AB 1436 — In-home supportive services: authorized representative.

Summary

Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes and avoid institutionalization. Existing law specifies that supportive services include, among other things, domestic services, personal care services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. This bill would authorize an applicant for, or recipient of, in-home supportive services to designate an individual to act as his or her authorized representative for purposes of the IHSS program. The bill would define "authorized representative" to mean an individual who is designated in writing, on a form developed by the State Department of Social Services, by an applicant or recipient to accompany, assist, and represent the applicant or recipient for specified purposes related to the program. The bill would require the form to specify the responsibilities to be performed by the authorized representative and to provide that the designation may be changed or revoked at any time by the applicant or recipient. The bill would also provide that the authorized representative has the responsibility to act in the applicant or recipient's best interest. The bill would exclude certain persons from serving as an authorized representative, including a person who is prohibited from being a provider of services following a conviction for, or incarceration following a conviction for, fraud against a government health care or supportive services program. The bill would require the department, in consultation with specified parties, including representatives of applicants for, and recipients of, services, to develop a form for this purpose, as specified. The bill would require a county to retain the original form that designates an authorized representative in the applicant or recipient's IHSS case file, and to provide copies of the form to the applicant or recipient and to the authorized representative. By creating additional duties for local officials, the bill would impose a state-mandated local program. The bill would authorize the department to implement and administer these provisions through all-county letters or similar instructions until regulations are adopted, and would require the department to, no later than July 1, 2016, adopt emergency regulations. 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.

Bill Text

• Chaptered 10/09/15 - Chaptered Current pdf October 09, 2015
• Enrolled 09/16/15 - Enrolled pdf September 16, 2015
• Amended 09/04/15 - Amended Senate pdf September 04, 2015
• Amended 08/31/15 - Amended Senate pdf August 31, 2015
• Amended 05/06/15 - Amended Assembly pdf May 06, 2015
• Introduced 02/27/15 - Introduced pdf February 27, 2015
• AB1436 View text html

Action History

1. October 09, 2015

   Chaptered by Secretary of State - Chapter 707, Statutes of 2015.

2. October 09, 2015

   Approved by the Governor.

3. September 23, 2015

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

4. September 11, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3153.).

5. September 10, 2015

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2694.).

7. September 08, 2015

   Read second time. Ordered to third reading.

8. September 04, 2015

   Read third time and amended. Ordered to second reading.

9. August 31, 2015

   Read second time and amended. Ordered to third reading.

10. August 27, 2015

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27).

11. July 06, 2015

    In committee: Referred to APPR. suspense file.

12. June 23, 2015

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 23). Re-referred to Com. on APPR.

13. June 04, 2015

    Referred to Com. on HUMAN S.

14. May 26, 2015

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

15. May 26, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1596.)

16. May 21, 2015

    Read second time. Ordered to Consent Calendar.

17. May 20, 2015

    From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 20).

18. May 07, 2015

    Re-referred to Com. on APPR.

19. May 06, 2015

    Read second time and amended.

20. May 05, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 28).

21. March 26, 2015

    Referred to Com. on HUM. S.

22. March 02, 2015

    Read first time.

23. March 01, 2015

    From printer. May be heard in committee March 31.

24. February 27, 2015

    Introduced. To print.

Sponsors

• Burke · Primary

Votes

Subjects