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AB-3082 In-home supportive services.(2017-2018)

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Date Published: 06/28/2018 09:00 PM
AB3082:v95#DOCUMENT

Amended  IN  Senate  June 28, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3082


Introduced by Assembly Member Gonzalez Fletcher

February 16, 2018


An act to add Section 12318 to the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 3082, as amended, Gonzalez Fletcher. In-home supportive services.
Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires a prospective IHSS provider to complete a provider orientation at the time of enrollment that includes, among other things, the requirements to be an eligible IHSS provider, a description of the IHSS program, and the rules, regulations, and provider-related processes and procedures under the IHSS program.
This bill would require the department, in consultation with interested stakeholders, to develop a policy plan to address the issue of sexual harassment of IHSS providers. providers and recipients. The bill would require the policy plan to include uniform data collection that includes a mechanism to track reports of sexual harassment a recommended uniform method to track reports and outcomes of sexual harassment cases in the program and standardized sexual harassment education for providers and recipients. recipients, as specified. The bill would require the department, on or before September 30, 2019, and in consultation with the interested stakeholders, to submit a report to the Legislature summarizing the policy. plan.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12318 is added to the Welfare and Institutions Code, to read:

12318.
 (a) The State Department of Social Services shall, in consultation with interested stakeholders, develop a policy plan to address the issue of sexual harassment of in-home supportive services providers and recipients that includes, but is not limited to, both of the following:

(1)Uniform data collection that includes a mechanism to track reports of sexual harassment in the program.

(1) A recommended uniform method to track reports and outcomes of sexual harassment cases in the program and the recommended entity responsible for collecting that data. The recommended uniform method shall comply with applicable state and federal confidentiality laws.
(2) Standardized education on sexual harassment for providers and recipients. recipients, the responsible entity for providing the education, and a process through which the education will be provided.
(b) The department shall convene its first meeting with the interested stakeholders to develop the policy plan no later than February 1, 2019, and shall meet regularly thereafter.
(c) The department shall, on or before September 30, 2019, and in consultation with interested stakeholders, submit a report to the Legislature summarizing the policy plan developed pursuant to subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.
(d) This section does not change the nature of the employment relationship between providers and the county or public authority or nonprofit consortium that serves as the employer of the in-home supportive services personnel referred to recipients under paragraph (3) of subdivision (e) of Section 12301.6 within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code.