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SB-288 IHSS program: administration.(1999-2000)

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SB288:v91#DOCUMENT

Senate Bill No. 288
CHAPTER 445

An act to amend Sections 12301.3 and 12301.4 of the Welfare and Institutions Code, relating to human services, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 14, 2000. Approved by Governor  September 13, 2000. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 288, Peace. IHSS program: administration.
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. Existing law requires each county to establish an advisory committee to provide recommendations on certain modes of service to be utilized in the county for in-home supportive services.
This bill would specify the membership composition of the advisory committee, and would exclude any county that has established a governing body for the provision of IHSS services prior to July 1, 2000, from those composition requirements.
The bill would specify that each county shall be eligible to receive state reimbursement of administrative costs for only 1 advisory committee and would require each county to comply with certain requirements.
This bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 12301.3 of the Welfare and Institutions Code is amended to read:

12301.3.
 (a) Each county shall appoint an in-home supportive services advisory committee that shall be comprised of not more than 11 individuals. No less than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or as recipients of services under this article.
(1) (A) In counties with fewer than 500 recipients of services provided pursuant to this article or Section 14132.95, at least one member of the advisory committee shall be a current or former provider of in-home supportive services.
(B) In counties with 500 or more recipients of services provided pursuant to this article or Section 14132.95, at least two members of the advisory committee shall be a current or former provider of in-home supportive services.
(2) Individuals who represent organizations that advocate for people with disabilities or seniors may be appointed to committees under this section.
(3) Individuals from community-based organizations that advocate on behalf of home care employees may be appointed to committees under this section.
(4) A county board of supervisors shall not appoint more than one county employee as a member of the advisory committee, but may designate any county employee to provide ongoing advice and support to the advisory committee.
(b) Prior to the appointment of members to a committee required by subdivision (a), the county board of supervisors shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and reasonable response time by, members of the general public and interested persons and organizations.
(c) The advisory committee shall submit recommendations to the county board of supervisors on the preferred mode or modes of service to be utilized in the county for in-home supportive services.
(d) Any county that has established a governing body, as provided in subdivision (b) of Section 12301.6, prior to July 1, 2000, shall not be required to comply with the composition requirements of subdivision (a) and shall be deemed to be in compliance with this section.

SEC. 2.

 Section 12301.4 of the Welfare and Institutions Code is amended to read:

12301.4.
 (a) Each advisory committee established pursuant to Section 12301.3 or 12301.6 shall provide ongoing advice and recommendations regarding in-home supportive services to the county board of supervisors, any administrative body in the county that is related to the delivery and administration of in-home supportive services, and the governing body and administrative agency of the public authority, nonprofit consortium, contractor, and public employees.
(b) Each county shall be eligible to receive state reimbursements of administrative costs for only one advisory committee and shall comply with the requirements of subdivision (e) of Section 12302.25.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide counties that are currently forming in-home supportive services advisory committees with clarification regarding the composition of those committees, it is necessary that this act take effect immediately.