Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes and avoid institutionalization. Existing law specifies that supportive services include, among other things, domestic services, personal care services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement.

This bill would authorize an applicant for, or recipient of, in-home supportive services to designate an individual to act as his or her authorized representative for purposes of the IHSS program. The bill would define “authorized representative” to mean an individual who is designated in writing, on a form developed by the State Department of Social Services, by an applicant or recipient to accompany, assist, and represent the applicant or recipient for specified purposes related to the program. The bill would require the form to specify the responsibilities to be performed by the authorized representative and to provide that the designation may be changed or revoked at any time by the applicant or recipient. The bill would also provide that the authorized representative has the responsibility to act in the applicant or recipient’s best interest. The bill would exclude certain persons from serving as an authorized representative, including a person who is prohibited from being a provider of services following a conviction for, or incarceration following a conviction for, fraud against a government health care or supportive services program. The bill would require the department, in consultation with specified parties, including representatives of applicants for, and recipients of, services, to develop a form for this purpose, as specified. The bill would require a county to retain the original form that designates an authorized representative in the applicant or recipient’s IHSS case file, and to provide copies of the form to the applicant or recipient and to the authorized representative. By creating additional duties for local officials, the bill would impose a state-mandated local program. The bill would authorize the department to implement and administer these provisions through all-county letters or similar instructions until regulations are adopted, and would require the department to, no later than July 1, 2016, adopt emergency regulations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.