California 2017-2018 Regular Session Status: To Executive

AB 432 — Personal care services.

Last action — Stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. Existing law establishes the county-administered In-Home Supportive Services program to aged, blind, or disabled persons, as defined, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. Under the Medi-Cal program, similar services, known as personal care option services, are provided to eligible individuals. The Medi-Cal program also defines "waiver personal care services" to mean personal care services authorized by the State Department of Health Care Services for persons who are eligible for either nursing or model nursing facility waiver services. Existing law authorizes a county board of supervisors to contract with a nonprofit consortium or to establish a public authority to provide in-home supportive services. This bill would additionally authorize a county board of supervisors to contract with a nonprofit consortium or to establish a public authority to provide waiver personal care services. The bill would authorize certain entities to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for an individual who is employed by a recipient of waiver personal care services and would make conforming changes. The bill would provide that a county that has met specified conditions shall not be deemed to be the employer of these individuals for purposes of liability due to negligence or intentional torts of the individual provider. The bill would also provide that a public authority, as specified, shall be deemed to be the employer of providers of waiver personal care services for purposes of employer-employee relations, as specified, and would require that wages and benefits for these providers meet specified requirements. The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act exempts from public inspection specified information regarding persons paid by the state to provide in-home supportive services or personal care services. This bill would additionally exempt from public inspection specified information regarding persons paid by the state to provide waiver personal care services. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 3 p.m.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 1. Page 3522.).

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2940.).

  8. From committee: That the measure be returned to Senate Floor for consideration. (Ayes 4. Noes 0.) (September 13)

  9. From committee: Be re-referred to Com. on HUMAN S. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on HUMAN S.

  10. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 6. Noes 0.) (September 1).

  15. In committee: Referred to APPR. suspense file.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11).

  18. In committee: Hearing postponed by committee.

  19. Referred to Com. on HUMAN S.

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

  21. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1817.)

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 17. Noes 0.) (May 26).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 4). Re-referred to Com. on APPR.

  26. Re-referred to Com. on HUM. S.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  28. In committee: Set, first hearing. Hearing canceled at the request of author.

  29. Referred to Com. on HUM. S.

  30. From printer. May be heard in committee March 16.

  31. Read first time. To print.

Sponsors

  • Thurmond · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Thurmond

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 432 Thurmond Concurrence in Senate Amendments

Passed 75 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 54103
Democratic 15000
Republican 6000
Total 75103
% of votes cast 95%1%0%4%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Santiago — Yea
Waldron — Yea
Eggman — Not Voting
Chu — Yea
Chau — Yea
Mayes — Yea
Medina — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Friedman — Yea
Bocanegra — Yea
Rubio — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Yea
Maienschein — Yea
McCarty — Yea
Gray — Not Voting
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Not Voting
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB432 Thurmond By Mendoza

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Newman — Yea
Nielsen — Yea
Skinner — Yea
Vidak — Yea
Cannella — Yea
Dodd — Yea
Moorlach — Yea
Portantino — Yea
Roth — Yea
Wilk — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Hernandez — Yea
Hertzberg — Yea
Bradford — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Lara — Yea
Beall — Yea
Bradford — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 4000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Portantino — Yea
Glazer — Yea
Bill Berryhill — Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 432 THURMOND Assembly Third Reading

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 16000
Republican 5002
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Salas — Yea
Friedman — Yea
Gray — Yea
Gloria — Yea
Bocanegra — Yea
Gomez — Yea
Rubio — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
Chiu — Yea
Low — Yea
Mayes — Yea
Baker — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Chau — Not Voting
Cooper — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Eggman — Not Voting
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
McCarty — Yea
Obernolte — Yea
Quirk — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Bocanegra — Yea
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 432 do?
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. Existing law establishes the county-administered In-Home Supportive Services program to aged, blind, or disabled persons, as defined, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. Under the Medi-Cal program, similar services, known as personal care option services, are provided to eligible individuals. The Medi-Cal program also defines "waiver personal care services" to mean personal care services authorized by the State Department of Health Care Services for persons who are eligible for either nursing or model nursing facility waiver services. Existing law authorizes a county board of supervisors to contract with a nonprofit consortium or to establish a public authority to provide in-home supportive services. This bill would additionally authorize a county board of supervisors to contract with a nonprofit consortium or to establish a public authority to provide waiver personal care services. The bill would authorize certain entities to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for an individual who is employed by a recipient of waiver personal care services and would make conforming changes. The bill would provide that a county that has met specified conditions shall not be deemed to be the employer of these individuals for purposes of liability due to negligence or intentional torts of the individual provider. The bill would also provide that a public authority, as specified, shall be deemed to be the employer of providers of waiver personal care services for purposes of employer-employee relations, as specified, and would require that wages and benefits for these providers meet specified requirements. The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act exempts from public inspection specified information regarding persons paid by the state to provide in-home supportive services or personal care services. This bill would additionally exempt from public inspection specified information regarding persons paid by the state to provide waiver personal care services. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors AB 432?
AB 432 is sponsored by Thurmond.
What is the current status of AB 432?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 432?
Track AB 432 free on One Click Politics — get push/email alerts when it moves.

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