Existing law provides for the county-administered In-Home Supportive Services program, 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 requires the application for in-home supportive services to contain a notice to the recipient that his or her provider or providers will be given written notice of the recipients authorized services and full number of services hours allotted to the recipient. Existing law also requires the application to inform recipients of 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.

This bill would require the county, upon receipt of an application for in-home supportive services, to provide the applicant with a confirmation number, as specified. By creating additional duties for counties, this 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.

Existing law provides for the county-administered In-Home Supportive Services program, 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 requires the application for in-home supportive services to contain a notice to the recipient that his or her provider or providers will be given written notice of the recipients authorized services and full number of services hours allotted to the recipient. Existing law also requires the application to inform recipients of 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.

This bill would require the county, upon receipt of an application for in-home supportive services, to provide the applicant with a confirmation number, as specified. By creating additional duties for counties, this 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.

Existing law provides for the county-administered In-Home Supportive Services program, 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 requires the application for in-home supportive services to contain a notice to the recipient that his or her provider or providers will be given written notice of the recipients authorized services and full number of services hours allotted to the recipient. Existing law also requires the application to inform recipients of 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.

This bill would require the county, upon receipt of an application for in-home supportive services, to provide the applicant with a confirmation number, as specified. The bill would require the county to process an application within 30 days. By creating additional duties for counties, this 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.

Existing law provides for the county-administered In-Home Supportive Services program, 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 requires the application for in-home supportive services to contain a notice to the recipient that his or her provider or providers will be given written notice of the recipients authorized services and full number of services hours allotted to the recipient. Existing law also requires the application to inform recipients of 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.

This bill would authorize a person to apply for in-home supportive services in person or through electronic means and would require the county, if an application is filed through electronic means, require the county, upon receipt of an application for in-home supportive services, to provide the applicant a confirmation number, as specified. The bill would require the county to process an application within 30 days. By creating additional duties for counties, this 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.

Existing law provides for the county-administered In-Home Supportive Services Program, program, 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 requires the application for in-home supportive services to contain a notice to the recipient that his or her provider or providers will be given written notice of the recipients authorized services and full number of services hours allotted to the recipient. Existing law also requires the application to inform recipients of 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.

This bill would authorize a person to apply for in-home supportive services in person or through electronic means and would require the county, if an application is filed through electronic means, to provide the applicant a confirmation number. number, as specified. The bill would require the county to process an application within 30 days. By creating additional duties for counties, this 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.

Existing law provides for the county-administered In-Home Supportive Services Program, 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 requires the application for in-home supportive services to contain a notice to the recipient that his or her provider or providers will be given written notice of the recipients authorized services and full number of services hours allotted to the recipient. Existing law also requires the application to inform recipients of 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.

This bill would authorize a person to apply for in-home supportive services in person or through electronic means and would require the county, if an application is filed through electronic means, to provide the applicant a confirmation number. The bill would require the county to process an application within 30 days. By creating additional duties for counties, this 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1797

Author:(Lackey and Weber)

As Amended Ver:August 1, 2016

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Requires the county, upon receipt of an application for in-home supportive services (IHSS), to provide the applicant with a confirmation number, as specified and further permits that confirmation number to be the individual's case number.

The Senate amendments:

1. Delete the bill's provisions stating that a person may apply for IHSS in person or through electronic means, as specified.
2. Require the county to provide a confirmation number for all IHSS applications received, and not just those filed through electronic means, as previously required by the bill.
3. Delete the bill's requirement that the county process an application for IHSS within 30 days of receipt of the completed application.

EXISTING LAW:

1. Establishes the IHSS program to provide supportive services, including domestic, protective supervision, personal care, and paramedical services as specified, to individuals who are aged, blind, or living with disabilities, and who are unable to perform the services themselves or remain safely in their homes without receiving these services. (Welfare and Institutions Code Section (WIC) 12300 et seq.)
2. States that counties may choose to contract with a nonprofit consortium or establish a public authority for the provision of IHSS services. Requires nonprofit consortia and public authorities to, among other things, establish a registry to assist recipients in locating IHSS providers, and to investigate the background and qualifications of potential providers, as specified. (WIC 12301.6)
3. Maintains an IHSS recipient's right to hire, fire, and supervise the work of any IHSS provider, regardless of the employer responsibilities of a public authority or nonprofit consortium, as specified. (WIC 12301.6)
4. Requires the application for IHSS to contain a notice to the recipient that his or her provider(s) will be given written notice of the recipient's authorized services and allotted hours and further requires the application to inform recipients of specified Medi-Cal contact information for reporting fraud or abuse. (WIC 12301.15)

FISCAL EFFECT: According the Senate Appropriations Committee, this bill was placed on the second reading file pursuant to Senate Rule 28.8.

COMMENTS:

In-Home Supportive Services: The IHSS program enables low-income individuals who are at least 65 years old, living with disabilities, or blind to remain in their own homes by paying for care providers to assist with personal care services (such as toileting, bathing, and grooming), domestic and related services (meal preparation, housecleaning, and the like), paramedical services, and protective supervision. Approximately 464,000 Californians receive IHSS, with approximately 99% receiving it as a Medicaid benefit.

When an individual is determined eligible for IHSS services by a county social worker, he or she is authorized for a certain number of hours of care. IHSS recipients are responsible for hiring, firing, directing, and supervising their IHSS workers. These responsibilities include some administrative duties, such as scheduling and signing timesheets; however, the state handles payroll. There are currently about 433,400 IHSS providers in the state; approximately 69% are relatives and an estimated 50% are live-in. Providers must complete an enrollment process, including submitting fingerprint images for a criminal background check and participating in a provider orientation prior to receiving payment for services.

Applying for IHSS: In order to apply for IHSS, an individual must fill out, or be assisted in filling out, an application in order to be assigned a caseworker who will complete the in-home needs assessment. Applications are typically filed over the telephone or in person at a county IHSS office, with the majority of applications being initiated over the phone. IHSS intake workers complete a paper application or enter information directly into the Case Management, Information and Payrolling System (CMIPS), which tracks case information and processes payments for IHSS. This process then generates a case number. Applicants must be sent the paper application to sign and return.

Need for this bill: According to the author, "Under current practice, when a person wants to apply for IHSS, it is usually done by telephone at the request of most counties. The issue which this bill addresses is one that has been raised by many IHSS beneficiaries and their advocates. Many IHSS applications filed over the phone get lost in the system. This problem is tremendously frustrating for beneficiaries who are elderly and disabled. This bill would adopt a regular business practice of giving the applicant a confirmation number…"

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003825

 THIRD READING  

Bill No: AB 1797

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/14/16

AYES: McGuire, Hancock, Liu, Nguyen

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 79-0, 4/21/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: Coalition of California Welfare Rights Organizations

DIGEST: This bill requires the county, upon receipt of an application for in-home supportive services (IHSS), to provide the applicant a confirmation number, as specified. 

ANALYSIS:

Existing law:

1. Establishes the IHSS program to provide defined supportive services for aged, blind, or disabled persons who are unable to perform the tasks themselves and who cannot safely remain in their homes unless such services are provided. Those supportive services include, but are not limited to, domestic services, heavy cleaning, personal care services, and accompaniment during travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, and paramedical services, as defined. (WIC 12300 et seq.)
2. Provides that a recipient who is authorized to receive IHSS supportive services shall direct those authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements, as specified. (WIC 12300.4)
3. Establishes county authority to contract with a nonprofit consortium or a public authority for the delivery of IHSS supportive services. Requires those nonprofit consortia and public authorities to establish a registry in order to assist IHSS recipients with hiring providers, and to investigate the background and qualifications of potential providers, as specified. (WIC 12301.6)
4. Requires that the application for IHSS services shall contain a notice to the recipient that his or her provider or providers will be given written notice of the recipient’s authorized services and full number of services hours allotted to the recipient. The application shall inform recipients of the Medi-Cal toll-free telephone fraud hotline and Internet Web site for reporting suspected fraud or abuse. (WIC 12301.15)

This bill:

1. Requires that, upon receipt of an application for IHSS services, the county must provide the applicant a confirmation number to serve as documentation that the application was filed.
2. Permits the county to use the applicant’s case number as the required confirmation number.

Background

According to the author, many IHSS applications that are filed telephonically have been getting lost in the system, and applicants are not told how to best track their applications. The author states that AB 1797 provides that any person who needs in-home services to avoid being placed in a nursing home shall receive a confirmation number for the application when applying by phone. AB 1797 allows the counties to use the currently issued case number as a confirmation number.

IHSS. The IHSS program, which is administered by the California Department of Social Services (CDSS) provides in-home services for low-income aged, blind and disabled individuals who are unable to perform the tasks themselves and who cannot safely remain in their homes unless these services are provided. IHSS recipients need those services in order to avoid out-of-home care.

IHSS services may include domestic and related services, like housework, meal preparation, laundry and shopping; personal care services; accompaniment to medical appointments; protective supervision for the mentally-impaired recipients who may place themselves at risk for injury; and hazard or accident and paramedical services when directed by a physician.

Potential IHSS recipients must apply for IHSS services with the county in which they reside. Often, these applications are initiated over the phone, but they can be completed in person at a county IHSS office. Either way, county workers assist with completing the application and enter information directly into the Case Management, Information and Payrolling System (CMIPS), which tracks case information and processes payments for IHSS. CMIPS generates a case number.

After the initial application is completed, a county social worker conducts a home visit to determine the type of services needed and the number of hours for each service. The county considers medical condition, living arrangement, and any resources that may already be available. The applicant also must submit a Health Care Certification Form, which is completed by the applicant’s doctor, and certifies the need for IHSS. This form must be completed before services can be authorized.

Once approved, the county notifies the IHSS recipient which services have been approved, how much time is authorized for each service, and how many total monthly hours have been approved. IHSS recipients are responsible for hiring, firing, directing and supervising their IHSS provider. These responsibilities include some administrative duties, such as scheduling and signing timesheets. However, the state handles payroll via CMIPS.

Providers must complete an enrollment process, including submitting fingerprints for a criminal background screening and participating in an orientation prior to receiving payment for services.

Approximately 464,000 Californians receive IHSS and about 99 percent of recipients receive IHSS as a Medicaid benefit. There are currently about 433,400 IHSS providers in the state. Approximately 69 percent are relatives and about 50 percent are live-in providers.

Related/Prior Legislation

AB 19 (Evans, Chapter 17, Statutes of 2009), a human services budget trailer bill, included a requirement that applications for IHSS shall provide written notice of the recipient’s authorized services and full number of service hours allotted to the recipient, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/2/16)

Coalition of California Welfare Rights Organizations (source)

AARP

Bet Tzedek Legal services

California Advocates for Nursing Home Reform

California Commission on Aging

California Council of the Blind

California In-Home Supportive Services Consumer Alliance

Disability Rights California

Law Foundation of Silicon Valley

Personal Assistance Services Council, the Los Angeles County Public Authority

Senior and Disability Action

The Arc & United Cerebral Palsy California Collaboration

UDW/AFSCME Local 3930

OPPOSITION: (Verified 8/2/16)

None received

ARGUMENTS IN SUPPORT: According to the sponsor, in order to receive the IHSS services an elderly, disabled or blind person must make an application for IHSS. Just about every county requires that the application be done telephonically. Sometimes, an application gets lost in the system. This has been a major issue for advocates representing IHSS recipients throughout the state for several years.

ASSEMBLY FLOOR: 79-0, 4/21/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Ridley-Thomas

Prepared by:

8/3/16 18:54:23

**** END ****

SENATE COMMITTEE ON HUMAN SERVICES

Senator McGuire, Chair

2015 - 2016 Regular

Bill No: AB 1797

Subject: In-home supportive services: application

SUMMARY

This bill authorizes a person to apply for in-home supportive services (IHSS) in person or through electronic means and requires the county, if an application is filed through electronic means, to provide the applicant a confirmation number, as specified. This bill also requires the county to process an application for IHSS within 30 days.

ABSTRACT

Existing law:

1. Establishes the IHSS program to provide defined supportive services for aged, blind, or disabled persons who are unable to perform the tasks themselves and who cannot safely remain in their homes unless such services are provided. Those supportive services include, but are not limited to, domestic services, heavy cleaning, personal care services, and accompaniment during travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, and paramedical services, as defined. (WIC 12300 et seq.)
2. Provides that a recipient who is authorized to receive IHSS supportive services shall direct those authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements, as specified. (WIC 12300.4)
3. Establishes county authority to contract with a nonprofit consortium or a public authority for the delivery of IHSS supportive services. Requires those nonprofit consortia and public authorities to establish a registry in order to assist IHSS recipients with hiring providers, and to investigate the background and qualifications of potential providers, as specified. (WIC 12301.6)
4. Requires that the application for IHSS services shall contain a notice to the recipient that his or her provider or providers will be given written notice of the recipient’s authorized services and full number of services hours allotted to the recipient. The application shall inform recipients of the Medi-Cal toll-free telephone fraud hotline and Internet Web site for reporting suspected fraud or abuse. (WIC 12301.15)

This bill:

1. Permits a person to apply for IHSS services in person or through electronic means, including, but not limited to, by telephone.
2. Requires that, if an application for IHSS services is filed through electronic means, the county shall provide the applicant a confirmation number to serve as documentation that the application was filed.
3. Permits the county to use the applicant’s case number as the required confirmation number.
4. Requires the county to process an application for IHSS services within 30 days of receipt of the completed application.

FISCAL IMPACT

According to an analysis prepared by Assembly Appropriations Committee, there would be a negligible cost to counties. Because the bill is clear that case numbers, which are automatically generated through the existing application process, can be given as confirmation numbers the county costs would not likely to be significant enough to file a claim for a state mandated reimbursement. Further, the 30 day processing period required in the bill is currently required by regulation.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, many IHSS applications that are filed telephonically have been getting lost in the system, and applicants are not told how to best track their applications. The author states that AB 1797 would provide that any person who needs in-home services to avoid being placed in a nursing home shall have the right to apply for services in-person or by telephone and receive a confirmation number for the application when applying by phone. AB 1797 would allow the counties to use the currently issued case number as a confirmation number. Furthermore, the bill would require that IHSS applications be acted upon within 30 days.

In Home Support Services

The IHSS program, which is administered by the California Department of Social Services (CDSS) provides in-home services for low-income aged, blind and disabled individuals who are unable to perform the tasks themselves and who cannot safely remain in their homes unless these services are provided. IHSS recipients need those services in order to avoid out-of-home care.

IHSS services may include domestic and related services, like housework, meal preparation, laundry and shopping; personal care services; accompaniment to medical appointments; protective supervision for the mentally-impaired recipients who may place themselves at risk for injury; and hazard or accident and paramedical services when directed by a physician.

Potential IHSS recipients must apply for IHSS services with the county in which they reside. Often, these applications are initiated over the phone, but they can be completed in person at a county IHSS office. Either way, county workers assist with completing the application and enter information directly into the Case Management, Information and Pay rolling System (CMIPS), which tracks case information and processes payments for IHSS. CMIPS generates a case number.

After the initial application is completed, a county social worker conducts a home visit to determine the type of services needed and the number of hours for each service. The county considers medical condition, living arrangement, and any resources that may already be available. The applicant also must submit a Health Care Certification Form, which is completed by the applicant’s doctor, and certifies the need for IHSS. This form must be completed before services can be authorized.

Once approved, the county notifies the IHSS recipient which services have been approved, how much time is authorized for each service, and how many total monthly hours have been approved. IHSS recipients are responsible for hiring, firing, directing and supervising their IHSS provider. These responsibilities include some administrative duties, such as scheduling and signing timesheets. However, the state handles payroll via CMIPS.

Providers must complete an enrollment process, including submitting fingerprints for a criminal background screening and participating in an orientation prior to receiving payment for services.

Approximately 464,000 Californians receive IHSS and about 99% of recipients receive IHSS as a Medicaid benefit. There are currently about 433,400 IHSS providers in the state. Approximately 69 percent are relatives and about 50 percent are live-in providers.

Related legislation:

Assembly Bill 19 (Evans, Chapter 17, Statutes of 2009) a human services budget trailer bill, included a requirement that applications for IHSS shall provide written notice of the recipient’s authorized services and full number of services hours allotted to the recipient, as specified.

COMMENTS

CDSS regulations already require that applications be processed within 30 days of the date the application is complete. Specifically, the regulations require that the application shall be processed, including eligibility determination and needs assessment, and that notice of action must be mailed no later than 30 days following the date the written application is completed. There is an exemption to the 30-day requirement when a disability determination has not been received, as specified.^[1] Therefore, codifying a 30-day processing timeline is consistent with current practices.

Additionally, CDSS issued All County Letter #12-36 which requires the counties to issue a confirmation number to the IHSS applicant. The letter reads, in part, “At the time the application information is entered in either Legacy CMIPS or CMIPS II, a case number will be assigned to the applicant. Legacy counties, to the extent that current business practice allows, and all CMIPS II counties shall provide the case number to the applicant or their authorized representative before the end of the telephone call during which the application is taken, or before they leave the IHSS office so the applicant or their authorized representative will be able to refer to the case number in any communications with the county.”

According to CDSS, most counties do not accept IHSS applications in-person and none of the counties have an electronic means to accept IHSS applications. The majority of IHSS applications are initiated via telephone. As it currently reads, AB 1797 references electronic and in-person application processes which are generally not available. Therefore, the following amendment is suggested:

WIC 12301.16.

(a) A person may apply for in-home supportive services in person or through electronic means, including, but not limited to, by telephone. If an application is filed through electronic means, Upon receipt of an application for in-home supportive services, the county shall provide the applicant a confirmation number to serve as documentation that the applicant filed an application for in-home supportive services. The county may use the case number as the confirmation number.

While these amendments acknowledge the fact that the technology to apply online for IHSS does not exist, the committee encourages the department to consider creating an online platform that would modernize the application process and other services to IHSS applicants, recipients and providers.

PRIOR VOTES

POSITIONS

Support:

Coalition of California Welfare Rights Organizations (Sponsor)

AARP California

Bet Tzedek Legal services

California Advocates for Nursing Home Reform

Disability Rights California

Senior and Disability Action

The California Commission on Aging

The California In-Home Supportive Services Consumer Alliance (CICA)

The Law Foundation of Silicon Valley

The Personal Assistance Services Council, the Los Angeles County Public Authority

UDW/AFSCME Local 3930

Oppose:

None

-- END --

1. CDSS Manual of Policies and Procedures Section 30-759.2 ↑

Date of Hearing: April 13, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1797

Author:(Lackey) – As Amended Ver:February 25, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill allows an individual to apply for in-home supportive services (IHSS) either in-person or through electronic means, including by telephone, and requires the county, if the application is filed through electronic means, to provide a confirmation number. The bill permits the county to use the case number as the confirmation number. Further, the bill codifies the existing regulation requiring the county to process an IHSS application within 30 days of receipt of the completed application.

FISCAL EFFECT:

Negligible costs to counties. Although potentially a reimbursable state mandate it is unlikely a county would incur sufficient costs to file a claim. Specifically, the bill is clear that case numbers (generated automatically through the existing application process) can be given as confirmation numbers. Further, the 30 day processing period required in the bill is currently required through regulations.

COMMENTS:

1. Purpose. According to the author, “Under current practice, when a person wants to apply for IHSS, it is usually done by telephone at the request of most counties. The issue which this bill addresses is one that has been raised by many IHSS beneficiaries and their advocates. Many IHSS applications filed over the phone get lost in the system. This problem is tremendously frustrating for beneficiaries who are elderly and disabled. This bill would adopt a regular business practice of giving the applicant a confirmation number when the application is filed [electronically, including] by telephone.”
2. Background. The IHSS program enables low-income individuals who are at least 65 years old, living with disabilities, or blind to remain in their own homes by paying for care providers to assist with personal care services (such as toileting, bathing, and grooming), domestic and related services (meal preparation, housecleaning, etc.), paramedical services, and protective supervision. Approximately 464,000 Californians receive IHSS, with approximately 99% receiving it as a Medicaid benefit.

To apply for IHSS, an individual must fill out an application in order to be assigned a caseworker who will complete the in-home needs assessment. Applications are typically filed over the telephone or in person at a county IHSS office, with the majority of applications being initiated over the phone. IHSS intake workers complete a paper application or enter information directly into the Case Management, Information and Payrolling System (CMIPS), which tracks case information and processes payments for IHSS. This process then generates a case number. Applicants must be sent the paper application to sign and return. This bill would require that the applicant be provided with a confirmation number, when applying by telephone.

Upon receipt of applications for IHSS, existing regulations require that applications must be processed and a notice of action mailed no later than 30 days following the date the written application is completed, with a few exceptions. This bill seeks to codify this regulation.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 29, 2016

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Susan Bonilla, Chair

ABPCA Bill Id:AB 1797 (

Author:Lackey) – As Amended Ver:February 25, 2016

SUBJECT: In-home supportive services: application

SUMMARY: Provides for alternate modes of application for in-home supportive services (IHSS), confirmation of application, and a timeframe for the processing of applications.

Specifically, this bill:

1. Permits an individual to apply for IHSS in person or through electronic means, including, but not limited to, by telephone.
2. Requires the county to provide an applicant filing through electronic means with a confirmation number, as specified, and further permits that confirmation number to be the individual’s case number.
3. Requires the county to process an application for IHSS within 30 days.

EXISTING LAW:

1. Establishes the IHSS program to provide supportive services, including domestic, protective supervision, personal care, and paramedical services as specified, to individuals who are aged, blind, or living with disabilities, and who are unable to perform the services themselves or remain safely in their homes without receiving these services. (WIC 12300 et seq.)
2. States that counties may choose to contract with a nonprofit consortium or establish a public authority for the provision of IHSS services. Requires nonprofit consortia and public authorities to, among other things, establish a registry to assist recipients in locating IHSS providers, and to investigate the background and qualifications of potential providers, as specified. (WIC 12301.6)
3. Maintains an IHSS recipient’s right to hire, fire, and supervise the work of any IHSS provider, regardless of the employer responsibilities of a public authority or nonprofit consortium, as specified. (WIC 12301.6)
4. Requires the application for IHSS to contain a notice to the recipient that his or her provider(s) will be given written notice of the recipient’s authorized services and allotted hours and further requires the application to inform recipients of specified Medi-Cal contact information for reporting fraud or abuse. (WIC 12301.15)

FISCAL EFFECT: Unknown.

COMMENTS:

In-Home Supportive Services: The IHSS program enables low-income individuals who are at least 65 years old, living with disabilities, or blind to remain in their own homes by paying for care providers to assist with personal care services (such as toileting, bathing, and grooming), domestic and related services (meal preparation, housecleaning, and the like), paramedical services, and protective supervision. Approximately 464,000 Californians receive IHSS, with approximately 99% receiving it as a Medicaid benefit.

When an individual is determined eligible for IHSS services by a county social worker, he or she is authorized for a certain number of hours of care. IHSS recipients are responsible for hiring, firing, directing, and supervising their IHSS workers. These responsibilities include some administrative duties, such as scheduling and signing timesheets; however, the state handles payroll. There are currently about 433,400 IHSS providers in the state; approximately 69% are relatives and an estimated 50% are live-in. Providers must complete an enrollment process, including submitting fingerprint images for a criminal background check and participating in a provider orientation prior to receiving payment for services.

Applying for IHSS: In order to apply for IHSS, an individual must fill out, or be assisted in filling out, an application in order to be assigned a caseworker who will complete the in-home needs assessment. Applications are typically filed over the telephone or in person at a county IHSS office, with the majority of applications being initiated over the phone. IHSS intake workers complete a paper application or enter information directly into the Case Management, Information and Payrolling System (CMIPS), which tracks case information and processes payments for IHSS. This process then generates a case number. Applicants must be sent the paper application to sign and return.

Upon receipt of applications for IHSS, according to the Department of Social Services’ Manual of Policies and Procedures Section 30-759.2, “Applications shall be processed, including eligibility determination and needs assessment, and notice of action mailed no later than 30 days following the date the written application is completed. An exception may be made for this requirement when a disability determination [as specified] has not been received in the 30-day period. Services shall be provided, or arrangements for their provision shall have been made, within 15 days after an approval notice of action is mailed.” This bill seeks to codify this regulation.

Need for this bill: According to the author, “Under current practice, when a person wants to apply for IHSS, it is usually done by telephone at the request of most counties. The issue which this bill addresses is one that has been raised by many IHSS beneficiaries and their advocates. Many IHSS applications filed over the phone get lost in the system. This problem is tremendously frustrating for beneficiaries who are elderly and disabled. This bill would adopt a regular business practice of giving the applicant a confirmation number when the application is filed by telephone.”

REGISTERED SUPPORT / OPPOSITION:

Support

AARP

Bet Tzedek

Bet Tzedek Legal Services

California Advocates for Nursing Home Reform (CANHR)

California Alliance for Retired Americans

California In-Home Supportive Services Consumer Alliance

Coalition of California Welfare Rights Organizations, Inc. – sponsor

Disability Rights California

Educate. Advocate

Justice in Aging

Personal Assistance Services Council (PASC)

Senior and Disability Action

The Law Foundation of Silicon Valley

UDW/AFSCME Local 3930

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089