California 2017-2018 Regular Session Status: Enacted

AB 126 — Health and human services.

Last action — Chaptered by Secretary of State - Chapter 65, Statutes of 2017.

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

This bill has been enacted into law. Introduced January 10, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires the State Department of Developmental Services, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund, and maximizes federal financial participation. Existing law places certain restrictions on the purchase of respite services, based on need and duration, until implementation of the Individual Choice Budget, as specified. AB 107 of the 2017–18 Regular Session would repeal the provision that places restrictions on the purchase of those services. This bill would delay the repeal of that provision until January 1, 2018. The bill would appropriate $100,000 from the Federal Trust Fund to the department for purposes of implementation. Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes 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. Existing federal law provides for various home- and community-based services waivers, such as the In-Home Operations Waiver and the Nursing Facility/Acute Hospital Transition and Diversion Waiver (NF/AH waiver) , that promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community. Under the NF/AH waiver, a home- and community-based services waiver authorized under this federal law until March 31, 2016, home- and community-based services, such as case management and coordination, habilitation services, and community transition services, are provided to eligible Medi-Cal beneficiaries with long-term medical conditions who would otherwise receive care in a skilled nursing facility. AB 113 and SB 97 of the 2017–18 Regular Session would authorize the Director of Health Care Services, when renewing the NF/AH waiver, to seek additional increases in the scope of the home- and community-based NF/AH waiver and would make conforming changes. This bill would make those conforming changes to the NF/AH waiver provisions. Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified. This bill, notwithstanding the 66-hour workweek limit and subject to receipt of any necessary federal approvals and federal financial participation, would require the State Department of Health Care Services to grant an exemption to a provider of an applicant or participant of the NF/AH waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who is enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 65, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 2399.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 1. Page 1715.).

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

  8. From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (June 20).

  9. Joint Rule 62(a) suspended. (Page 1603.)

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  11. Referred to Com. on B. & F.R.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 25. Page 1606.)

  14. Read second time. Ordered to third reading.

  15. Ordered to second reading.

  16. Withdrawn from committee.

  17. Assembly Rule 96 suspended. (Ayes 52. Noes 25. Page 1511.)

  18. Referred to Com. on BUDGET.

  19. From printer. May be heard in committee February 10.

  20. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Budget

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

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 54005
Democratic 14001
Republican 6000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Chávez — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Jones-Sawyer — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Gomez — Not Voting
Harper — Yea
Rubio — Yea
Holden — Yea
Salas — Yea
Bocanegra — Yea
Kiley — Yea
Burke — Yea
Chau — Yea
Levine — Yea
Low — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Fong — Not Voting
Gray — Not Voting
Baker — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Not Voting
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
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 Not Voting
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 →

Do pass as amended

Passed 13 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 11004
Total 13004
% of votes cast 76%0%0%24%
How each member voted (17)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Glazer — Yea
Mitchell — Yea
Portantino — Not Voting
Anderson — Yea
Beall — Yea
Mendoza — Yea
Moorlach — Not Voting
Nielsen — Yea
Pan — Not Voting
Roth — Yea
Skinner — Yea
Wilk — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 126 do?
Existing law requires the State Department of Developmental Services, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund, and maximizes federal financial participation. Existing law places certain restrictions on the purchase of respite services, based on need and duration, until implementation of the Individual Choice Budget, as specified. AB 107 of the 2017–18 Regular Session would repeal the provision that places restrictions on the purchase of those services. This bill would delay the repeal of that provision until January 1, 2018. The bill would appropriate $100,000 from the Federal Trust Fund to the department for purposes of implementation. Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes 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. Existing federal law provides for various home- and community-based services waivers, such as the In-Home Operations Waiver and the Nursing Facility/Acute Hospital Transition and Diversion Waiver (NF/AH waiver) , that promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community. Under the NF/AH waiver, a home- and community-based services waiver authorized under this federal law until March 31, 2016, home- and community-based services, such as case management and coordination, habilitation services, and community transition services, are provided to eligible Medi-Cal beneficiaries with long-term medical conditions who would otherwise receive care in a skilled nursing facility. AB 113 and SB 97 of the 2017–18 Regular Session would authorize the Director of Health Care Services, when renewing the NF/AH waiver, to seek additional increases in the scope of the home- and community-based NF/AH waiver and would make conforming changes. This bill would make those conforming changes to the NF/AH waiver provisions. Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified. This bill, notwithstanding the 66-hour workweek limit and subject to receipt of any necessary federal approvals and federal financial participation, would require the State Department of Health Care Services to grant an exemption to a provider of an applicant or participant of the NF/AH waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who is enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 126?
AB 126 is sponsored by Committee on Budget.
What is the current status of AB 126?
This bill has been enacted into law. Introduced January 10, 2017. Enacted.
Where can I track AB 126?
Track AB 126 free on One Click Politics — get push/email alerts when it moves.

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