AB 106 — Human services.

Summary

Existing law requires the establishment of the Office of Rural Health, or an alternative organizational structure, in one of the departments of the California Health and Human Services Agency, and requires the office or alternative organizational structure to serve as a key information and referral source to promote coordinated planning for the delivery of health services in rural California. Under existing law, various functions relating to rural health activities are performed by the Rural Health Policy Council. Existing law also requires the establishment of an interdepartmental Task Force on Rural Health, to coordinate rural health policy development and program operations and develop a strategic plan for rural health, as specified. This bill, operative January 1, 2012, would eliminate the Rural Health Policy Council and the interdepartmental task force, and would transfer designated duties of these entities to the Office of Statewide Health Planning and Development. Existing law establishes, until January 1, 2013, the Continuing Care Advisory Committee within the State Department of Social Services and requires the committee to act in an advisory capacity to the department on matters relating to continuing care contracts. This bill, operative January 1, 2012, would delete the committee and make conforming changes. Existing law creates the Health Care Quality Improvement and Cost Containment Commission, as specified, to research and recommend appropriate and timely strategies for promoting high-quality care and containing health care costs. Existing law creates the California Health Policy and Data Advisory Commission, as specified. Under existing law, the commission has prescribed functions and duties, including advising the Office of Statewide Health Planning and Development, on issues relating to health facility and other provider data. This bill, operative January 1, 2012, would eliminate the Health Care Quality Improvement and Cost Containment Commission. The bill also would eliminate California the Health Policy and Data Advisory Commission and would transfer its duties to the office, or to an entity designated by the office, as prescribed. The bill would make various related technical and conforming changes. Existing law requires a county welfare department to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft, as specified. This bill would suspend implementation of the above provisions until July 1, 2013. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Under existing law, operative as specified, a parent or caretaker relative is not eligible for CalWORKs aid after he or she has received CalWORKs aid for a cumulative total of 48 months, or TANF aid from any state for a cumulative total of 60 months. This bill would impose a 48-month limit on the receipt of aid, regardless of whether received under the CalWORKs program or another state's TANF program, and would make various conforming changes. Existing law requires recipients of aid under the CalWORKs program who are under 19 years of age who are pregnant or custodial parents to participate in certain educational programs, which are referred to as the Cal-Learn Program. Under existing law, a Cal-Learn Program participant is entitled to monetary supplements or bonuses, as specified, for maintaining satisfactory educational progress, and successfully completing high school or a California high school equivalency examination. Existing law suspends operation of the Cal-Learn Program from July 1, 2011, to June 30, 2012, inclusive, except as specified. Under existing law, certain pregnant women with no other children, who are eligible for the Cal-Learn Program, are also eligible for CalWORKs aid, but only when the Cal-Learn Program is operative. This bill, notwithstanding existing law, would authorize certain pregnant women, who are determined to be eligible for aid for purposes of participating in the Cal-Learn Program prior to July 1, 2011, to continue to receive aid during the suspension of the Cal-Learn Program, as specified. Because moneys are continuously appropriated from the General Fund to pay for the state's share of CalWORKs program costs, by expanding eligibility, this bill would make an appropriation. In addition, by increasing county duties, the bill would impose a state-mandated local program. Existing law provides that when aid under the CalWORKs program is repaid to the state, the state is entitled to the entire amount of the aid repaid, except where federal and county funds were paid, in which case the federal government remains entitled to a proportionate share of the amount received or recovered and the county remains entitled to its proportionate share, except for county funds received or recovered during the 2011–12 fiscal year, which are retained by the state. This bill would restrict the above repayment procedures to situations when the aid repaid to the state is by means of child support collections. The bill would require that when any other aid is repaid to, or recovered by, a county, the state and the federal government would be entitled to a share of the amount received or recovered, proportionate to the amount of state or federal funds paid. Existing law, as of July 1, 2011, reduces the amount of the CalWORKs computed aid grant in a child-only assistance unit by 5% commencing with the 61st, 73rd, and 85th months on aid, respectively, for a total 15% reduction. This bill would eliminate the above-described grant reduction, and make conforming changes. The bill would authorize the department to implement this change through all-county letters or similar instructions pending the adoption of regulations. Existing law makes specified findings and declarations with respect to the effect of decreased funding for CalWORKS for the 2009–10 to 2011–12 fiscal years, inclusive. In connection with this decreased funding, existing law extends certain exemptions from months counted as a month of receipt of aid, and allows counties to redirect funding between specified employment assistance and substance abuse treatment programs during the specified fiscal years. Existing law authorizes a county to revise a specified welfare-to-work exemption in order to implement the county's portion of this funding reduction. This bill would revise the amount of the funding reduction applicable to the 2011–12 fiscal year, as specified, and would delete the county authority to revise the above-referenced welfare-to-work exemption. 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. Under the Medi-Cal program, similar services are provided to eligible individuals, with these services known as personal care option services. Under existing law, operative as specified, if the Department of Finance makes a specified determination, the State Department of Social Services is required to implement a reduction in authorized IHSS program service hours, in accordance with prescribed procedures. Existing law authorizes an individual who believes that he or she is at serious risk of out-of-home placement, unless all or part of the reduction is restored, to apply for an IHSS Care Supplement to restore the reduced hours. This bill would recast and revise the provisions relating to the IHSS service hours reduction and IHSS Care Supplement, including exempting certain IHSS recipients, who also receive other designated public health and social services, from the service hour reduction, and making other technical and conforming changes to these provisions. This bill would revise the definition of "waiver personal care services" received by certain recipients under the Medi-Cal program, to delete the requirement prohibiting waiver personal care services from replacing any hours of services authorized or reduced pursuant to other designated service categories. Existing law requires an IHSS applicant or recipient to obtain a certification from a licensed health care professional, as specified, as a condition of receiving those services. Existing law authorizes the receipt of services prior to certification under certain circumstances, including when deterioration of the recipient's health or mental health is likely to result in eviction, homelessness, or a hazardous living environment. This bill would revise the circumstances under which services may be authorized prior to receipt of certification, to delete the authority described above, and to authorize, instead, provision of services based upon a county determination that there is a risk of out-of-home placement. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law provides for the Medi-Cal Drug Treatment Program (Drug Medi-Cal) , under which each county enters into contracts with the State Department of Alcohol and Drug Programs for the provision of various drug treatment services to Medi-Cal recipients, or the department directly arranges for the provision of these services if a county elects not to do so. This bill would declare the intent of the Legislature to transfer Drug Medi-Cal functions from the State Department of Alcohol and Drug Programs to the State Department of Health Care Services, effective July 1, 2012, in accordance with an administrative and programmatic transition plan developed by the State Department of Health Care Services and the State Department of Alcohol and Drug Programs, as required in the bill. Existing law requires the State Department of Social Services, in consultation with county welfare agencies, to implement a pilot program to establish a unified resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families, as specified. Existing law authorizes the pilot program to continue through the end of the 2010–11 fiscal year, or the end of the 3rd fiscal year following the date that funds are made available for its implementation, whichever is later. This bill would extend authority for implementation of the resource family approval pilot program through the end of the 5th fiscal year following the date that funds are made available for that purpose. The bill also would suspend implementation of the pilot program until January 1, 2013. Existing law provides for the out-of-home placement of children who are unable to remain in the custody and care of their parent or parents, and provides for a range of child welfare, foster care, and adoption assistance services for which these children may be eligible. Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. The program is funded by state and county funding and available federal funds. Existing law, effective on the date that the Director of Social Services executes a prescribed declaration, revises the Kin-GAP Program by repealing the existing program and enacting similar provisions. Existing law requires as a condition of receiving payments under the revised Kin-GAP Program provisions, that a county welfare agency, probation department, or Indian tribe, as applicable, negotiate and enter into a written, binding kinship guardianship assistance agreement with the relative guardian of an eligible child, as prescribed. Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, provides for payments to group home providers at a per child per month rate, and in accordance with prescribed rate classification levels, for the care and supervision of the AFDC-FC child placed with the provider. Existing law requires a county to annually redetermine AFDC-FC eligibility, as specified. Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. The AAP provides for the payment by the department and counties of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the resources of the family to meet those needs. Existing law prohibits the establishment of a new group home rate or change to an existing rate under the AFDC-FC program for a prescribed period, and repeals this prohibition on January 1, 2012. This bill would extend the prohibition on the establishment of a new or changed AFDC-FC group home rate until January 1, 2013. Existing law declares the intent of the Legislature to comply with specified federal law relating to the overpayment of federal foster care and adoption assistance payments, under the AFDC-FC program, Kin-GAP program, and AAP. Existing law requires these funds to be repaid by the state and counties under designated circumstances. Existing law excludes certain amounts from this repayment requirement, and with respect to those amounts not excluded, requires repayment to be based on a 40% state, 60% county sharing ratio. This bill would delete the existing sharing ratio, and instead would apply specified separate sharing ratios for repayment of federal AFDC-FC, Kin-GAP, and AAP funds, respectively. This bill, with respect to agreements on or after July 1, 2011, would revise Kin-GAP, AFDC-FC, and AAP rates, as prescribed, and would annually adjust these rates by the percentage changes in the California Necessities Index, and make related changes. The bill would authorize implementation of these provisions through all-county letters or similar instructions from the department until regulations are adopted, as specified Moneys from the General Fund are continuously appropriated for Kin-GAP, AFDC-FC, and AAP, as prescribed. Because this bill, by increasing Kin-GAP, AFDC-FC, and AAP rates, and by revising existing sharing ratios for repayment of certain overpayments, would result in an increase in the state's level of participation in these programs in certain cases, this bill would make an appropriation. Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System (CWS/CMS) to administer and evaluate the state's child welfare services and foster care programs. This bill would require the department, in partnership with the Office of Systems Integration and designated stakeholders, to perform various activities regarding the effectiveness and operation of the CWS/CMS, and to report on these activities to the Legislature, by January 10, 2012. This bill would require the State Department of Social Services, in consultation with designated stakeholders, to develop a new ratesetting methodology for public authority administrative costs, effective for the 2012–13 fiscal year, and thereafter. 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. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 06/29/11 - Chaptered Current pdf June 29, 2011
• Enrolled 06/28/11 - Enrolled pdf June 28, 2011
• Amended 06/09/11 - Amended Senate pdf June 09, 2011
• Amended 03/14/11 - Amended Senate pdf March 14, 2011
• Introduced 01/10/11 - Introduced pdf January 10, 2011
• AB106 View text html

Action History

1. June 28, 2011

   Chaptered by Secretary of State - Chapter 32, Statutes of 2011.

2. June 28, 2011

   Approved by the Governor.

3. June 28, 2011

   Enrolled and presented to the Governor at 4:15 p.m.

4. June 15, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 1953.).

5. June 13, 2011

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 15 pursuant to Assembly Rule 77.

6. June 10, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 1371.).

7. June 10, 2011

   Senate Rule 29.3 suspended. (Page 1369.)

8. June 10, 2011

   Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended by unanimous consent.

9. June 10, 2011

   Read second time. Ordered to third reading.

10. June 09, 2011

    Read third time and amended. Ordered to second reading.

11. March 16, 2011

    Ordered to third reading.

12. March 16, 2011

    From committee: Do pass. (Ayes 11. Noes 5.) (March 16).

13. March 16, 2011

    Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

14. March 15, 2011

    Read second time. Ordered to third reading.

15. March 14, 2011

    Read third time and amended. Ordered to second reading.

16. March 07, 2011

    Read second time. Ordered to third reading.

17. March 07, 2011

    Ordered to second reading.

18. February 22, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

19. February 22, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 0. Page 418.)

20. February 18, 2011

    Read second time. Ordered to third reading.

21. February 18, 2011

    Without reference to committee.

22. January 11, 2011

    From printer. May be heard in committee February 10.

23. January 10, 2011

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects