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AB-1387 In-Home Supportive Services Program: provider shortage: grant-based outreach program.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
AB1387:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1387

Introduced by Assembly Member Ting
(Coauthor: Senator Wiener)

February 17, 2023

An act to add and repeal Section 12305.88 of the Welfare and Institutions Code, relating to in-home supportive services.


LEGISLATIVE COUNSEL'S DIGEST


AB 1387, as introduced, Ting. In-Home Supportive Services Program: provider shortage: grant-based outreach program.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. 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. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services (WPCS) in order to permit them to remain in their own homes. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium.
This bill would require the department, by March 1, 2024, to issue a request for proposals for a 3-year, grant-based program to support outreach and education to encourage immigrants to become in-home supportive services (IHSS) providers, contingent upon an appropriation by the Legislature for that purpose. The bill would require eligible grantees for the program to include nonprofit, community-based agencies that engage with immigrant populations, counties administering the IHSS program, and county public authorities. The bill would set forth eligible outreach activities, including developing educational and outreach materials, and providing community outreach workers. The bill would require grantees to report to the department, at least semiannually, on the outcomes achieved by the outreach campaign, including, but not limited to, activities and methods utilized to reach and recruit providers. If the grantee reporting requirements result in additional workload for counties, those provisions would be implemented only if funding for that purpose is provided in the State Budget. The bill would require the department to report to the Legislature, within 6 months after the conclusion of the program, on the effectiveness of the program, including the extent to which the outreach campaign resulted in an increase in the IHSS provider workforce. The provisions of the bill would be repealed on January 1, 2028.
The bill would make related findings and declarations relating to the existence of a shortage in the IHSS program workforce. The bill also would declare the intent of the Legislature to enact subsequent legislation that permits undocumented in-home supportive services recipients to select a relative as their provider of choice, regardless of immigration status.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares as follows:
(a) Beginning January 1, 2020, the State of California extended full-scope Medi-Cal eligibility to all undocumented young adults up to 26 years of age, and more recently, under the omnibus health trailer bill of the 2021–22 budget, California expanded full-scope Medi-Cal benefits to undocumented older adults over 50 years of age. As a result, these undocumented populations also became eligible for the In-Home-Supportive Services (IHSS) program.
(b) The IHSS program is a county-administered program that allows eligible individuals requiring home care and disability assistance to choose their own home care providers to remain safely at home and avoid costly institutionalization.
(c) According to California’s Master Plan for Aging (MPA), the state will face a labor shortage of up to 3,200,000 paid direct care workers in the coming years, including direct care providers in the IHSS program.
(d) It is incumbent that California take the necessary steps now to begin to address the current and growing workforce shortage in the IHSS program.
(e) Further, while the IHSS program is predicated on consumers being able to hire a home care provider of their choice, many recipients are denied that right; they are unable to select an undocumented family member to act as their provider due to the federal and state requirements that all IHSS providers have a Social Security number.
(f) Nearly one-quarter of the nation’s undocumented immigrants reside in California, where they constitute more than 6 percent of the state’s population. California has consistently demonstrated support for undocumented residents, particularly those seeking essential health and care services.

SEC. 2.

 Section 12305.88 is added to the Welfare and Institutions Code, to read:

12305.88.
 (a) (1) By March 1, 2024, the State Department of Social Services shall issue a request for proposals for a three-year, grant-based program to support outreach and education to encourage immigrants to become in-home supportive services (IHSS) providers. The department shall award program grants by July 1, 2024.
(2) The department shall select grantees based on criteria established pursuant this section, and any other relevant criteria developed by the department in consultation with stakeholder representatives described in subdivision (c). Eligible grantees shall include nonprofit, community-based agencies that engage with immigrant populations, counties administering the IHSS program, county public authorities, and labor representatives. Eligible activities may include, but are not limited to, the following:
(A) Developing educational and outreach materials, including materials in target population native languages, that include, but are not limited to, the following:
(i) Promotion of IHSS job and career opportunities, including the value of this profession.
(ii) Job duties and responsibilities of IHSS providers.
(iii) Monetary and employment benefits.
(iv) Pathways and available training for IHSS employment.
(v) Family and community impact, including the ability to care for a loved one.
(B) Developing and executing marketing strategies. Eligible activities may include, but are not limited to, the following:
(i) Use of traditional media, ethnic media, and social media for marketing and promotion.
(ii) Out-of-home and digital advertising, such as bus advertisements, billboards, social media and internet website advertisements, and newspapers.
(C) Providing community outreach workers to provide information, recruit prospective IHSS providers, and assist them in applying.
(D) A digital or telephonic mechanism for prospective IHSS providers to submit questions and receive answers.
(b) (1) (A)  The department shall require grantees to report, no less than semiannually, on the outcomes achieved by this outreach campaign, including, but not limited to, activities and methods utilized to reach and recruit providers, where and how prospective providers are getting information and what gaps exist for them in learning about becoming a provider, the number of individuals served, and any barriers to recruitment. To the extent possible, the department shall identify the number of new IHSS providers recruited. The department shall consult with stakeholders pursuant to subdivision (c) to identify the most cost-effective and efficient method for determining newly recruited IHSS providers.
(B)  If implementation of this paragraph results in additional workload for counties, this paragraph shall be implemented only to the extent that funding for its purposes is provided in the state budget.
(2) (A) The department shall report to the Legislature on the effectiveness of the outreach program, including the aggregated data provided by grantees pursuant to subdivision (A) of paragraph (1), and an assessment of the extent to which the outreach campaign resulted in an increase in the IHSS workforce. The report shall be submitted no later than six months from the conclusion of the program.
(B)  A report submitted pursuant to this paragraph shall be submitted in accordance with Section 9795 of the Government Code.
(c) The department shall consult with stakeholders in the development of the outreach program and reporting requirements, including, but not limited to, the following:
(1) Immigrant service organizations.
(2) Aging and disability advocates.
(3) The California Association of Public Authorities.
(4) The County Welfare Directors Association of California.
(5) Provider representatives.
(6) Marketing firms with experience in multicultural communications and advertising.
(7) Other agencies, as appropriate.
(d) The establishment of the grant-based outreach and education program pursuant to this section shall be contingent upon appropriation by the Legislature for that purpose.
(e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 3.

 It is the intent of the Legislature to enact subsequent legislation that permits undocumented in-home supportive services recipients to select a relative as their provider of choice, regardless of immigration status.