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AB-2872 In-home supportive services: peer-to-peer training.(2017-2018)

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Date Published: 08/31/2018 09:00 PM
AB2872:v95#DOCUMENT

Enrolled  August 31, 2018
Passed  IN  Senate  August 27, 2018
Passed  IN  Assembly  August 29, 2018
Amended  IN  Senate  August 17, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2872


Introduced by Assembly Member Carrillo

February 16, 2018


An act to add Section 12301.71 to the Welfare and Institutions Code, relating to in-home supportive services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2872, Carrillo. In-home supportive services: peer-to-peer training.
Existing law establishes the county-administered In-Home Supportive Services program to provide supportive services to aged, blind, or disabled persons, as defined, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. Existing law requires the State Department of Social Services to perform certain administrative duties in connection with the program. Existing law authorizes a county board of supervisors to contract with a nonprofit consortium, or to establish a public authority, to provide in-home supportive services and requires those entities to perform specified functions, including providing training to providers and recipients.
This bill would require the department, on or before July 1, 2019, and in consultation with employee representative organizations, to adopt a process to compensate providers of in-home supportive services for conducting peer-to-peer training. The bill would require the subject areas of the training to include how to enroll as a new provider in the In-Home Supportive Services program and how to navigate the program, as specified. The bill would require a provider conducting peer-to-peer training to be compensated at the county’s prevailing wage rate for providing in-home supportive services. The bill would require the department to ensure that peer-to-peer hours are reimbursed to the employee representative organization for disbursement to the provider, no later than the 15th day of the following month. The bill would make attendance at the peer-to-peer training voluntary and would not require compensation to attendees.
By imposing new duties on counties, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 12301.71 is added to the Welfare and Institutions Code, to read:

12301.71.
 (a) On or before July 1, 2019, the department shall, in consultation with employee representative organizations, adopt a process to compensate providers of in-home supportive services for conducting peer-to-peer training. The subject areas for the peer-to-peer training shall relate to the In-Home Supportive Services program and shall include, but not be limited to, the following:
(1) How to enroll as a new provider.
(2) How to navigate the program.
(3) How to avoid making errors on timesheets.
(4) How to navigate policy changes to the program.
(5) Education regarding, and promotion of, other services, such as direct deposit, that may help to lower administrative costs of the program.
(b) (1) The peer-to-peer training described in subdivision (a) shall be complementary to, and not in place of, any other training provided by the county, a nonprofit consortium, or a public authority established pursuant to Section 12301.6.
(2) Attendance at the peer-to-peer training described in subdivision (a) shall be voluntary.
(c) The department shall designate the hours, per county, to compensate providers of in-home supportive services for educating other providers of in-home supportive services based on the presumption that every authorized provider in a county may receive a maximum of two hours of peer-to-peer training in a group with no more than 10 total providers.
(d) (1) A provider conducting peer-to-peer training shall be compensated at the county’s prevailing wage rate for providing in-home supportive services.
(2) This section does not require compensation to attendees of the peer-to-peer training, including, but not limited to, providers and consumers.
(e) (1) The number of authorized providers conducting training shall be verified on a monthly basis by the department.
(2) The hours worked by a provider educating other providers as described in this section shall be reimbursed by the department to the employee representative organization.
(3) On or before March 1, 2019, the department shall establish, in collaboration with employee representative organizations, a process by which an employee representative organization shall report the number of peer-to-peer hours submitted by a provider for reimbursement each month.
(4) Based on the process established by paragraph (3), the department shall ensure that peer-to-peer hours are reimbursed to the employee representative organization for disbursement to the provider, no later than the 15th day of the following month.
(f) (1) The hours of education completed by a provider as described in this section shall not be included in a recipient’s hours of service.
(2) The hours worked by a provider educating other providers as described in this section does not count toward the provider’s workweek limits as described in paragraph (2) of subdivision (b) of Section 12300.4.
(g) Beginning on January 1, 2020, and annually thereafter, the department shall increase or decrease the designated annual peer-to-peer hours per county based on the provider turnover rate in that county from the previous year.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.