of the child.

9(5) Paramedical services.

10(f) To encourage maximum voluntary services, so as to reduce
11governmental costs, respite care shall also be provided. Respite
12care is temporary or periodic service for eligible recipients to
13relieve persons who are providing care without compensation.

14(g) A person who is eligible to receive a service or services
15under an approved federal waiver authorized pursuant to Section
1614132.951, or a person who is eligible to receive a service or
17services authorized pursuant to Section 14132.95, shall not be
18eligible to receive the same service or services pursuant to this
19article. In the event that the waiver authorized pursuant to Section
2014132.951, as approved by the federal government, does not extend
21eligibility to all persons otherwise eligible for services under this
22article, or does not cover a service or particular services, or does
23not cover the scope of a service that a person would otherwise be
24eligible to receive under this article, those persons who are not
25eligible for services, or for a particular service under the waiver
26or Section 14132.95 shall be eligible for services under this article.

27(h) (1) All services provided pursuant to this article shall be
28equal in amount, scope, and duration to the same services provided
29pursuant to Section 14132.95, including any adjustments that may
30be made to those services pursuant to subdivision (e) of Section
3114132.95.

32(2) Notwithstanding any other provision of this article, the rate
33of reimbursement for in-home supportive services provided through
34any mode of service shall not exceed the rate of reimbursement
35established under subdivision (j) of Section 14132.95 for the same
36mode of service unless otherwise provided in the annual Budget
37Act.

38(3) The maximum number of hours available under Section
3914132.95, Section 14132.951, and this section, combined, shall
40be 283 hours per month. Any recipient of services under this article
P5    1shall receive no more than the applicable maximum specified in
2Section 12303.4.

begin insert

3(i) The Director of Health Care Services shall seek any federal
4approvals necessary to ensure that Medicaid funds may be used
5in implementing the amendments to this section made by the act
6adding this subdivision.

end insert
7

SEC. 2.  

If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.



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