AB 2158: Home care services: in-home supportive services: registration and training.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-02-17
Existing law establishes the county-administered In-Home Supportive Services (IHSS) 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, the Home Care Services Consumer Protection Act, beginning January 1, 2016, provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. The act excludes specified persons and entities from the definition of a home care aide for purposes of registration, including individuals providing home care services under the IHSS program. Existing law requires affiliated home care aides, as defined, to complete specified training, including a minimum of 5 hours of entry-level training prior to presence with a client. Willful or repeated violation of these provisions is a crime.
This bill would additionally require an independent IHSS provider to be listed on the home care aide registry prior to providing home care services to a client, and would require an independent IHSS provider to complete the specified training required for an affiliated home care aide. The bill would define independent IHSS provider to mean an IHSS program provider who is not employed by a private, 3rd-party agency to provide home care services under the IHSS program. By expanding the definition of a crime, 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 no reimbursement is required by this act for a specified reason.
(a)Individuals who are not employed by a home care organization organization, but who provide home care services to a client may be listed on the home care aide registry.
(b)An affiliated home care aide shall be listed on the home care aide registry prior to providing home care services to a client.
(c)(1)Home care aides shall not include individuals who are providing home care services as part of their job duties through one of the following entities:
(A)Services authorized to be provided by a licensed home health agency under Chapter 8 (commencing with Section 1725).
(B)Services authorized to be provided by a licensed hospice pursuant to Chapter 8.5 (commencing with Section 1745).
(C)Services authorized to be provided by a licensed health facility pursuant to Chapter 2 (commencing with Section 1250).
(D)In-home supportive services provided pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. Code, except as provided in subdivision (e).
(E)A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500), a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), or a facility licensed pursuant to the California Child Day Care Facilities Act, (Chapter 3.4 (commencing with Section 1596.70)), which includes day care centers, as described in Chapter 3.5 (commencing with Section 1596.90), family day care homes, as described in Chapter 3.6 (commencing with Section 1597.30), and employer-sponsored child care centers, as described in Chapter 3.65 (commencing with Section 1597.70).
(F)A clinic licensed pursuant to Section 1204 or 1204.1.
(G)A home medical device retail facility licensed pursuant to Section 111656.
(H)An organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Chapter 1 (commencing with Section 4500) of Division 4.5 of the Welfare and Institutions Code) and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) to provide services and supports for persons with developmental disabilities, as defined in Section 4512 of the Welfare and Institutions Code, when funding for those services is provided through the State Department of Developmental Services and more than 50 percent of the recipients of the home care services provided by the organization are persons with developmental disabilities.
(I)An alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02.
(J)A facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) are placed and is either of the following:
(i)An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code.
(ii)A foster home that is licensed, approved, or specified by the Indian childs tribe pursuant to Section 1915 of Title 25 of the United States Code.
(2)Home care aides shall not include individuals providing services authorized to be provided pursuant to Section 2731 of the Business and Professions Code.
(d)Home care aides shall not include a nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code.
(e)An independent IHSS provider, as defined in Section 1796.44, shall be listed on the home care aide registry prior to providing home care services to a client.
(e)
(f)In the event of a conflict between this chapter and a provision listed in subdivision (b), (c), or (d), the provision in subdivision (b), (c), or (d) shall control.
SEC. 2.Section 1796.44 of the Health and Safety Code is amended to read:1796.44.(a)A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.
(b)An affiliated home care aide and an independent IHSS provider shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:
(1)Two hours of orientation training regarding his or her role as caregiver and the applicable terms of employment.
(2)Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.
(c)In addition to the requirements in subdivision (b), an affiliated home care aide and an independent IHSS provider shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:
(1)Clients rights and safety.
(2)How to provide for, and respond to, a clients daily living needs.
(3)How to report, prevent, and detect abuse and neglect.
(4)How to assist a client with personal hygiene and other home care services.
(5)If transportation services are provided, how to safely transport a client.
(d)The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
(e)For purposes of this section, independent IHSS provider means an In-Home Supportive Services program provider who is not employed by a private, third-party agency to provide home care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institution Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Feb 17, 2016 | Read first time. To print. |
| Feb 18, 2016 | From printer. May be heard in committee March 19. |
| Feb 29, 2016 | Referred to Com. on HUM. S. |
| Apr 12, 2016 | In committee: Hearing postponed by committee. |
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