BILL NUMBER: ABX3 6 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 14, 2009
AMENDED IN ASSEMBLY JANUARY 7, 2009
INTRODUCED BY Assembly Member Evans
JANUARY 5, 2009
An act relating to the Budget Act of 2008.
An act to amend Sections 4639.5, 4640.6, 11453, 12201, 12305.1, and
12306.1 of, to add Sec tions 11450.02 and 12200.019 to,
and to add and repeal Section 12200.018 of, the Welfare and
Institutions Code, relating to human services, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 6, as amended, Evans. Budget Act of 2008.
Human services.
Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to
allocate funds to private nonprofit regional centers for the
provision of community services and support for persons with
developmental disabilities and their families and sets forth the
duties of regional centers in that regard.
Existing law requires that contracts between the department and
regional centers specify certain coordinator-to-consumer ratios.
Existing law also requires these contracts to require the regional
center to have, or contract for, expertise in certain areas.
This bill would provide that, from February 1, 2009, to June 30,
2010, inclusive, certain coordinator-to-consumer ratio requirements
shall not apply and that a regional center shall not be required to
have or contract for certain areas of expertise.
Existing law requires regional centers, by December 1 of each
year, to provide a listing to the department of a complete salary
schedule for all personnel classifications used by the regional
center and information on all prior fiscal year expenditures, as
specified.
This bill, from February 1, 2009, to June 30, 2010, inclusive,
would suspend the salary schedule reporting requirements. The bill
would also provide that regional centers shall not be required to
report certain prior fiscal year operations expenditures in 2009.
The bill would also require regional centers, in order to
implement changes in the level of funding for regional center
purchase of services, from February 1, 2009, to June 30, 2010,
inclusive, to reduce certain payments for services delivered on or
after February 1, 2009, by 3%, except as specified.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program under which, through a combination of state and county funds
and federal funds received through the TANF program, each county
provides cash assistance and other benefits to qualified low-income
families.
Existing law establishes maximum aid grant amounts to be provided
under the CalWORKs program, and provides, with certain exceptions,
including the 2007-08 and 2008-09 fiscal years for an annual
cost-of-living adjustment to be made in the maximum aid payments
provided to needy families under the program.
This bill would reduce the maximum aid payments in effect on
September 1, 2007, by 4%, unless a specified notice is made by the
Director of Finance to the Joint Legislative Budget Committee, in
accordance with a designated section of the Government Code.
This bill would provide that no adjustment to the maximum aid
payment would be made for the 2009-10 fiscal year.
Existing law provides for the State Supplementary Program for the
Aged, Blind and Disabled (SSP), which requires the State Department
of Social Services to contract with the United States Secretary of
Health and Human Services to make payments to SSP recipients to
supplement Supplemental Security Income (SSI) payments made available
pursuant to the federal Social Security Act.
Under existing law, benefit payments under the SSP are calculated
by establishing the maximum level of nonexempt income and federal SSI
and state SSP benefits for each category of eligible recipient. The
state SSP payment is the amount, when added to the nonexempt income
and SSI benefits available to the recipient, which would be required
to provide the maximum benefit payment. Under existing law, this
adjustment becomes effective on January 1 of each year, until the
2010 calendar year, and thereafter, when the adjustment takes effect
on June 1.
This bill would provide that, on May 1, 2009, the maximum aid
payment levels in effect on January 1, 2009, would be reduced to the
payment levels in effect on December 1, 2008, except as specified.
The bill would provide for a further reduction of these benefits of
2.3 percent, commencing July 1, 2009, unless a specified notice is
made by the Director of Finance to the Joint Legislative Budget
Committee, in accordance with a designated section of the Government
Code. The bill would provide that no benefit adjustment would be made
for the 2010 calendar year, and would require the adjustment to be
made effective June 1 commencing with the 2011 calendar year and
thereafter.
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 federal Medicaid program, which is
administered by each state. California's version of this program is
the Medi-Cal program, which is administered by the State Department
of Health Services and under which qualified low-income persons
receive health care benefits.
Existing law provides for the payment of a supplementary benefit
under the IHSS program to any eligible aged, blind, or disabled
person who is receiving Medi-Cal personal care services and who would
otherwise be deemed a categorically needy recipient under the IHSS
program.
This bill would limit this supplementary payment to individuals
who received Medi-Cal personal care services before July 1, 2009, who
continue to receive those services, unless a specified notice is
made by the Director of Finance to the Joint Legislative Budget
Committee, in accordance with a designated section of the Government
Code.
Existing law provides that when any increase in provider wages or
benefits is negotiated or agreed to by a public authority or
nonprofit consortium, the county shall use county-only funds for the
state and county share of any increase in the program, unless
otherwise provided in the Budget Act or appropriated by statute.
Existing law establishes a formula with regard to provider wages
or benefits increases negotiated or agreed to by a public authority
or nonprofit consortium, and specifies the percentages required to be
paid by the state and counties, beginning with the 2000-01 fiscal
year, with regard to the nonfederal share of any increases.
This bill, notwithstanding the existing formula, would limit state
participation to a total cost of wages up to $9.50 per hour and
individual health benefits up to $0.60 per hour, commencing July 1,
2009, unless a specified notice is made by the Director of Finance to
the Joint Legislative Budget Committee, in accordance with a
designated section of the Government Code.
This bill would authorize the State Department of Social Services
to implement the changes made by this bill relating to the IHSS
program through all-county letters or similar instructions from the
director, pending the adoption of emergency regulations.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
This bill would declare that it is to take effect immediately as
an urgency statute.
This bill would express the intent of the Legislature to make
statutory changes relating to the Budget Act of 2008.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4639.5 of the
Welfare and Institutions Code is amended to read:
4639.5. (a) By December 1 of each year, each regional center
shall provide a listing to the State Department of Developmental
Services a complete current salary schedule for all personnel
classifications used by the regional center. The information shall be
provided in a format prescribed by the department. The department
shall provide this information to the public upon request. From
February 1, 2009, to June 30, 2010, inclusive, the requirements of
this subdivision shall not apply.
(b) By December 1 of each year, each regional center shall report
information to the State Department of Developmental Services on all
prior fiscal year expenditures from the regional center operations
budget for all administrative services, including managerial,
consultant, accounting, personnel, labor relations, and legal
services, whether procured under a written contract or otherwise.
Expenditures for the maintenance, repair , or purchase of
equipment or property shall not be required to be reported for
purposes of this subdivision. The report shall be prepared in a
format prescribed by the department and shall include, at a minimum,
for each recipient the amount of funds expended, the type of service,
and purpose of the expenditure. The department shall provide this
information to the public upon request. Regional centers shall
not be required to prepare or submit the report required by this
subdivision in 2009.
SEC. 2. Section 4640.6 of the Welfare
and Institutions Code is amended to read:
4640.6. (a) In approving regional center contracts, the
department shall ensure that regional center staffing patterns
demonstrate that direct service coordination are the highest
priority.
(b) Contracts between the department and regional centers shall
require that regional centers implement an emergency response system
that ensures that a regional center staff person will respond to a
consumer, or individual acting on behalf of a consumer, within two
hours of the time an emergency call is placed. This emergency
response system shall be operational 24 hours per day, 365 days per
year.
(c) Contracts between the department and regional centers shall
require regional centers to have service coordinator-to-consumer
ratios, as follows:
(1) An average service coordinator-to-consumer ratio of 1 to 62
for all consumers who have not moved from the developmental centers
to the community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 79 consumers for more than 60 days.
(2) An average service coordinator-to-consumer ratio of 1 to 45
for all consumers who have moved from a developmental center to the
community since April 14, 1993. In no case shall a service
coordinator for these consumers have an assigned caseload in excess
of 59 consumers for more than 60 days.
(3) Commencing January 1, 2004, the following
coordinator-to-consumer ratios shall apply:
(A) All consumers three years of age and younger and for consumers
enrolled on in the Home and
Community-based Services Waiver program for persons with
developmental disabilities, an average service
coordinator-to-consumer ratio of 1 to 62.
(B) All consumers who have moved from a developmental center to
the community since April 14, 1993, and have lived continuously in
the community for at least 12 months, an average service
coordinator-to-consumer ratio of 1 to 62.
(C) All consumers who have not moved from the developmental
centers to the community since April 14, 1993, and who are not
described in subparagraph (A), an average service
coordinator-to-consumer ratio of 1 to 66.
(4) For purposes of paragraph (3), service coordinators may have a
mixed caseload of consumers three years of age and younger,
consumers enrolled on in the Home and
Community-based Services Waiver program for persons with
developmental disabilities, and other consumers if the overall
average caseload is weighted proportionately to ensure that overall
regional center average service coordinator-to-consumer ratios as
specified in paragraph (3) are met. For purposes of paragraph (3), in
no case shall a service coordinator have an assigned caseload in
excess of 84 for more than 60 days.
(d) For purposes of this section, "service coordinator" means a
regional center employee whose primary responsibility includes
preparing, implementing, and monitoring consumers' individual program
plans, securing and coordinating consumer services and supports, and
providing placement and monitoring activities.
(e) In order to ensure that caseload ratios are maintained
pursuant to this section, each regional center shall provide service
coordinator caseload data to the department, annually for each fiscal
year. The data shall be submitted in the format, including the
content, prescribed by the department. Within 30 days of receipt of
data submitted pursuant to this subdivision, the department shall
make a summary of the data available to the public upon request. The
department shall verify the accuracy of the data when conducting
regional center fiscal audits. Data submitted by regional centers
pursuant to this subdivision shall:
(1) Only include data on service coordinator positions as defined
in subdivision (d). Regional centers shall identify the number of
positions that perform service coordinator duties on less than a
full-time basis. Staffing ratios reported pursuant to this
subdivision shall reflect the appropriate proportionality of these
staff to consumers served.
(2) Be reported separately for service coordinators whose caseload
includes any of the following:
(A) Consumers who are three years of age and older and who have
not moved from the developmental center to the community since April
14, 1993.
(B) Consumers who have moved from a developmental center to the
community since April 14, 1993.
(C) Consumers who are younger than three years of age.
(D) Consumers enrolled in the Home and Community-based Services
Waiver program.
(3) Not include positions that are vacant for more than 60 days or
new positions established within 60 days of the reporting month that
are still vacant.
(4) For purposes of calculating caseload ratios for consumers
enrolled in the Home- and Community-based Services Waiver program,
vacancies shall not be included in the calculations.
(f) The department shall provide technical assistance and require
a plan of correction for any regional center that, for two
consecutive reporting periods, fails to maintain service coordinator
caseload ratios required by this section or otherwise demonstrates an
inability to maintain appropriate staffing patterns pursuant to this
section. Plans of correction shall be developed following input from
the local area board, local organizations representing consumers,
family members, regional center employees, including recognized labor
organizations, and service providers, and other interested parties.
(g) Contracts between the department and regional center shall
require the regional center to have, or contract for, all of the
following areas:
(1) Criminal justice expertise to assist the regional center in
providing services and support to consumers involved in the criminal
justice system as a victim, defendant, inmate, or parolee.
(2) Special education expertise to assist the regional center in
providing advocacy and support to families seeking appropriate
educational services from a school district.
(3) Family support expertise to assist the regional center in
maximizing the effectiveness of support and services provided to
families.
(4) Housing expertise to assist the regional center in accessing
affordable housing for consumers in independent or supportive living
arrangements.
(5) Community integration expertise to assist consumers and
families in accessing integrated services and supports and improved
opportunities to participate in community life.
(6) Quality assurance expertise, to assist the regional center to
provide the necessary coordination and cooperation with the area
board in conducting quality-of-life assessments and coordinating the
regional center quality assurance efforts.
(7) Each regional center shall employ at least one consumer
advocate who is a person with developmental disabilities.
(8) Other staffing arrangements related to the delivery of
services that the department determines are necessary to ensure
maximum cost-effectiveness and to ensure that the service needs of
consumers and families are met.
(h) Any regional center proposing a staffing arrangement that
substantially deviates from the requirements of this section shall
request a waiver from the department. Prior to granting a waiver, the
department shall require a detailed staffing proposal, including,
but not limited to, how the proposed staffing arrangement will
benefit consumers and families served, and shall demonstrate clear
and convincing support for the proposed staffing arrangement from
constituencies served and impacted, that include, but are not limited
to, consumers, families, providers, advocates, and recognized labor
organizations. In addition, the regional center shall submit to the
department any written opposition to the proposal from organizations
or individuals, including, but not limited to, consumers, families,
providers, and advocates, including recognized labor organizations.
The department may grant waivers to regional centers that
sufficiently demonstrate that the proposed staffing arrangement is in
the best interest of consumers and families served, complies with
the requirements of this chapter, and does not violate any
contractual requirements. A waiver shall be approved by the
department for up to 12 months, at which time a regional center may
submit a new request pursuant to this subdivision.
(i) The requirements of subdivisions (c), (f), and (h) shall not
apply when a regional center is required to develop an expenditure
plan pursuant to Section 4791, and when the expenditure plan
addresses the specific impact of the budget reduction on staffing
requirements and the expenditure plan is approved by the department.
(i) From February 1, 2009, to June 30, 2010, inclusive, the
following shall not apply:
(1) The service coordinator-to-consumer ratio requirements of
paragraph (1), and subparagraph (C) of paragraph (3), of subdivision
(c).
(2) The requirements of subdivision (e). The regional centers
shall, instead, maintain sufficient service coordinator caseload data
to document compliance with the service coordinator-to-consumer
ratio requirements in effect pursuant to this section.
(3) The requirements of paragraphs (1) to (6), inclusive, of
subdivision (g).
(j) (1) Any contract between the department and a regional center
entered into on and after January 1, 2003, shall require that all
employment contracts entered into with regional center staff or
contractors be available to the public for review, upon request. For
purposes of this subdivision, an employment contract or portion
thereof may not be deemed confidential nor unavailable for public
review.
(2) Notwithstanding paragraph (1), the social security number of
the contracting party may not be disclosed.
(3) The term of the employment contract between the regional
center and an employee or contractor shall not exceed the term of the
state's contract with the regional center.
SEC. 3. Section 11450.02 is added to the
Welfare and Institutions Code , to read:
11450.02. Notwithstanding any other provision of law, commencing
July 1, 2009, the maximum aid payments in effect September 1, 2007,
as specified in paragraph (1) of subdivision (a) of Section 11450,
shall be reduced by 4 percent.
SEC. 4. Section 11453 of the Welfare and
Institutions Code is amended to read:
11453. (a) Except as provided in subdivision (c), the amounts set
forth in Section 11452 and subdivision (a) of Section 11450 shall be
adjusted annually by the department to reflect any increases or
decreases in the cost of living. These adjustments shall become
effective July 1 of each year, unless otherwise specified by the
Legislature. For the 2000-01 fiscal year to the 2003-04 fiscal year,
inclusive, these adjustments shall become effective October 1 of each
year. The cost-of-living adjustment shall be calculated by the
Department of Finance based on the changes in the California
Necessities Index, which as used in this section means the weighted
average changes for food, clothing, fuel, utilities, rent, and
transportation for low-income consumers. The computation of annual
adjustments in the California Necessities Index shall be made in
accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
Total............................ $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period ending with the
December preceding the year for which the cost-of-living adjustment
will take effect, for each expenditure category specified in
subdivision (a) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in subdivision (a) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in subdivision (d) for the prior year.
(b) The overall adjustment factor determined by the preceding
computation steps shall be multiplied by the schedules established
pursuant to Section 11452 and subdivision (a) of Section 11450 as are
in effect during the month of June preceding the fiscal year in
which the adjustments are to occur and the product rounded to the
nearest dollar. The resultant amounts shall constitute the new
schedules which shall be filed with the Secretary of State.
(c) (1) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing the benefits under this chapter for the
1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and
1997-98 fiscal years, and through October 31, 1998, to reflect any
change in the cost of living. For the 1998-99 fiscal year, the cost
of living adjustment that would have been provided on July 1, 1998,
pursuant to subdivision (a) shall be made on November 1, 1998. No
adjustment to the maximum aid payment set forth in subdivision (a) of
Section 11450 shall be made under this section for the purpose of
increasing the benefits under this chapter for the 2005-06 and
2006-07 fiscal years to reflect any change in the cost-of-living.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(2) No adjustment to the minimum basic standard of adequate care
set forth in Section 11452 shall be made under this section for the
purpose of increasing the benefits under this chapter for the 1990-91
and 1991-92 fiscal years to reflect any change in the cost of
living.
(3) In any fiscal year commencing with the 2000-01 fiscal year to
the 2003-04 fiscal year, inclusive, when there is any increase in tax
relief pursuant to the applicable paragraph of subdivision (a) of
Section 10754 of the Revenue and Taxation Code, then the increase
pursuant to subdivision (a) of this section shall occur. In any
fiscal year commencing with the 2000-01 fiscal year to the 2003-04
fiscal year, inclusive, when there is no increase in tax relief
pursuant to the applicable paragraph of subdivision (a) of Section
10754 of the Revenue and Taxation Code, then any increase pursuant to
subdivision (a) of this section shall be suspended.
(4) Notwithstanding paragraph (3), an adjustment to the maximum
aid payments set forth in subdivision (a) of Section 11450 shall be
made under this section for the 2002-03 fiscal year, but the
adjustment shall become effective June 1, 2003.
(5) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing benefits under this chapter for the
2007-08 and 2008-09 , 2008- 09,
and 2009- 10 fiscal years.
(d) For the 2004-05 fiscal year, the adjustment to the maximum aid
payment set forth in subdivision (a) shall be suspended for three
months commencing on the first day of the first month following the
effective date of the act adding this subdivision.
(e) Adjustments for subsequent fiscal years pursuant to this
section shall not include any adjustments for any fiscal year in
which the cost of living was suspended pursuant to subdivision (c).
SEC. 5. Section 12200.018 is added to the
Welfare and Institutions Code , to read:
12200.018. (a) Notwithstanding any other provision of law, the
maximum aid payments in effect on January 1, 2009, in accordance with
Article 5 of Chapter 3 of Division 9 of the Welfare and Institutions
Code, except payments made pursuant to subdivisions (e), (g), and
(h) of Section 12200, shall be reduced to the payment levels in
effect on December 1, 2008.
(b) Notwithstanding subdivision (a), in no event shall the payment
schedules be reduced below the level required by the federal Social
Security Act in order to maintain eligibility for federal funding
under Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(c) This section shall become operative on May 1, 2009.
(d) This section shall become inoperative on July 1, 2009, and as
of that date is repealed, but only if Section 12200.019 becomes
operative on that date.
SEC. 6. Section 12200.019 is added to the
Welfare and Institutions Code , to read:
12200.019. (a) Notwithstanding any other provision of law, the
maximum aid payments in effect on January 1, 2009, in accordance with
Article 5 of Chapter 3 of Division 9, except payments made pursuant
to subdivisions (e), (g), and (h) of Section 12200, shall be reduced
to the payment levels in effect on December 1, 2008, and shall be
further reduced by 2.3 percent.
(b) Notwithstanding subdivision (a), in no event shall the payment
schedules be reduced below the level required by the federal Social
Security Act in order to maintain eligibility for federal funding
under Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(c) This section shall become operative on July 1, 2009.
SEC. 7. Section 12201 of the Welfare
and Institutions Code is amended to read:
12201. (a) Except as provided in subdivision (d), the payment
schedules set forth in Section 12200 shall be adjusted annually to
reflect any increases or decreases in the cost of living. Except as
provided in subdivision (e), (f), or (g), these
adjustments shall become effective January 1 of each year. The
cost-of-living adjustment shall be based on the changes in the
California Necessities Index, which as used in this section shall be
the weighted average of changes for food, clothing, fuel, utilities,
rent, and transportation for low-income consumers. The computation of
annual adjustments in the California Necessities Index shall be made
in accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
-----------
Total............................ $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period which ends 12
months prior to the January in which the cost-of-living adjustment
will take effect, for each expenditure category specified in
paragraph (1) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in paragraph (1) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in paragraph (4) for the prior year.
(b) The overall adjustment factor determined by the preceding
computational steps shall be multiplied by the payment schedules
established pursuant to Section 12200 as are in effect during the
month of December preceding the calendar year in which the
adjustments are to occur, and the product rounded to the nearest
dollar. The resultant amounts shall constitute the new schedules for
the categories given under subdivisions (a), (b), (c), (d), (e), (f),
and (g) of Section 12200, and shall be filed with the Secretary of
State. The amount as set forth in subdivision (h) of Section 12200
shall be adjusted annually pursuant to this section in the event that
the secretary agrees to administer payment under that subdivision.
The payment schedule for subdivision (i) of Section 12200 shall be
computed as specified, based on the new payment schedules for
subdivisions (a), (b), (c), and (d) of Section 12200.
(c) The department shall adjust any amounts of aid under this
chapter to insure that the minimum level required by the Social
Security Act in order to maintain eligibility for funds under Title
XIX of that act is met.
(d) (1) No adjustment shall be made under this section for the
1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 2004, 2006, 2007,
2008, and 2009 , and 2010 calendar
years to reflect any change in the cost of living. Elimination of the
cost-of-living adjustment pursuant to this paragraph shall satisfy
the requirements of Section 12201.05, and no further reduction shall
be made pursuant to that section.
(2) Any cost-of-living adjustment granted under this section for
any calendar year shall not include adjustments for any calendar year
in which the cost of living was suspended pursuant to paragraph (1).
(e) For the 2003 calendar year, the adjustment required by this
section shall become effective June 1, 2003.
(f) For the 2005 calendar year, the adjustment required by this
section shall become effective April 1, 2005.
(g) (1) Commencing with the 2010 2011
calendar year and in each calendar year thereafter, the annual
adjustment required by this section shall be effective June 1 of that
calendar year.
(2) Notwithstanding paragraph (1), the pass along of federal
benefits provided for in Section 12201.05 shall be effective on
January 1 of each calendar year.
SEC. 8. Section 12305.1 of the Welfare
and Institutions Code is amended to read:
12305.1. (a) Any aged, blind, or disabled individual who
is receiving received Medi-Cal personal care
services pursuant to subdivision (p) of Section 14132.95 before
July 1, 2009, and who continues to receive those services , and
who would otherwise be deemed a categorically needy recipient
pursuant to Section 12305, is eligible to receive a supplementary
payment under this article to be used towards the purchase of
personal care services. Additionally, any aged, blind, or disabled
individual who is receiving
received services pursuant to
Section 14132.951 before July 1, 2009, and who continues to
receive those services , and who would otherwise be deemed a
categorically needy recipient pursuant to Section 12305 is eligible
to receive a supplementary payment under this article to be used
towards the purchase of services under Section 14132.951.
(b) A supplementary payment pursuant to this section shall be the
difference between the following amounts:
(1) A beneficiary's excess income as determined under Section
12304.5.
(2) The beneficiary's nonexempt income as determined pursuant to
Section 14005.7, in excess of the income levels for maintenance need
pursuant to Section 14005.12.
(c) Notwithstanding subdivisions (a) and (b), no supplementary
payment shall be made pursuant to this section unless the amount
specified in paragraph (2) of subdivision (b) is larger than the
amount specified in paragraph (1) of subdivision (b).
(d) In the event of a final judicial determination by any court of
appellate jurisdiction or a final determination by the Administrator
of the federal Centers for Medicare and Medicaid Services that
supplemental payments to medically needy persons not receiving
services pursuant to subdivision (p) of Section 14132.95 or Section
14132.951 must be made, then this section and subdivision (p) of
Section 14132.95 shall cease to be operative on the first day of the
month that begins after the expiration of a period of 30 days
subsequent to a notification in writing by the Director of Finance to
the chairperson of the committee in each house that considers
appropriations, the chairpersons of the committees and the
appropriate subcommittees in each house that consider the State
Budget, and the Chairperson of the Joint Legislative Budget
Committee.
(e) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
until emergency regulations are filed with the Secretary of State,
the department may implement this section through all-county letters
or similar instructions from the director. The department shall adopt
emergency regulations implementing this section no later than
September 30, 2006, unless notification of a delay is made to the
Chair of the Joint Legislative Budget Committee prior to that date.
The notification shall include the reason for the delay, the current
status of the emergency regulations, a date by which the emergency
regulations shall be adopted, and a statement of need to continue use
of all-county letters or similar instructions. Under no
circumstances shall the adoption of emergency regulations be delayed,
or the use of all-county letters or similar instructions be
extended, beyond June 30, 2007.
(2) The adoption of regulations implementing this section shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. The emergency
regulations authorized by this section shall be exempt from review by
the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days, by which time final
regulations shall be promulgated.
SEC. 9. Section 12306.1 of the Welfare
and Institutions Code is amended to read:
12306.1. (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute. No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Care Services for the increase
pursuant to a determination that it is consistent with federal law
and to ensure federal financial participation for the services under
Title XIX of the federal Social Security Act, and unless and until
all of the following conditions have been met:
(1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority of or nonprofit
consortium rate, including wages and related expenditures. The
documentation shall be received by the department before the
department and the State Department of Health Care
Services may approve the increase.
(2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
(b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department. The
department may grant approval on a conditional basis, subject to the
availability of funding.
(c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
(d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers. This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5), and without regard to when the wage and benefit increase
becomes effective.
(2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
for the 2001-02 fiscal year and each fiscal year thereafter, unless
otherwise provided in paragraphs (3), (4), and (5).
(3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both. This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenue, excluding
transfers, for the year in which paragraph (2) became operative.
(4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour. Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both. This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
(5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour. Counties shall
determine, pursuant to the collective bargaining process provided for
in subdivision (c) of Section 12301.6, what portion of the twelve
dollars and ten cents ($12.10) per hour shall be used to fund wage
increases above seven dollars and fifty cents ($7.50) per hour or
individual health benefit increases, or both. This paragraph shall be
operative commencing with the next state fiscal year for which the
May Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (4) became
operative.
(6) Notwithstanding paragraphs (2) to (5), inclusive, the state
shall participate as provided in subdivision (c) in a total cost of
wages up to nine dollars and fifty cents ($9.50) per hour and in
individual health benefits up to sixty cents ($0.60) per hour. This
paragraph shall become operative on July 1, 2009.
(e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
(2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
(f) Any increase in overall state participation in wage and
benefit increases under paragraphs (2) to (5), inclusive, of
subdivision (d), shall be limited to a wage and benefit increase of
one dollar ($1) per hour with respect to any fiscal year. With
respect to actual changes in specific wages and health benefits
negotiated through the collective bargaining process, the state shall
participate in the costs, as approved in subdivision (c), up to the
maximum levels as provided under paragraphs (2) to (5)
(6) , inclusive, of subdivision (d).
SEC. 10. (a) Notwithstanding any other provision
of law, in order to implement changes in the level of funding for
regional center purchase of services, regional centers shall reduce
payments for services and supports provided pursuant to Title 14
(commencing with Section 95000) of the Government Code and Division
4.1 (commencing with Section 4400) and Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code. From February 1,
2009, to June 30, 2010, inclusive, regional centers shall reduce all
payments for these services and supports paid from purchase of
services funds for services delivered on or after February 1, 2009,
by 3 percent, unless the regional center demonstrates that a
nonreduced payment is necessary to protect the health and safety of
the individual for whom the services and supports are proposed to be
purchased, and the State Department of Developmental Services has
granted prior written approval.
(b) Regional centers shall not reduce payments pursuant to
subdivision (a) for the following:
(1) Supported employment services with rates set by Section 4860
of the Welfare and Institutions Code.
(2) Services with "usual and customary" rates established pursuant
to Section 57210 of Title 17 of the California Code of Regulations.
(3) Payments to offset reductions in Supplemental Security
Income/State Supplementary Payment (SSI/SSP) benefits for consumers
receiving supported and independent living services.
(c) Notwithstanding any other provision of law, in order to
implement changes in the level of funding appropriated for regional
centers, the department shall amend regional center contracts to
adjust regional center budgets accordingly for the 2008-09 fiscal
year. The contract amendments and budget adjustments shall be exempt
from the provisions of Article 1 (commencing with Section 4620) of
Chapter 5 of Division 4.5 of the Welfare and Institutions Code.
SEC. 11. Upon notification from the Director of
Finance to the Joint Legislative Budget Committee pursuant to Section
99030 of the Government Code, Sections 3 and 6 of this act and the
amendments to Sections 12305.1 and 12306.1 of the Welfare and
Institutions Code, as contained in Sections 8 and 9, of this act
shall be inoperative.
SEC. 12. (a) Notwithstanding the rulemaking
provisions of the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, until emergency regulations are filed with the
Secretary of State, the State Department of Social Services may
implement Sections 8 and 9 of this act through all-county letters or
similar instructions from the director. The department shall adopt
emergency regulations, as necessary, to implement the specified
provisions of this act, no later than December 1, 2010, unless
notification of a delay is made to the Chair of the Joint Legislative
Budget Committee prior to that date. Under no circumstances shall an
adoption of emergency regulations be delayed, or the use of
all-county letters or similar instructions be extended, beyond
December 1, 2011.
(b) The adoption of regulations implementing the applicable
provisions of this act shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. The emergency regulations authorized by
this section shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days, by which time the final regulations shall be
adopted.
SEC. 13. This act addresses the fiscal emergency
declared by the Governor by proclamation on December 19, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.
SEC. 14. 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 enable statutory changes to be made in human services
provisions at the earliest possible time, it is necessary that this
act go into immediate effect.
SECTION 1. It is the intent of the Legislature
to make statutory changes relating to the Budget Act of 2008.
SEC. 2. This act addresses the fiscal emergency
declared by the Governor by proclamation on December 19, 2008,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.