Bill Text: CA AB452 | 2009-2010 | Regular Session | Introduced

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Bill Title: In-home supportive services: California Independence Act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB452 Detail]

Download: California-2009-AB452-Introduced.html

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BILL NUMBER: AB 452	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 24, 2009

   An act to add Section 12318 to the Welfare and Institutions Code,
relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 452, as introduced, Yamada. In-home supportive services:
California Independence Act of 2009.
   Existing law provides for the 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. Counties are responsible for the administration of the
IHSS program.
   This bill would establish the California Independence Program, a
voluntary program for the provision of in-home supportive services to
certain aged, blind, and disabled individuals who are otherwise
ineligible for IHSS services. The bill would make recipients and
providers of services under the California Independence Program
subject to specified requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
California Independence Act of 2009.
  SEC. 2.  The Legislature finds and declares as follows:
   (a) California has a rapidly aging population According to the
Legislative Analyst's Office, between 2004 and 2010, the number of
Californians 65 years of age and older will increase by 2.4 percent
per year, which will result in an increase of more than 604,000
Californians in this age group in just six years.
   (b)  The Department of Finance projects that the number of
Californians over 65 years of age, which was 3,627,284 in 2000, will
have grown to at least 4,526,578 by 2010.
   (c) This explosion in our aging population will devastate
California's health care delivery system unless action is taken to
improve our ability to provide low-cost personal care services as an
alternative to acute care and nursing home stays.
  SEC. 3.  Section 12318 is added to the Welfare and Institutions
Code, to read:
   12318.  (a) The California Independence Program is hereby
established within the department. The program shall be voluntary,
operated at the discretion of counties for their public authorities.
The purpose of the California Independence Program is to allow aged,
blind, and disabled individuals who are otherwise ineligible for
services under this article to have access to a county's provider
registry services, at a reasonable fee, to be determined by the
county.
   (b)  A recipient or provider of services who participates in the
California Independence Program shall be subject to the following
requirements:
   (1) Services shall be provided either by the consumer's preferred
worker or a worker selected from a registry of qualified providers
maintained by the public authority.
   (2) Participants shall assist the public authority in recruiting
potential workers, available to California Independence Program
recipients and other recipients of services under this article.
   (3) In order to prevent providers from selectively choosing the
most desirable clients, a provider who provides services under the
California Independence Program shall have at least six months
experience providing services under the IHSS program.
   (4) A provider shall not intentionally leave employment with a
current IHSS client in order to be employed by a California
Independence Program recipient.