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AB-912 Caregiver background checks: fee waiver.(1999-2000)

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Passed  IN  Senate  September 08, 1999
Passed  IN  Assembly  September 10, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 912

Introduced  by  Assembly Member Maldonado

February 25, 1999

An act to amend Section 15660 of the Welfare and Institutions Code, relating to human services.


LEGISLATIVE COUNSEL'S DIGEST


AB 912, Maldonado. Caregiver background checks: fee waiver.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services, pursuant to which medical benefits are provided to public assistance recipients and certain other low-income persons. Included within the scope of Medi-Cal benefits available to eligible Medi-Cal recipients are personal care services.
Existing law also 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. Existing law requires the provision of personal care services under the Medi-Cal program to eligible IHSS recipients.
Existing law authorizes individuals who are employers of caregivers of personal care services under the Medi-Cal program and the IHSS program to request from the Department of Justice a report on any criminal record of the personal service caregivers. Existing law requires the Department of Justice to charge a fee to cover the cost of administering those provisions.
This bill would specify that the fee charged by the Department of Justice shall be waived for individuals who are receiving personal care services under the Medi-Cal program, including those receiving services through the IHSS program, for a report on a person who is not a member of the individual’s family, subject to certain budgeting limitations. The bill would require the Department of Justice to make specified reports to the Legislature in connection with these provisions.

The people of the State of California do enact as follows:


SECTION 1.

 Section 15660 of the Welfare and Institutions Code is amended to read:

15660.
 (a) The Department of Justice shall secure any criminal record of a person to determine whether the person has been convicted within the last 10 years of a sex offense against a minor, a violation of Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, theft, robbery, burglary, or any felony, if both of the following conditions are met:
(1) (A) An employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. For purposes of this paragraph, “employer” includes, but is not limited to, an in-home supportive services recipient, as defined by Section 12302.2 and any recipient of personal care services under the Medi-Cal program pursuant to Section 14132.95.
(B) Commencing July 1, 2000, the fee charged by the Department of Justice for the report authorized by this section shall be waived for any employer described in Section 12302.2 or 14132.95 for a report under this section on a person who is not a member of the family of the employer.
(C) The maximum annual amount of fees that may be waived under subparagraph (B) for the 2000–01 fiscal year may not exceed three hundred fifty thousand dollars ($350,000). Not more than one hundred fifty thousand dollars ($150,000) shall be expended by the Department of Justice during the 1999–2000 fiscal year for the establishment and administration of the waivers and for the report required by this subparagraph. The Department of Justice shall, on or before July 1, 2001, submit a report to the Legislature on the amount of waivers and the costs of establishing and administering the waivers. If, at any time, the amount of fees waived pursuant to subparagraph (B) exceeds two hundred fifty thousand dollars ($250,000) in the 2000–01 fiscal year, the Department of Justice shall submit a timely report of that fact to the Legislature.
(2) The person is unlicensed and provides nonmedical domestic or personal care to an aged or disabled adult in the adult’s own home.
(b) (1) If it is found that the person has been convicted within the last 10 years of a sex offense against a minor, a violation of Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, theft, robbery, burglary, or any felony, the Department of Justice shall notify the employer of that fact. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact.
(2) Any employer may deny employment to any person who is the subject of a report under paragraph (1) when the report indicates that the person has committed any of the crimes identified in paragraph (1).
(3) Nothing in this section shall be construed to require any employer to hire any person who is the subject of a report under paragraph (1) when the report indicates that the person has not committed any of the crimes indicated in paragraph (1).
(c) (1) Fingerprints shall be on a card provided by the Department of Justice for the purpose of obtaining a set of fingerprints. The employer shall submit the fingerprints to the Department of Justice. Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the employer of the criminal record information, as provided in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact as soon as possible, but not later than 30 calender days of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints, notify the employer that the fingerprints were illegible.
(2) Fingerprints may be taken by any local law enforcement officer or agency for purposes of paragraph (1).
(3) Counties shall notify any recipient of, or applicant for, in-home supportive services or personal care services under the Medi-Cal program, upon his or her application for in-home supportive services or personal care services or during his or her annual redetermination, or upon the recipient’s changing providers, that a criminal record check is available, and that the check can be performed by the Department of Justice.
(d) Except in the case of those fees waived pursuant to subparagraph (B) of paragraph (1) of subdivision (a), the Department of Justice shall charge a fee to the employer to cover the costs of administering this section.
(e) It is the intent of the Legislature that the Department of Justice charge a fee to cover its cost in providing services in accordance with this section to comply with the 30 calendar day requirement for provision to the department of the criminal record information, as contained in subdivision (c).