AB 1021: In-home supportive services: application.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-31
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.
This bill would require each county to accept applications for benefits under the program by telephone, through facsimile, or in person, or, if the county is capable of accepting online applications or applications via email for benefits under the program, by email or other electronic means. 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 the statutory provisions noted above.
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.
This bill would require each county to accept applications for benefits under the program by telephone, through facsimile, or in person, or, if the county is capable of accepting online applications or applications via email for benefits under the program, by email or other electronic means. 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 the statutory provisions noted above.
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.
This bill would require each county to accept applications for benefits under the program by telephone, through facsimile, or in person, or by email, or, if the county is capable of accepting online applications or applications via email for benefits under the program, by email or other electronic means. 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 the statutory provisions noted above.
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.
This bill would require each county to accept applications for benefits under the program by telephone, through facsimile, in person, or by email, or, if the county is capable of accepting online applications for benefits under the program, by other electronic means. 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 the statutory provisions noted above.
Each county human services agency shall accept applications for benefits under this article by telephone, through facsimile, or in person, or, if the county is capable of accepting online applications or applications via email for benefits under this article, by email or other electronic means.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Each county human services agency shall accept applications for benefits under this article by telephone, through facsimile, or in person, or, if the county is capable of accepting online applications or applications via email for benefits under this article, by email or other electronic means.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Each county human services agency shall accept applications for benefits under this article by telephone, through facsimile, or in person, or by email, or, if the county is capable of accepting online applications or applications via email for benefits under this chapter, by article, by email or other electronic means.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
REVISIONS: HeadingLines 4 and 5.Each county human services agency shall accept applications for benefits under this article by telephone, through facsimile, in person, or by email, or, if the county is capable of accepting online applications for benefits under this chapter, by other electronic means.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Jul 31, 2017 | Chaptered by Secretary of State - Chapter 146, Statutes of 2017. |
| Jul 31, 2017 | Approved by the Governor. |
| Jul 21, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Jul 17, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 17, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jun 27, 2017 | Read second time. Ordered to third reading. |
| Jun 26, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 14, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| Jun 1, 2017 | Referred to Com. on HUMAN S. |
| May 18, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1618.) |
| May 11, 2017 | Read second time. Ordered to Consent Calendar. |
| May 10, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10). |
| Mar 30, 2017 | Coauthors revised. |
| Mar 29, 2017 | Coauthors revised. |
| Mar 29, 2017 | Re-referred to Com. on APPR. |
| Mar 28, 2017 | Read second time and amended. |
| Mar 27, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 21). |
| Mar 6, 2017 | Referred to Com. on HUM. S. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 17, 2017 | Motion to Concur | Senate Floor |
Passed |
|
| Jun 13, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| May 18, 2017 | AB 1021 BAKER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AFSCME Local 3930 | ** Support | Jun 28, 2017 |
| Asian Law Alliance | ** Support | Jun 28, 2017 |
| Coalition of California Welfare Rights Organizations, Inc. | ** Support | Jun 28, 2017 |
| Disability Rights California | ** Support | Jun 28, 2017 |
| Personal Assistance Services Council | ** Support | Jun 28, 2017 |
| the personal assistance services council | ** Support | Jun 9, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1021
:
SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/13/17
AYES: Wiener, Glazer, Newman, Nguyen
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
SOURCE: Coalition of California Welfare Rights Organizations, Inc.
DIGEST:
This bill requires each county to accept applications for In Home Supportive Services (IHSS) benefits by telephone, through facsimile, or in person, or by email or other electronic means if the county is capable of accepting online applications or applications via email for benefits.
Existing law:
- 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.)
- Defines “authorized representative” to mean an individual who is designated in writing by an applicant for or recipient of IHSS to accompany, assist, and represent the applicant or recipient for purposes related to the program, including, but not limited to, the application process, direction of services, and redetermination of eligibility. (WIC 12300.3)
- Requires that a recipient who is authorized to receive IHSS direct those authorized services, and the authorized services be performed by a provider or providers within a workweek and in a manner that complies with the requirements, as specified. (WIC 12300.4)
- Requires that the application for IHSS 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)
- Requires the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, as specified and further permits that confirmation number to be the individual's case number. (WIC 12301.16)
This bill requires each county human services agency to accept applications for benefits under this article by telephone, through facsimile, or in person, or, if the county is capable of accepting online applications or applications via email for benefits under this article, by email or other electronic means.
Background
According to the author, in many counties elderly and disabled people in need of IHSS are not able to apply for IHSS the same way they are able to apply for CalFresh benefits. For CalFresh benefits, customers can apply online, by mail, in-person, by fax or telephonically. For IHSS applications, most counties allow customers to apply only by phone. The author states, “Many people who apply to IHSS have increased difficulty utilizing the limited application options because of their conditions. This bill would provide that an IHSS applicant can apply for IHSS benefits with the same process that he or she uses to apply for CalFresh benefits.”
IHSS Program
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 certain tasks themselves and who cannot safely remain in their homes unless these services are provided.
IHSS may include domestic and related services, like housework, meal preparation, laundry and shopping; personal care services. IHSS also may include accompaniment to medical appointments, protective supervision for mentally-impaired recipients who may place themselves at risk of injury, and hazard or accident and paramedical services, when directed by a physician.
According to CDSS, approximately 466,500 Californians receive IHSS each month, with about 98 percent receiving it as a Medicaid benefit. The remaining two percent are state-only funded. As of February 2017, there were about 460,500 eligible IHSS providers in the state; approximately 69 percent of whom are relatives of the IHSS recipient, and 44 percent of whom are relatives who live in the same home as the recipient.
IHSS Application Process
Individuals interested in receiving IHSS services must apply to the county in which they reside. Applications are typically taken over the telephone or applications can be mailed or faxed to the county office. In some circumstances, applications can be taken in person at a county IHSS office. However, the majority of applications are initiated over the phone.
Regardless of how the application is initiated, county workers assist with completing the application and enter information directly into the Case Management, Information and Payrolling System II (CMIPS II), which tracks case information and processes payments for IHSS. CMIPS II generates a case number and counties are required to provide the case number to the applicant or the applicant’s authorized representative.
IHSS application processes have been established by WIC 11050 and CDSS’s Manual of Policies and Procedures (MPP). Relevant regulations pertaining to timely processing if IHSS applications include:
- MPP Section 30-009.222 states, “A person who indicates to the (county welfare department) a desire to apply for services shall be afforded the opportunity to apply immediately.”
- MPP Section 30-009.224 states, “If the request for services is received by telephone or letter, a social service staff member, with the express authorization of the applicant, may sign the application.”
- MPP Section 30-009.227 states, “The application shall be acted on promptly and the decision on it shall be rendered as soon as possible, but not later than 30 days following the date of application.”
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 the recipient’s ability to perform activities of daily living, medical condition, living arrangement, and any resources that may already be available. This must be completed within 30 days, unless certain documentation is missing from the application, and services must be arranged for within 15 days of the date the approval for service is mailed.
Comments
This bill seeks to modernize the IHSS program by authorizing counties to receive IHSS applications via email or other electronic means, if the county is capable of doing so. Currently, counties may accept Medi-Cal, CalWORKs and CalFresh applications online, but this functionality is not available for IHSS applications. Although online applications are available, security, privacy, or other technological concerns restrict the facilitation of email applications for many human services programs, including IHSS.
This bill also requires that counties must accept IHSS applications in person, which, while already permissible, may not be the current practice in some county offices.
Related/Prior Legislation
AB 1797 (Lackey, Chapter 402, Statutes of 2016) required the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, and permitted that confirmation number to be the individual's case number.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Coalition of California Welfare Rights Organizations, Inc. (source)
Asian Law Alliance
Disability Rights California
Personal Assistance Services Council
UDW/AFSCME Local 3930
OPPOSITION: (Verified 6/28/17)
None received
ARGUMENTS IN SUPPORT: According to the sponsor, the Coalition of California Welfare Rights Organizations, Inc., “In many counties elderly and disabled in need of In-Home Supportive Services (IHSS) are not able to apply (for) IHSS the same way that they are able to apply for food stamps. Food stamps customers can apply on-line, by mail, in-person, by fax or telephonically. Giving IHSS applicants a variety of ways to apply for benefits as beneficiaries of most other public benefits are afforded is the right thing to do.”
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
6/28/17 17:07:52
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 1021
Author: | Baker | ||
Version: | March 28, 2017 | Hearing Date: | June 13, 2107 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taryn Smith | ||
Subject: In-home supportive services: application
SUMMARY
This bill requires each county to accept applications for In Home Supportive Services (IHSS) benefits by telephone, through facsimile, or in person, or by email or other electronic means if the county is capable of accepting online applications or applications via email for benefits.
ABSTRACT
Existing law:
- 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.)
- Defines “authorized representative” to means an individual who is designated in writing by an applicant for or recipient of IHSS to accompany, assist, and represent the applicant or recipient for purposes related to the program, including, but not limited to, the application process, direction of services, and redetermination of eligibility. (WIC 12300.3)
- Requires 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)
- 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)
- Requires the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, as specified and further permits that confirmation number to be the individual's case number. (WIC 12301.16)
This bill:
- Requires each county human services agency to accept applications for benefits under this article by telephone, through facsimile, or in person, or, if the county is capable of accepting online applications or applications via email for benefits under this article, by email or other electronic means.
FISCAL IMPACT
According to an analysis prepared by the Assembly Appropriations Committee, this bill will likely generate negligible costs to counties. Although potentially a reimbursable state mandate, it is unlikely a county would incur sufficient costs to file a claim.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, in many counties elderly and disabled people in need of in-home supportive Services (IHSS) are not able to apply for IHSS the same way they are able to apply for CalFresh benefits. For CalFresh benefits, customers can apply online, by mail, in-person, by fax or telephonically. For IHSS applications, most counties allow customers to apply only by phone. The author states, “Many people who apply to IHSS have increased difficulty utilizing the limited application options because of their conditions. This bill would provide that an IHSS applicant can apply for IHSS benefits with the same process that he or she uses to apply for CalFresh benefits.”
In-Home Supportive Services (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 certain tasks themselves and who cannot safely remain in their homes unless these services are provided.
IHSS services may include domestic and related services, like housework, meal preparation, laundry and shopping; personal care services. IHSS services also may include accompaniment to medical appointments, protective supervision for mentally-impaired recipients who may place themselves at risk of injury, and hazard or accident and paramedical services, when directed by a physician.
According to CDSS, approximately 466,500 Californians receive IHSS each month, with about 98 percent receiving it as a Medicaid benefit. The remaining two percent are state-only funded. As of February 2017, there were about 460,500 eligible IHSS providers in the state; approximately 69 percent of whom are relatives of the IHSS recipient, and 44 percent of whom are relatives who live in the same home as the recipient.
IHSS Application Process
Individuals interested in receiving IHSS services must apply to the county in which they reside. Applications are typically taken over the telephone or applications can be mailed or faxed to the county office. In some circumstances, applications can be taken in person at a county IHSS office. However, the majority of applications are initiated over the phone.
Regardless of how the application is initiated, county workers assist with completing the application and enter information directly into the Case Management, Information and Payrolling System II (CMIPS II), which tracks case information and processes payments for IHSS. CMIPS II generates a case number and counties are required to provide the case number to the applicant or the applicant’s authorized representative.
IHSS application processes have been established by WIC 11050 and CDSS’s Manual of Policies and Procedures (MPP). Relevant regulations pertaining to timely processing if IHSS applications include:
- MPP Section 30-009.222 states, “A person who indicates to the (county welfare department) a desire to apply for services shall be afforded the opportunity to apply immediately.”
- MPP Section 30-009.224 states, “If the request for services is received by telephone or letter, a social service staff member, with the express authorization of the applicant, may sign the application.”
- MPP Section 30-009.227 states, “The application shall be acted on promptly and the decision on it shall be rendered as soon as possible, but not later than 30 days following the date of application.”
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 the recipient’s ability to perform activities of daily living, medical condition, living arrangement, and any resources that may already be available. This must be completed within 30 days, unless certain documentation is missing from the application, and services must be arranged for within 15 days of the date the approval for service is mailed.
Related legislation:
AB 1797 (Lackey, Chapter 402, Statutes of 2016) required the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, and permitted that confirmation number to be the individual's case number.
COMMENTS
This bill seeks to modernize the IHSS program by authorizing counties to receive IHSS applications via email or other electronic means, if the county is capable of doing so. Currently, counties may accept Medi-Cal, CalWORKs and CalFresh applications online, but this functionality is not available for IHSS applications. Although online applications are available, security, privacy, or other technological concerns restrict the facilitation of email applications for many human services programs, including IHSS.
The bill also requires that counties must accept IHSS applications in person, which, while already permissible, may not be the current practice in some county offices.
PRIOR VOTES
Assembly Floor: | 69-0 |
Assembly Appropriations Committee: | 17 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Coalition of California Welfare Rights Organizations (Sponsor)
Disability Rights California
The Asian Law Alliance
The Personal Assistance Services Council
UDW/AFSCME Local 3930
Oppose:
None received.
-- END --
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1021
Author:(Baker) – As Amended Ver:March 28, 2017
Policy Committee: | Human Services | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires a county human services agency to accept applications for in-home supportive services (IHSS) by telephone, facsimile, in-person, or by email or other electronic means, if a county is capable of accepting online applications or applications via email.
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.
COMMENTS:
- Purpose. According to the author, “In many counties the elderly and disabled in need of IHSS are not able to apply for IHSS the same way they are able to apply for CalFresh benefits. For CalFresh benefits, customers can apply online, by mail, in-person, by fax, or telephonically. For IHSS applications, most counties allow customers to apply only by phone. Many people who apply to IHSS have increased difficulty utilizing the limited application options because of their conditions. This bill would provide that an IHSS applicant can apply for IHSS benefits with the same process that he or she uses to apply for CalFresh benefits.”
- 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 98% 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. The Department of Social Services (DSS) indicates that about 90% of applications are initiated over the telephone, the remainder are filed in person at a county IHSS office or faxed. 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. Applicants must then be sent a paper application to sign and return. Existing regulations require that applications 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.
DSS indicates that most counties do not have the capacity to accept online or email applications, but that is optional under this bill so no costs are incurred as a result.
- Prior Legislation.
AB 1797 (Lackey), Chapter 402, Statutes of 2016, required the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, and permitted that confirmation number to be the individual's case number.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 21, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 1021 (
Author:Baker) – As Introduced Ver:February 16, 2017
SUBJECT: In-home supportive services: application
SUMMARY: Requires a county human services agency to accept applications for in-home supportive services (IHSS) through various means, including: telephone, facsimile, in-person, by email, or, if a county is capable of accepting online applications, through other electronic means.
EXISTING LAW:
- 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.)
- 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)
- 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)
- 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)
- Requires the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, as specified and further permits that confirmation number to be the individual's case number. (WIC 12301.16)
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 466,000 Californians receive IHSS each month, with about 98% 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 also include some administrative duties, such as scheduling and signing timesheets; however, the state handles payroll. There are currently about 460,554 eligible IHSS providers in the state; approximately 69% are relatives and an estimated 44% are relatives who live in the same home as the recipient. 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 applicant may contact the IHSS county office and the staff will direct the applicant on the procedures to apply for IHSS. Applications are typically taken over the telephone or applications can be mailed or faxed to the county office and in some circumstances applications can be taken in person at a county IHSS office. However, the majority of applications are initiated over the phone.
The Case Management Information and Payrolling System II (CMIPSII) functionality provides for counties to enter an IHSS application any time an individual applies for services in the IHSS program. For counties who have intake staff that take applications via telephone, they may enter in the application information in CMIPS II, which allows the applicant to be assigned a random case number consisting of seven digits. Counties have been instructed to use the case number as the confirmation number to serve as documentation that the applicant filed an application for IHSS. The counties are then required to provide the case number to the applicant or authorized representative before the end of the telephone call during which the application is taken, or provide the case number in writing to the applicant or authorized representative once the application is entered into CMIPS.
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.”
Need for this bill: According to the author, “In many counties the elderly and disabled in need of in-home supportive services (IHSS) are not able to apply for IHSS the same way they are able to apply for CalFresh benefits. For CalFresh benefits, customers can apply online, by mail, in-person, by fax, or telephonically. For IHSS applications, most counties allow customers to apply only by phone. Many people who apply to IHSS have increased difficulty utilizing the limited application options because of their conditions. This bill would provide that an IHSS applicant can apply for IHSS benefits with the same process that he or she uses to apply for CalFresh benefits.”
Recommended amendments: While counties may accept Medi-Cal, CalWORKs and CalFresh applications online, they do not currently accept applications by email, largely because of concerns about security of personal information and the ability to record transactions between staff and clients that can be tracked and referred to over time. Today, most, if not all, counties likely do not receive, process, file, or track IHSS applications that are sent via email, due to these same security, privacy, and/or other technological concerns. Therefore, in order to make counties’ acceptance of IHSS applications via email required only where such capability exists, and to correct a technical error in the numbering of the new section proposed by this bill, committee staff recommends the following amendments, beginning on line 3 of page 2 of the bill:
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12301.167. Each county human services agency shall accept
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applications for benefits under this article by telephone, through
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facsimile, or in person, or by email, or, if the county is capable of
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accepting online applications or applications via email for benefits under this chapter, by
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email or other electronic means.
PRIOR LEGISLATION:
AB 1797 (Lackey), Chapter 402, Statutes of 2016, required the county, upon receipt of an application for IHSS, to provide the applicant with a confirmation number, and permitted that confirmation number to be the individual's case number.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations (Sponsor)
Asian Law Alliance
Personal Assistance Services Council
UDW/AFSCME Local 3930
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):