BILL NUMBER: AB 908 CHAPTERED
BILL TEXT
CHAPTER 307
FILED WITH SECRETARY OF STATE AUGUST 3, 1995
APPROVED BY GOVERNOR AUGUST 3, 1995
PASSED THE ASSEMBLY JULY 31, 1995
PASSED THE SENATE JULY 30, 1995
AMENDED IN SENATE JULY 30, 1995
INTRODUCED BY Assembly Member Brulte
FEBRUARY 22, 1995
An act to amend Sections 1523.2 and 1569.617 of the Health and
Safety Code, to amend Section 1611.5 of the Unemployment Insurance
Code, to amend Sections 11450, 11462, 14005.12, 14005.21, 14132.95,
16504, 16506, 16525.10, 16525.40, and 19806 of, and to add Sections
11052.1, 11254, 11334.51, 11450.018, 11450.019, 11452.018, 12200.018,
12302.3, and 14132.96 to, the Welfare and Institutions Code,
relating to public services, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 908, Brulte. Budget implementation: public health programs.
Existing law specifies that for each fiscal year in which fees
collected by the State Department of Social Services for the issuance
of licenses or special permits to community care facilities,
residential care facilities for the elderly, and child day care
facilities exceed a specified amount, the excess fees shall be used
by the department to fund the creation and maintenance of new
licensing positions to provide technical assistance to licensees.
This bill would establish the Technical Assistance Fund, from
which moneys, upon appropriation by the Legislature, shall be
expended by the department to fund the creation of new licensing
staff positions.
Existing law establishes the Residential Care Facility for the
Elderly Fund, from which moneys, upon appropriation by the
Legislature, are expended by the department for the purposes of
administering residential care for the elderly facility provisions.
This bill would, instead, rename this fund the Certification Fund,
and would change its function to that of providing funds, when
appropriated, for administering specified certification provisions.
Existing law contains provisions relating to amounts to be
received by the referring district attorney upon the collection by
the Franchise Tax Board of a child support delinquency, as well as
the amount to be received by the Franchise Tax Board.
This bill would revise those allocations.
Existing law establishes the Greater Avenues for Independence
(GAIN) program, under which each county provides Aid to Families with
Dependent Children (AFDC) program recipients with employment and
training services, in accordance with approved county plans.
This bill would revise local funding methodologies for the GAIN
and Cal-Learn Programs.
Existing law provides for the AFDC program, under which each
county provides cash assistance and other benefits to qualified
low-income families. Each county is required to pay a share of the
cost of both aid grant and administrative costs for the AFDC program.
Under the AFDC program maximum aid grant levels are provided for
families, depending upon family size.
The bill would revise the maximum aid payment and eligibility
requirements for the AFDC program.
Existing law provides for the reduction of aid under the AFDC
program.
This bill would, if specified maximum aid payments under the AFDC
program may be applied without risk of federal funding, specify that
those existing aid reductions shall not apply to aid payments when
the parents or caretakers of eligible children meet specified
conditions.
Existing law continuously appropriates funds for the payment of
aid under the AFDC program, and, by increasing current aid payment
levels of certain recipients, this bill would result in an
appropriation.
Since each county is required to pay a share of AFDC aid grant
costs, and since the bill would increase the costs under that program
by altering the method for determining aid grants, the bill would
constitute a state-mandated local program.
Existing law provides for the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which payments are made
on behalf of low-income children in foster care placements,
including group homes.
Existing law specifies that a group home AFDC-FC reimbursement
rate shall not increase, during the 1994-95 fiscal year, as a result
of a program change, except under specified circumstances.
This bill would extend this provision to the 1995-96 fiscal year.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Services, under which qualified
low-income persons are provided with health care services.
Existing law provides, until July 1, 1996, that one of the
benefits covered by the Medi-Cal program are personal care services,
as defined.
This bill would extend these provisions to July 1, 1998.
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which various types of services, including many of
which are also covered by Medi-Cal personal services, are provided to
recipients in order to permit them to remain in their own homes.
One method for arranging for the provision of services under the IHSS
program is through the establishment by a county of a public
authority.
This bill would impose a state-mandated local program by providing
that Medi-Cal personal care services provider rates established for
an IHSS program public authority shall be reviewed and certified, as
specified, by the county in which the authority operates.
Existing law requires that family maintenance services shall be
provided or arranged for by county welfare departments in order to
maintain a child in his or her own home, specifies the circumstances
in which those services shall be provided, and limits the
availability of the services to not more than 2 6-month periods.
This bill would impose a state-mandated local program to include
any individual and child who are referred pursuant to the AFDC
eligibility process who are not placed in foster care and who meet
other criteria, and would require the provision of the services until
the individual reaches the age of 18.
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.
This bill would reduce the amount of aid available under the SSP
program for various categories of SSP recipients.
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which, either through employment by the recipient, or
by or through contract by the county, qualified aged, blind, and
disabled persons receive services enabling them to remain in their
own homes. Counties are responsible for the administration of the
IHSS program.
This bill would revise the public authority created by the City
and County of San Francisco in the implementation of the IHSS
program.
Under existing law, counties are required to provide child welfare
services and county social workers are required to make an immediate
in-person response in an emergency situation, as determined by the
social worker.
This bill would impose a state-mandated local program by requiring
an in-person response whenever a referral is received pursuant to
the AFDC eligibility screening process.
Existing law requires counties to provide family maintenance
services, and limits the period for which those services shall be
provided.
This bill would impose a state-mandated local program by requiring
the provision of those services to individuals and children referred
pursuant to the screening process in the AFDC eligibility process.
Existing law requires the State Department of Social Services to
conduct a demonstration project for the placement of foster care
children affected by substance abuse or Acquired Immune Deficiency
Syndrome (AIDS) in 4 participating counties, until June 30, 1995.
This bill would extend that program to June 30, 1996, and would
provide for the participation of 10 counties.
Existing law provides for the funding of independent living
centers by the Department of Rehabilitation pursuant to a specified
funding formula, in order to provide an array of services to disabled
persons.
Existing law specifies the methodology for allocating funds to
independent living centers.
This bill would revise the allocation of funds to independent
living centers that beginning with the 1996-97 fiscal year, and each
fiscal year thereafter, to the extent that such funds from the
federal Social Security Act were not appropriated by the Legislature
in the 1995-96 fiscal year, an amount equal to the combined state and
federal fund allocation to independent living centers in the Budget
Act of 1995 shall be appropriated to, and allocated by, the
Department of Rehabilitation to independent living centers.
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 no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1523.2 of the Health and Safety Code is amended
to read:
1523.2. (a) Beginning with the 1996-97 fiscal year, there is
hereby created in the State Treasury the Technical Assistance Fund,
from which money, upon appropriation by the Legislature in the Budget
Act, shall be expended by the department to fund the creation and
maintenance of new licensing staff positions to provide technical
assistance to licensees paying fees pursuant to those sections
specified in subdivision (b).
(b) In each fiscal year for fees collected by the department
pursuant to Sections 1523.1, 1569.185, and 1596.803, that, in the
aggregate, after deducting for administrative costs, total more than
six million dollars ($6,000,000), the excess of six million dollars
($6,000,000) shall be expended by the department to fund the creation
and maintenance of new licensing staff positions to provide
technical assistance to licensees paying fees pursuant to the above
specified sections.
SEC. 2. Section 1569.617 of the Health and Safety Code is amended
to read:
1569.617. (a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be expended by the department for the purpose of
administering the residential care facilities for the elderly
certification program provided under Sections 1569.23, 1569.615, and
1569.616, and the adult residential facilities certification program
pursuant to Section 1562.3.
(2) All money contained in the Residential Care Facility for the
Elderly Fund on the operative date of this paragraph shall be
retained in the Certification Fund for appropriation for the purposes
specified in paragraph (1).
(b) The fund shall consist of specific appropriations that the
Legislature sets aside for use by the fund and all fees, penalties,
and fines collected pursuant to Sections 1562.3, 1562.23, 1569.615,
and 1569.616.
(c) For the 1995-96 fiscal year, the sum of one hundred
thirty-four thousand dollars ($134,000) from the Certification Fund
shall be appropriated to the State Department of Social Services to
administer the adult residential facilities certification program
pursuant to Section 1562.3.
SEC. 3. Section 1611.5 of the Unemployment Insurance Code is
amended to read:
1611.5. (a) Notwithstanding Section 1611, the Legislature may
appropriate from the Employment Training Fund up to twenty million
dollars ($20,000,000) in the Budget Act of 1994 and twenty-two
million seven hundred thirty-five thousand dollars ($22,735,000) in
the Budget Act of 1995 for purposes of funding the local assistance
portion of the nonfederal share of cost in the Greater Avenues for
Independence (GAIN) program, provided for pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, as administered by the State
Department of Social Services.
(b) Notwithstanding any other provision of law, the panel may
execute training contracts for up to twenty million dollars
($20,000,000) in excess of the amounts appropriated by Item
5100-001-514 of the Budget Act of 1995.
(c) This section shall become inoperative on July 1, 1996, and as
of January 1, 1997, is repealed, unless later enacted statute, which
becomes effective on or before January 1, 1997, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 11052.1 is added to the Welfare and Institutions
Code, to read:
11052.1. The department shall undertake activities designed to
facilitate the dissemination of information to applicants for, and
recipients of, aid under Chapter 2 (commencing with Section 11200)
regarding work incentive provisions in existing law, in order to
ensure that clients are aware of these provisions and their effect.
These activities shall include all of the following:
(a) Developing state materials to accomplish this purpose and
distributing the materials to county welfare departments for
dissemination to clients as part of the regular intake and
redetermination process.
(b) Modifying the current rights and responsibilities portion of
the application process to include positive information about work.
(c) Developing other options to facilitate county administrative
activities designed to encourage AFDC clients to work, such as
including in the regular intake and redetermination process an oral
or video presentation regarding work incentives, and using
specialized staff, such as Greater Avenues for Independence Program
(GAIN) employment counselors, to provide work-related counseling and
information.
SEC. 5. Section 11254 is added to the Welfare and Institutions
Code, to read:
11254. (a) Subject to subdivision (b), in the case of any
individual who is under the age of 18 years and has never married,
and who is pregnant or has a dependent child in his or her care:
(1) The individual may receive aid under this chapter for the
individual and the child, if otherwise eligible, only if the
individual and child reside in a place of residence maintained by a
parent, legal guardian, or other adult relative of the individual as
the parent's, guardian's, or adult relative's own home, or in another
adult-supervised supportive living arrangement.
(2) The aid, where possible, shall be provided to the parent,
legal guardian, or other adult relative on behalf of the individual.
(b) Subdivision (a) does not apply in any of the following
circumstances:
(1) The individual has no parent or legal guardian of his or her
own who is living or whose whereabouts are known.
(2) No living parent or legal guardian of the individual allows
the individual to live in the home of the parent or guardian.
(3) It is determined by the child protective services worker that
the physical or emotional health or safety of the individual or child
would be jeopardized if the individual and child lived in the same
residence with the individual's own parent, legal guardian or other
adult relative.
(4) The individual lived apart from his or her parent or legal
guardian for a period of at least one year before either the birth of
any such child or the individual having made application for aid
under this chapter.
(5) It is determined in accordance with federal regulations that
there is good cause for waiving subdivision (a).
(c) No income of the parent or parents deemed to be available to
the individual shall be deemed to be available directly or indirectly
to the individual's child for purposes of determining eligibility or
grant level for that child.
(d) Prior to implementing this section, the director shall apply
for and obtain any necessary federal waiver. This subdivision shall
not apply if the federal waiver process is repealed or modified so
that a waiver is not necessary to implement subdivision (c).
SEC. 6. Section 11334.51 is added to the Welfare and Institutions
Code, to read:
11334.51. (a) The department shall reduce the allocation of money
from Items 5180-151-001 and 5180-151-890 of the Budget Act with
respect to any county to which both of the following apply:
(1) The county did not have an approved Cal-Learn county plan
pursuant to Section 11333.5 as of April 1, 1995, or subsequently
amends the plan in the manner set forth in paragraph (2).
(2) The county has taken action to enter into an agreement with
the department for less than full implementation of this article and
an agreement is in effect on July 1, 1996.
(b) The amount of the reduction required by subdivision (a) shall
be an amount equal to three times the full cost incurred by the
department to implement the affected function.
SEC. 7. Section 11450 of the Welfare and Institutions Code is
amended to read:
11450. (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, the family's income,
exclusive of any amounts considered exempt as income or paid
pursuant to subdivision (e) or Section 11453.1 shall be deducted from
the sum specified in Section 11452, as adjusted for cost-of-living
increases pursuant to Section 11453 and paragraph (2) of subdivision
(a) of Section 11450 11496. In no case shall the amount of aid paid
for each month exceed the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2) of subdivision (a) of Section 11450, plus any special
needs, as specified in subdivisions (c), (e), and (f):
Number of
eligible needy
persons in Maximum
the same home aid
1 ................................. $ 326
2 ................................. 535
3 ................................. 663
4 ................................. 788
5 ................................. 899
6 ................................. 1,010
7 ................................. 1,109
8 ................................. 1,209
9 ................................. 1,306
10 or more ......................... 1,403
If, when, and during such times as the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
and 1995-96 fiscal years, nor shall that amount be included in the
base for calculating any cost-of-living increases for any fiscal year
thereafter. 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.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother in the
amount which would otherwise be paid to one person, as specified in
subdivision (a), if the mother, and child if born, would have
qualified for aid under this chapter. Verification of pregnancy
shall be required as a condition of eligibility for aid under this
subdivision.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special
needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping service, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the
sum of ten dollars ($10) by the number of recipients in the family
who are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), the
family shall also be entitled to receive an allowance for
nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant or which is otherwise available to the county welfare
department and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or
the family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
(A) (i) A nonrecurring special need of thirty dollars ($30) a day
shall be available to families for the costs of temporary shelter,
subject to the requirements of this paragraph. County welfare
departments may increase the daily amount available for temporary
shelter to large families as necessary to secure the additional bed
space needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence.
The last month's rent portion of the payment (1) shall not exceed
80 percent of the family's maximum aid payment without special needs
for a family of that size and (2) shall only be made to families that
have found permanent housing costing no more than 80 percent of the
family's maximum aid payment without special needs for a family of
that size, in accordance with the maximum aid schedule specified in
subdivision (a).
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (2) of the
preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency and homeless assistance payments based on these
specific circumstances may not be received more often than once in
any 24-month period.
(iv) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 24-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations assuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
SEC. 8. Section 11450.018 is added to the Welfare and Institutions
Code, to read:
11450.018. (a) Notwithstanding any other provision of law, the
maximum aid payment in accordance with paragraph (1) of subdivision
(a) of Section 11450 as reduced by subdivisions (a) and (b) of
Section 11450.01, subdivision (a) of Section 11450.015, and
subdivision (a) of Section 11450.017, shall be reduced by 4.9 percent
for counties in Region 2, as specified in Section 11452.018.
(b) Notwithstanding any other provision of law, through June 30,
1996, the maximum aid payment in accordance with paragraph (1) of
subdivision (a) of Section 11450, as reduced by subdivision (a) and
(b) of Section 11450.01, subdivision (a) of Section 11450.015, and
subdivision (a) of Section 11450.017, and subdivision (a) of this
section shall be reduced by 4.9 percent.
(c) Prior to implementing the reductions specified in subdivisions
(a) and (b), the director shall apply for and obtain a waiver from
the United States Department of Health and Human Services of Section
1396a(c)(1) of Title 42 of the United States Code. The reduction
shall be implemented to the extent the waiver is granted and only so
long as the waiver is effective. This subdivision shall not apply if
either the federal waiver process set forth at Section 1315 of Title
42 of the United States Code or Section 1396a(c) is repealed or
modified such that a waiver is not necessary to implement subdivision
(a) or (b).
(d) The decreases in aid provided for pursuant to this section
shall not prevent the increases in aid that shall occur on July 1,
1996, pursuant to Section 11450.01 and Section 11450.015.
(e) This section shall become operative and the reductions
specified in subdivisions (a) and (b) shall commence on the first day
of the month following 30 days after the receipt of federal approval
or on the first day of the month following 30 days after a change in
federal law that allows states to reduce aid payments without any
risk to federal funding under Title XIX of the Social Security Act,
whichever is earlier, but no earlier than October 1, 1995.
SEC. 9. Section 11450.019 is added to the Welfare and Institution
Code, to read:
11450.019. Effective the first day of the month following 90 days
after a change in federal law that allows states to reduce aid
payments without any risk to federal funding under Title XIX of the
Social Security Act contained in Subchapter XIX (commencing with
Section 1396) of Chapter 7 of Title 42 of the United States Code, the
reductions in maximum aid payments specified in Section 11450.01,
11450.015, and 11450.017 shall not be applied when all of the parents
or caretaker relatives of the aided child living in the home of the
aided child meet one of the following conditions:
(a) The individual is disabled and receiving benefits under
Section 12200 or 12300.
(b) The individual is a nonparent caretaker who is not included in
the assistance unit with the child.
(c) The individual is disabled and is receiving State Disability
Insurance benefits or Worker's Compensation Temporary Disability
benefits.
SEC. 10. Section 11452.018 is added to the Welfare and
Institutions Code, to read:
11452.018. (a) Notwithstanding any other provision of law, the
minimum basic standards of adequate care, as set forth in Section
11452, and as adjusted pursuant to any other provision of law, shall
be changed for each county to reflect regional variations in housing
cost based on the lowest quartile rent in each county as reported in
the Decennial Census data for 1990.
(b) Counties are assigned to one of two regions and the minimum
basic standards of adequate care for counties in those regions are
reduced as follows:
(1) Region 1 shall include all counties with lowest quartile rents
of four hundred dollars ($400) or more. There shall be no reduction
in minimum basic standard of adequate care for counties in Region 1.
Region 1 shall consist of the following counties:
(A) Alameda County
(B) Contra Costa County
(C) Los Angeles County
(D) Marin County
(E) Monterey County
(F) Napa County
(G) Orange County
(H) San Diego County
(I) San Francisco County
(J) San Luis Obispo County
(K) San Mateo County
(L) Santa Barbara County
(M) Santa Clara County
(N) Santa Cruz County
(O) Solano County
(P) Sonoma County
(Q) Ventura County
(2) Region 2 shall include all counties with lowest quartile rents
below four hundred dollars ($400). There shall be a 4.9 percent
reduction in the minimum basic standard of adequate care for counties
in Region 2. Region 2 shall consist of the following counties:
(A) Alpine County
(B) Amador County
(C) Butte County
(D) Calaveras County
(E) Colusa County
(F) Del Norte County
(G) El Dorado County
(H) Fresno County
(I) Glenn County
(J) Humboldt County
(K) Imperial County
(L) Inyo County
(M) Kern County
(N) Kings County
(O) Lake County
(P) Lassen County
(Q) Madera County
(R) Mariposa County
(S) Mendocino County
(T) Merced County
(U) Modoc County
(V) Mono County
(W) Nevada County
(X) Placer County
(Y) Plumas County
(Z) Riverside County
(AA) Sacramento County
(AB) San Benito County
(AC) San Bernardino County
(AD) San Joaquin County
(AE) Shasta County
(AF) Sierra County
(AG) Siskiyou County
(AH) Stanislaus County
(AI) Sutter County
(AJ) Tehama County
(AK) Trinity County
(AL) Tulare County
(AM) Tuolumne County
(AN) Yolo County
(AO) Yuba County
(c) This section shall be operative during such time as
subdivision (a) of Section 11450.018 is operative.
SEC. 11. Section 11462 of the Welfare and Institutions Code, as
amended by Section 12 of Chapter 148 of the Statutes of 1994, is
amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each rate classification level (RCL) has been
determined by the department with data from the AFDC-FC Group Home
Rate Classification Pilot Study. The rates effective July 1, 1990,
were developed using 1985 calendar year costs and reflect adjustments
to the costs for each fiscal year, starting with the 1986-87 fiscal
year, by the amount of the California Necessities Index computed
pursuant to the methodology described in Section 11453. The data
obtained by the department using 1985 calendar year costs shall be
updated and revised by January 1, 1993.
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, the single rate
established for each RCL, and the rate floor for each RCL.
(e) The standardized schedule of rates shall be phased in
commencing July 1, 1990.
(1) In order to phase in the standardized schedule of rates, a
"rate floor" has been established for each RCL.
(2) The rate floor for fiscal year 1990-91 shall be 85 percent of
the standard rate for each RCL. The rate floor shall be increased to
92.5 percent of the standard rate for fiscal year 1991-92 for each
RCL, shall be equal to the standard rate for each RCL for the period
July 1, 1992, to September 13, 1992, inclusive, and shall be 92.5
percent of the standard rate for each RCL for the period September
14, 1992, to June 30, 1993, inclusive.
(3) The rate floor for each RCL shall be 95 percent of the
standard rate for each RCL for the 1993-94 fiscal year. The rate
floor shall be equal to the standard rate for each RCL for the
1994-95 fiscal year and beyond.
(f) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) For a group home program for which the department established
a rate effective prior to June 30, 1990, that took into account the
program's historical costs, the department shall establish the rate
for fiscal year 1990-91 by determining the RCL on a retrospective
basis, according to the level of care and services actually provided
between July 1 and December 31, 1989, or between July 1, 1989, and
March 31, 1990.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4) Beginning July 1, 1994, for group homes paid at rates below
the standard rate established by subdivision (g), a group home
program shall remain at its current RCL if it maintains at least the
level of care and services associated with that percentage of the
points required to be at that RCL that equals the percentage of the
standard rate used to establish the group home's rate. In no event,
however, shall points per child per month be reduced more than ten
points below the minimum required for the current RCL. The RCL for a
program shall not increase due to the operation of this paragraph
absent any program changes approved by the department pursuant to
subdivision (k).
(5) A group home program that substantially changes it staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(g) The standardized schedule of rates for fiscal year 1990-91 is:
FY 1990-91
Rate Point Ranges
------------------------
Classification Standard
Rate
Level Rate
Floor
(85%)
1 Under 60 $1,183
$1,006
2 60- 89 1,478
1,256
3 90-119 1,773
1,507
4 120-149 2,067
1,757
5 150-179 2,360
2,006
6 180-209 2,656
2,258
7 210-239 2,950
2,508
8 240-269 3,245
2,758
9 270-299 3,539
3,008
10 300-329 3,834
3,259
11 330-359 4,127
3,508
12 360-389 4,423
3,760
13 390-419 4,720
4,012
14 420 & Up 5,013
4,261
(h) (1) For fiscal year 1990-91, the standardized schedule of
rates shall be implemented as follows:
(A) Any group home program which received an AFDC-FC rate in the
prior fiscal year below the standard rate for the fiscal year 1990-91
RCL shall receive their 1989-90 rate plus an amount equal to the
California Necessities Index (CNI). The rate for fiscal year 1990-91
at which the state will participate shall not exceed the standard
rate for the RCL.
(B) If the CNI increase to the group home program's fiscal year
1989-90 rate does not raise the group home program to the rate floor
for the RCL, the group home program shall receive a rate equal to the
rate floor for the RCL.
(C) A group home program which received an AFDC-FC rate for fiscal
year 1989-90 at or above the standard rate for the RCL for fiscal
year 1990-91 shall continue to receive that fiscal year 1989-90 rate.
(2) For the 1996-97 and 1997-98 fiscal years, the standardized
rate for each RCL shall be adjusted by an amount equal to the
California Necessities Index computed pursuant to the methodology
described in Section 11453.
(A) Any group home program which received an AFDC-FC rate in the
prior fiscal year at or above the adjusted standard rate for the RCL
in the current fiscal year shall continue to receive that rate.
(B) A group home program which received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive that rate adjusted by an amount equal to
the CNI. The rate for the current fiscal year shall not exceed the
standard rate for the RCL and shall not be less than the rate floor
for the RCL.
(3) Beginning with the 1996-97 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds.
(A) Any group home program which received an AFDC-FC rate in the
prior fiscal year at or above the adjusted standard rate for the RCL
in the current fiscal year shall continue to receive that rate.
(B) Any group home program which received an AFDC-FC rate in the
prior fiscal year below the adjusted standard rate for the RCL in the
current fiscal year shall receive the adjusted RCL rate.
(i) (1) (A) The rate for a new group home program of a new or
existing provider shall be established at the rate floor for the new
program's projected RCL.
(B) On and after the operative date of this subparagraph, the
department shall not, prior to July 1, 1993, establish a rate for a
new group home program of a new or existing provider.
(2) The department shall not establish a rate for a new program of
a new or existing provider unless the provider submits a
recommendation from the host county, the primary placing county, or a
regional consortium of counties that the program is needed in that
county; that the provider is capable of effectively and efficiently
operating the program; and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(3) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(4) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Sections 300 and Section 601 or 602, and shall publish
its findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) (1) For the purpose of this subdivision, "program change"
means any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
(2) (A) Prior to July 1, 1993, the rate for a group home program
shall not increase, as the result of a program change, from the rate
established for the program effective June 30, 1992. For rate
increases as a result of a program change which became effective
between July 1, 1992, and the effective date of this paragraph, the
department shall adjust rates downward as necessary to comply with
this chapter. Notwithstanding any other provisions of law, a group
home provider shall be allowed to change a group home program to
reflect a decrease in services due to the provisions of this
paragraph.
(B) For the 1993-94 fiscal year, the rate for a group home program
shall not increase, as the result of a program change, from the rate
established for the program effective July 1, 1993, except as
provided in paragraph (3).
(C) For the 1994-95 fiscal year and the 1995-96 fiscal year, the
rate for a group home program shall not increase, as the result of a
program change, from the rate established for the program effective
July 1, 1994, except as provided in paragraph (3).
(3) (A) For the 1993-94 fiscal year, the 1994-95 fiscal year, and
the 1995-96 fiscal year the department shall not establish a rate for
a new program of a new or existing provider or approve a program
change for an existing provider that either increases the program's
RCL or AFDC-FC rate, or increases the licensed capacity of the
program as a result of decreases in another program with a lower RCL
or lower AFDC-FC rate that is operated by that provider, unless both
of the conditions specified in this paragraph are met.
(i) The licensee obtains a letter of recommendation from the host
county, primary placing county, or regional consortium of counties
regarding the proposed program change or new program.
(ii) The county determines that there is no increased cost to the
General Fund.
(B) Notwithstanding subparagraph (A), the department may grant a
request for a new program or program change, not to exceed 25 beds,
statewide, if (i) the licensee obtains a letter of recommendation
from the host county, primary placing county, or regional consortium
of counties regarding the proposed program change or new program, and
(ii) the new program or program change will result in a reduction of
referrals to state hospitals during the 1993-94 fiscal year, the
1994-95 fiscal year, or the 1995-96 fiscal year.
(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section.
(m) The department shall, by October 1 each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care which may have significant fiscal impact on
providers of group homes care. The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
(n) This section shall become operative on July 1, 1995.
SEC. 12. Section 12200.018 is added to the Welfare and
Institutions Code, to read:
12200.018. (a) If permitted by federal law, and notwithstanding
any other provision of law, through June 30, 1996, the payment
schedules set forth in Section 12200 in effect on June 30, 1995, as
reduced by subdivision (a) of Section 12200.01, Section 12200.015,
and subdivision (a) of Section 12200.017, except subdivisions (e),
(g), and (h), shall be reduced by 4.9 percent.
(b) If permitted by federal law, and notwithstanding any other
provision of law, the payment schedules set forth in Section 12200 in
effect on June 30, 1995, as reduced by subdivision (a) of Section
12200.01, Section 12200.015, subdivision (a) of Section 12200.017,
and subdivision (a) of this section, except subdivision (e), (g), and
(h), shall be adjusted, for each county to reflect regional
variations in housing costs based on the lowest quartile of monthly
rents reported in the Decennial Census data for 1990, in the
following manner:
(1) For the regions where the lowest quartile rent equals or
exceeds four hundred dollars ($400) per month, the payment schedules
shall not be reduced. This region shall consist of the following
counties:
(A) Alameda County
(B) Contra Costa County
(C) Los Angeles County
(D) Marin County
(E) Monterey County
(F) Napa County
(G) Orange County
(H) San Diego County
(I) San Francisco County
(J) San Luis Obispo County
(K) San Mateo County
(L) Santa Barbara County
(M) Santa Clara County
(N) Santa Cruz County
(O) Solano County
(P) Sonoma County
(Q) Ventura County
(2) For counties where lowest quartile rent is below four hundred
dollars ($400) per month, the payment schedules shall be reduced by
4.9 percent. This paragraph shall apply to the following counties:
(A) Alpine County
(B) Amador County
(C) Butte County
(D) Calaveras County
(E) Colusa County
(F) Del Norte County
(G) El Dorado County
(H) Fresno County
(I) Glenn County
(J) Humboldt County
(K) Imperial County
(L) Inyo County
(M) Kern County
(N) Kings County
(O) Lake County
(P) Lassen County
(Q) Madera County
(R) Mariposa County
(S) Mendocino County
(T) Merced County
(U) Modoc County
(V) Mono County
(W) Nevada County
(X) Placer County
(Y) Plumas County
(Z) Riverside County
(AA) Sacramento County
(AB) San Benito County
(AC) San Bernardino County
(AD) San Joaquin County
(AE) Shasta County
(AF) Sierra County
(AG) Siskiyou County
(AH) Stanislaus County
(AI) Sutter County
(AJ) Tehama County
(AK) Trinity County
(AL) Tulare County
(AM) Tuolumne County
(AN) Yolo County
(AO) Yuba County
(c) Subdivisions (a) and (b) shall be operative, and the
reductions in payment schedules shall commence on the first of the
month following approval and implementation by the Social Security
Administration but no earlier than December 1, 1995.
(d) Subdivisions (a) and (b) shall not be operative if any payment
schedule set forth in Section 12200 would be reduced below the level
required by subsection (e) of Section 1382g of Title 42 of the
United States Code in order to maintain eligibility for federal
funding under Title XIX of the Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(e) If subdivisions (a) and (b) are not operative, the payment
schedules set forth in Section 12200, except subdivisions (e), (g),
and (h), shall for the 1995-96 fiscal year be reduced, commencing
December 1, 1995, to the minimum amounts, not to exceed 4.9 percent
of the maximum aid payment in effect on June 30, 1995, permitted by
the federal Social Security Act by subsection (e) of Section 1382g of
Title 42 of the United States Code that will maintain eligibility
for federal funding under Title XIX of the Social Security Act,
contained in Subchapter 19 (commencing with Section 1396) of Chapter
7 of Title 42 of the United States Code.
(f) In no event shall the reduction of any payment schedule
pursuant to this section result in a change in eligibility or share
of cost for services under Article 7 (commencing with Section 12300)
for any aged, blind, or disabled person who was receiving services
under that article in 1995 prior to the enactment of this section
because of that reduction in maximum aid payment, provided he or she
continues to meet other applicable requirements.
(g) The decrease in aid provided for pursuant to this section
shall not prevent the increases in aid that shall occur on July 1,
1996, pursuant to Section 12200.01 and 12200.015.
SEC. 13. Section 12302.3 is added to the Welfare and Institutions
Code, to read:
12302.3. Notwithstanding any other provision of this article, and
in a manner consistent with the powers available to public
authorities created under this article, the City and County of San
Francisco may:
(a) Increase the wages of all in-home supportive services
providers for the 1995-96 fiscal year.
(b) Use county-only funds to fund county and state shares to meet
the federal financial participation requirements necessary to obtain
any available Title XIX (Medicaid) personal care services
reimbursement.
(c) Provide in-home supportive services workers with any wage
increase the city and county may appropriate, as long as this amount
is in accordance with the provisions of the Medi-Cal State Plan
Amendment 94-0046, as approved pursuant to federal regulation. The
county-only funds shall be used exclusively to increase workers wages
and to pay any proportionate share of employer taxes and current
benefits, and to pay for the cost of state and county administration
of these activities as provided for in subdivision (e).
Notwithstanding Section 12302.1, any wage increase for those workers
employed under contract shall be passed through by the contractor to
the workers, subject to the limitations specified in this paragraph.
The state shall continue to provide payroll functions for all
workers who are currently independent providers unless and until the
in-home supportive services public authority is operational.
(d) Claim the administrative costs of the wage pass through in
accordance with the department's claiming requirements.
(e) In the event that federal financial participation is available
for county-only payroll monies, the following shall apply:
(1) If additional payroll costs will be incurred by the state due
to the receipt and payment of federal funds, the department shall
provide the city and county with a detailed estimate of the
additional costs of the provision of payroll functions associated
with the processing of federal funds. If the city and county elects
to pay the additional costs, the department will provide these
payroll functions. If the city and county does not elect to pay the
additional costs, the department and the city and county may seek
another, mutually satisfactory arrangement.
(2) In the event that federal financial participation is not
available, the department shall continue to perform the existing
payroll functions provided on July 28, 1995, at no additional cost to
the city and county.
SEC. 14. Section 14005.12 of the Welfare and Institutions Code is
amended to read:
14005.12. (a) For the purposes of Sections 14005.4 and 14005.7,
the department shall establish the income levels for maintenance need
at the lowest levels that reasonably permit medically needy persons
to meet their basic needs for food, clothing, and shelter, and for
which federal financial participation will still be provided under
Title XIX of the federal Social Security Act. It is the intent of
the Legislature that the income levels for maintenance need for
medically needy aged, blind, and disabled adults, in particular,
shall be based upon amounts that adequately reflect their needs.
(1) Subject to paragraph (2), reductions in the maximum aid
payment levels set forth in subdivision (a) of Section 11450 in the
1991-92 fiscal year, and thereafter, shall not result in a reduction
in the income levels for maintenance under this section.
(2) (A) The department shall seek any necessary federal
authorization for maintaining the income levels for maintenance at
the levels in effect June 30, 1991.
(B) If federal authorization is not obtained, medically needy
persons shall not be required to pay the difference between the share
of cost as determined based on the payment levels in effect on June
30, 1991, under Section 11450, and the share of cost as determined
based on the payment levels in effect on July 1, 1991, and
thereafter.
(3) Any medically needy person who was eligible for benefits under
this chapter as categorically needy for the calendar month
immediately preceding the effective date of the reductions in the
minimum basic standards of adequate care for the Aid to Families with
Dependent Children program as set forth in Section 11452.018 made in
the 1995-96 Regular Session of the Legislature shall not be
responsible for paying his or her share of cost if all of the
following apply:
(A) He or she had eligibility as categorically needy terminated by
the reductions in the minimum basic standards of adequate care.
(B) He or she, but for the reductions, would be eligible to
continue receiving benefits under this chapter as categorically
needy.
(C) He or she is not eligible to receive benefits without a share
of cost as a medically needy person pursuant to paragraph (1) or (2).
(b) In the case of a single individual, the amount of the income
level for maintenance per month shall be 80 percent of the highest
amount that would ordinarily be paid to a family of two persons,
without any income or resources, under subdivision (a) of Section
11450, multiplied by the federal financial participation rate.
(c) In the case of a family of two adults, the income level for
maintenance per month shall be the highest amount that would
ordinarily be paid to a family of three persons without income or
resources under subdivision (a) of Section 11450, multiplied by the
federal financial participation rate.
(d) For the purposes of Sections 14005.4 and 14005.7, for a person
in a medical institution or nursing facility, or for a person
receiving institutional or noninstitutional services from an
organization with a frail elderly demonstration project waiver
pursuant to Chapter 8.75 (commencing with Section 14590), the
amount considered as required
for maintenance per month shall be computed in accordance with, and
for those purposes required by, Title XIX of the federal Social
Security Act, and regulations adopted pursuant thereto. Those
amounts shall be computed pursuant to regulations which include
providing for the following purposes:
(1) Personal and incidental needs in the amount of not less than
thirty-five dollars ($35) per month while a patient. The department
may, by regulation, increase this amount as necessitated by
increasing costs of personal and incidental needs. A long-term
health care facility shall not charge an individual for the laundry
services or periodic hair care specified in Section 14110.4.
(2) The upkeep and maintenance of the home.
(3) The support and care of his or her minor children, or any
disabled relative for whose support he or she has contributed
regularly, if there is no community spouse.
(4) If the person is an institutionalized spouse, for the support
and care of his or her community spouse, minor or dependent children,
dependent parents, or dependent siblings of either spouse, provided
the individuals are residing with the community spouse.
(5) The community spouse monthly income allowance shall be
established at the maximum amount permitted in accordance with
Section 1924(d)(1)(B) of Title XIX of the federal Social Security Act
(42 U.S.C. Sec. 1396r-5(d)(1)(B)).
(6) The family allowance for each family member residing with the
community spouse shall be computed in accordance with the formula
established in Section 1924(d)(1)(C) of Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(C)).
(e) For the purposes of Sections 14005.4 and 14005.7, with regard
to a person in a licensed community care facility, the amount
considered as required for maintenance per month shall be computed
pursuant to regulations adopted by the department which provide for
the support and care of his or her spouse, minor children, or any
disabled relative for whose support he or she has contributed
regularly.
(f) The income levels for maintenance per month, except as
specified in subdivisions (b) to (d), inclusive, shall be equal to
the highest amounts that would ordinarily be paid to a family of the
same size without any income or resources under subdivision (a) of
Section 11450, multiplied by the federal financial participation
rate.
(g) The "federal financial participation rate," as used in this
section, shall mean 1331/3 percent, or such other rate set forth in
Section 1903 of the federal Social Security Act (42 U.S.C. Sec. 1396
(b)), or its successor provisions.
(h) The income levels for maintenance per month shall not be
decreased to reflect the presence in the household of persons
receiving forms of aid other than Medi-Cal.
(i) When family members maintain separate residences, but
eligibility is determined as a single unit under Section 14008, the
income levels for maintenance per month shall be established for each
household in accordance with subdivisions (b) to (h), inclusive.
The total of these levels shall be the level for the single
eligibility unit.
(j) The income levels for maintenance per month established
pursuant to subdivisions (b) to (i), inclusive, shall be calculated
on an annual basis, rounded to the next higher multiple of one
hundred dollars ($100), and then prorated.
SEC. 15. Section 14005.21 of the Welfare and Institutions Code is
amended to read:
14005.21. (a) Any medically needy aged, blind, or disabled person
who was categorically needy under this chapter on the basis of
eligibility under Chapter 3 (commencing with Section 12000) or
Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42
of the United States Code for the month of August 1993, and was
discontinued as of September 1, 1993, and who, but for the addition
of Section 12200.015, would be eligible to receive benefits without a
share of cost in September 1993 under this chapter, shall remain
eligible to receive benefits without a share of cost under this
chapter as if that person were categorically needy as long as he or
she meets other applicable requirements.
(b) Any medically needy aged, blind, or disabled person who was
eligible for benefits under this chapter as categorically needy or
medically needy under subdivision (a) for the month of August 1994,
shall not be responsible for paying his or her share of cost if he or
she had that eligibility for benefits without a share of cost
interrupted or terminated by the addition of Section 12200.017, and
if he or she, but for Section 12200.017, would be eligible to
continue receiving benefits under this chapter without a share of
cost.
(c) Any medically needy aged, blind, or disabled person who was
eligible for benefits under this chapter as categorically needy, or
as medically needy under subdivision (a) or (b), for the calendar
month immediately preceding the date that the reductions in maximum
aid payments for the state supplementary program established in
Chapter 3 (commencing with Section 12000) of Part 3 of Division 9
made in the 1995-96 Regular Session of the Legislature are effective
shall not be responsible for paying his or her share of cost if he or
she had that eligibility for benefits without a share of cost
interrupted or terminated by the reductions in maximum aid payments,
and if he or she, but for the reductions, would be eligible to
continue receiving benefits under this chapter without a share of
cost.
(d) The department shall implement this section regardless of the
availability of federal financial participation for the share of cost
paid from state funds pursuant to subdivisions (a), (b), and (c).
SEC. 16. Section 14132.95 of the Welfare and Institutions Code is
amended to read:
14132.95. (a) Personal care services, when provided to a
categorically needy person as defined in Section 14050.1 is a covered
benefit to the extent federal financial participation is available
if these services are:
(1) Provided in the beneficiary's home and other locations as may
be authorized by the director subject to federal approval.
(2) Authorized by county social services staff in accordance with
a plan of treatment.
(3) Provided by a qualified person.
(4) Provided to a beneficiary who has a chronic, disabling
condition that causes functional impairment that is expected to last
at least 12 consecutive months or that is expected to result in death
within 12 months and who is unable to remain safely at home without
the services described in this section.
(b) The department shall seek federal approval of a state plan
amendment necessary to include personal care as a medicaid service
pursuant to subdivision (f) of Section 440.170 of Title 42 of the
Code of Federal Regulations.
(c) Subdivision (a) shall not be implemented unless the department
has obtained federal approval of the state plan amendment described
in subdivision (b), and the Department of Finance has determined, and
has informed the department in writing, that the implementation of
this section will not result in additional costs to the state
relative to state appropriation for in-home supportive services under
Article 7 (commencing with Section 12300) of Chapter 3, in the
1992-93 fiscal year.
(d) (1) For purposes of this section, personal care services shall
mean all of the following:
(A) Assistance with ambulation.
(B) Bathing, oral hygiene and grooming.
(C) Dressing.
(D) Care and assistance with prosthetic devices.
(E) Bowel, bladder, and menstrual care.
(F) Skin care.
(G) Repositioning, range of motion exercises, and transfers.
(H) Feeding and assurance of adequate fluid intake.
(I) Respiration.
(J) Paramedical services.
(K) Assistance with self-administration of medications.
(2) Ancillary services including meal preparation and cleanup,
routine laundry, shopping for food and other necessities, and
domestic services may also be provided as long as these ancillary
services are subordinate to personal care services. Ancillary
services may not be provided separately from the basic personal care
services.
(e) (1) (A) After consulting with the State Department of Social
Services, the department shall adopt emergency regulations to
establish the amount, scope, and duration of personal care services
available to persons described in subdivision (a) in the fiscal year
whenever the department determines that General Fund expenditures for
personal care services provided under this section and expenditures
of both General Fund moneys and federal funds received under Title XX
of the federal Social Security Act for services pursuant to Article
7 (commencing with Section 12300) of Chapter 3, are expected to
exceed the General Fund appropriation and the federal appropriation
under Title XX of the federal Social Security Act provided for the
1992-93 fiscal year pursuant to Article 7 (commencing with Section
12300) of Chapter 3, as it read on June 30, 1992, as adjusted for
caseload growth or as increased in the Budget Act or appropriated by
statute. At least 30 days prior to filing these regulations with the
Secretary of State, the department shall give notice of the expected
content of these regulations to the fiscal committees of both houses
of the Legislature.
(B) In establishing the amount, scope, and duration of personal
care services, the department shall ensure that General Fund
expenditures for personal care services provided for under this
section and expenditures of both General Fund moneys and federal
funds received under Title XX of the federal Social Security Act for
services pursuant to Article 7 (commencing with Section 12300) of
Chapter 3, do not exceed the General Fund appropriation and the
federal appropriation under Title XX of the federal Social Security
Act provided for the 1992-93 fiscal year pursuant to Article 7
(commencing with Section 12300) of Chapter 3, as it read on June 30,
1992, as adjusted for caseload growth or as increased in the Budget
Act or appropriated by statute.
(C) For purposes of this subdivision, "caseload growth" means an
adjustment factor determined by the department based on (1) growth in
the number of persons eligible for benefits under Chapter 3
(commencing with Section 12000) on the basis of their disability, (2)
the average increase in the number of hours in the program
established pursuant to Article 7 (commencing with Section 12300) of
Chapter 3 in the 1988-89 to 1992-93 fiscal years, inclusive, due to
the level of impairment, and (3) any increase in program costs that
is required by an increase in the mandatory minimum wage.
(2) In establishing the amount, scope, and duration of personal
care services pursuant to this subdivision, the department may define
and take into account, among other things:
(A) The extent to which the particular personal care services are
essential or nonessential.
(B) Standards establishing the medical necessity of the services
to be provided.
(C) Utilization controls.
(D) A minimum number of hours of personal care services that must
first be assessed as needed as a condition of receiving personal care
services pursuant to this section.
The level of personal care services shall be established so as to
avoid, to the extent feasible within budgetary constraints, medical
out-of-home placements.
(3) To the extent that General Fund expenditures for services
provided under this section and expenditures of both General Fund
moneys and federal funds received under Title XX of the federal
Social Security Act for services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 in the 1992-93 fiscal year, adjusted
for caseload growth, exceed General Fund expenditures for services
provided under this section and expenditures of both General Fund
moneys and federal funds received under Title XX of the federal
Social Security Act for services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 in any fiscal year, the excess of
these funds shall be expended for any purpose as directed in the
Budget Act or as otherwise statutorily disbursed by the Legislature.
(f) Services pursuant to this section shall be rendered, under the
administrative direction of the State Department of Social Services,
in the manner authorized in Article 7 (commencing with Section
12300) of Chapter 3, for the In-Home Supportive Services program. A
provider of personal care services shall be qualified to provide the
service and shall be a person other than a member of the family. For
purposes of this section, a family member means a parent of a minor
child or a spouse.
(g) A beneficiary who is eligible for assistance under this
section shall receive services that do not exceed 283 hours per month
of personal care services.
(h) Personal care services shall not be provided to residents of
facilities licensed by the department, and shall not be provided to
residents of a community care facility or a residential care facility
for the elderly licensed by the Community Care Licensing Division of
the State Department of Social Services.
(i) Subject to any limitations that may be imposed pursuant to
subdivision (e), determination of need and authorization for services
shall be performed in accordance with Article 7 (commencing with
Section 12300) of Chapter 3.
(j) (1) To the extent permitted by federal law, reimbursement
rates for personal care services shall be equal to the rates in each
county for the same mode of services in the In-Home Supportive
Services program pursuant to Article 7 (commencing with Section
12300) of Chapter 3, plus any increase provided in the annual Budget
Act for personal care services rates or included in a county budget
pursuant to paragraph (2).
(2) (A) The department shall establish a provider reimbursement
rate methodology to determine payment rates for the individual
provider mode of service that does all of the following:
(i) Is consistent with the functions and duties of entities
created pursuant to Section 12301.6.
(ii) Makes any additional expenditure of state general funds
subject to appropriation in the annual Budget Act.
(iii) Permits county-only funds to draw down federal financial
participation consistent with federal law.
(B) This ratesetting method shall be in effect in time for any
rate increases to be included in the annual Budget Act.
(C) The department may, in establishing the ratesetting method
required by subparagraph (A), do both of the following:
(i) Deem the market rate for like work in each county, as
determined by the Employment Development Department, to be the cap
for increases in payment rates for individual practitioner services.
(ii) Provide for consideration of county input concerning the rate
necessary to ensure access to services in that county.
(D) If an increase in individual practitioner rates is included in
the annual Budget Act, the state-county sharing ratio shall be as
established in Section 12306. If the annual Budget Act does not
include an increase in individual practitioner rates, a county may
use county-only funds to meet federal financial participation
requirements consistent with federal law.
(3) (A) By November 1, 1993, the department shall submit a state
plan amendment to the federal Health Care Financing Administration to
implement this subdivision. To the extent that any element or
requirement of this subdivision is not approved, the department shall
submit a request to the federal Health Care Financing Administration
for such waivers as would be necessary to implement this
subdivision.
(B) The provider reimbursement ratesetting methodology authorized
by the amendments to this subdivision in the 1993-94 Regular Session
of the Legislature shall not be operative until all necessary federal
approvals have been obtained.
(k) (1) The State Department of Social Services shall, by
September 1, 1993, notify the following persons that they are
eligible to participate in the personal care services program:
(A) Persons eligible for services pursuant to the Pickle
Amendment, as adopted October 28, 1976.
(B) Persons eligible for services pursuant to subsection (c) of
Section 1383c of Title 42 of the United States Code.
(2) The State Department of Social Services shall, by September 1,
1993, notify persons to whom paragraph (1) applies and who receive
advance payment for in-home supportive services that they will
qualify for services under this section without a share of cost if
they elect to accept payment for services on an arrears rather than
an advance payment basis.
(3) Upon request by the board of supervisors, of the funds in the
subaccount created pursuant to Section 17600.110, the Controller
shall allocate the following amounts for the establishment of an
entity specified in Section 12301.6:
(A) Two hundred fifty thousand dollars ($250,000) each to a county
of the fourth, sixth, and tenth class.
(B) Two million dollars ($2,000,000) to a county of the first
class.
(C) Five hundred fifty thousand dollars ($550,000) shall be
allocated to counties, in the order of application by counties for
these funds, as follows:
(i) Not more than one hundred thousand dollars ($100,000) may be
allocated to a county with a total of fewer than 3,000 recipients of
services under this section and Article 7 (commencing with Section
12300) of Chapter 3.
(ii) Not more than two hundred thousand dollars ($200,000) may be
allocated to a county with a total of more than 3,000 recipients of
services under this section and Article 7 (commencing with Section
12300) of Chapter 3.
(iii) A county to whom either subparagraph (A) or (B) applies
shall not be eligible for funds under this subparagraph.
(l) An individual who is eligible for services subject to the
maximum amount specified in subdivision (b) of Section 12303.4 shall
be given the option of hiring his or her own provider.
(m) The county welfare department shall inform in writing any
individual who is potentially eligible for services under this
section of his or her right to the services.
(n) It is the intent of the Legislature that this entire section
be an inseparable whole and that no part of it be severable. If any
portion of this section is found to be invalid, as determined by a
final judgment of a court of competent jurisdiction, this section
shall become inoperative.
(o) Paragraphs (2) and (3) of subdivision (a) shall be implemented
so as to conform to federal law authorizing their implementation.
(p) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 17. Section 14132.96 is added to the Welfare and Institutions
Code, to read:
14132.96. Medi-Cal personal care services provider rates
established as provided in the state plan under Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code, by an in-home supportive services public authority
established pursuant to paragraph (2) of subdivision (a) and
paragraph (4) of subdivision (b) of Section 12301.6 shall be reviewed
by the county in which the in-home supportive services public
authority operates, to determine that the rates are consistent with
the county budget and that the county will be able to fund any
increase in its share of costs, prior to the submission of the rates
to the department. Certification of the county's ability to fund any
increase in rates shall accompany the submission of rates to the
department.
SEC. 18. Section 16504 of the Welfare and Institutions Code is
amended to read:
16504. (a) Any child reported to the county welfare department to
be endangered by abuse, neglect, or exploitation shall be eligible
for initial intake and evaluation of risk services. Each county
welfare department shall maintain and operate a 24-hour response
system. An immediate in-person response shall be made by a county
welfare department social worker in emergency situations in
accordance with regulations of the department. The person making any
initial response to a request for child welfare services shall
consider providing appropriate social services to maintain the child
safely in his or her own home. However, an in-person response is not
required when the county welfare department, based upon an
evaluation of risk, determines that an in-person response is not
appropriate. An evaluation of risk includes collateral contacts, a
review of previous referrals, and other relevant information.
(b) A county welfare department social worker shall make an
in-person response whenever a referral is received pursuant to
Section 11254. Whenever a referral is received pursuant to Section
11254, the county welfare department social worker, within 20
calendar days from the receipt of the referral, shall determine
whether the physical or emotional health or safety of the individual
or child would be jeopardized if the individual and child lived in
the same residence with the individual's own parent or legal
guardian, or other adult relative.
SEC. 19. Section 16506 of the Welfare and Institutions Code is
amended to read:
16506. Family maintenance services shall be provided or arranged
for by county welfare department staff in order to maintain the child
in his or her own home. These services shall be limited to six
months, and may be extended for one six-month period if it can be
shown that the objectives of the service plan can be achieved within
the extended time periods. Family maintenance services shall be
available without regard to income and shall only be provided to any
of the following:
(a) Families whose child or children have been adjudicated a
dependent of the court under Section 300, and where the court has
ordered the county welfare department to supervise while the child
remains in the child's home.
(b) Families whose child is in potential danger of abuse, neglect,
or exploitation, who are willing to accept services and participate
in corrective efforts, and where it is safe for the child to remain
in the child's home only with the provision of services.
(c) Families in which the child is in the care of a previously
noncustodial parent, under the supervision of the juvenile court.
(d) Family maintenance services shall be provided to any
individual and child who are referred pursuant to Section 11254 and
who are not placed in foster care and who meet any of the criteria of
subdivision (b) of Section 11254. The services shall not be limited
to 12 months and shall be provided until the individual reaches 18
years of age.
SEC. 20. Section 16525.10 of the Welfare and Institutions Code is
amended to read:
16525.10. (a) For counties that do not participate in the
partnership demonstration project pursuant to Section 16560, the
department shall conduct the demonstration project described in
Chapter 1385 of the Statutes of 1989, which shall conform to the
requirements set forth in this chapter, and that shall be integrated
with the foster care program authorized by Article 5 (commencing with
Section 11400) of Chapter 2 of Part 3, and child welfare services
programs authorized by Chapter 5 (commencing with Section 16500).
(b) This demonstration project shall be conducted in ten counties,
as requested by each participating county, pursuant to procedures
established by the department. The demonstration project in these
counties shall continue until June 30, 1996, if funds are
appropriated for that purpose in the Budget Act of 1995.
SEC. 21. Section 16525.40 of the Welfare and Institutions Code is
amended to read:
16525.40. This chapter shall remain in effect only until January
1, 1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 22. Section 19806 of the Welfare and Institutions Code is
amended to read:
19806. (a) For each fiscal year commencing with the 1984-85
fiscal year, an independent living center shall not be required to
provide any matching funds through private contributions as a
condition of receiving state funds except to acquire state incentive
funds. An independent living center whose allocation of funds
pursuant to this chapter, excluding state incentive funds, is less
than one hundred fifty thousand dollars ($150,000) shall, to the
extent funds are appropriated by the Legislature and allocated in
accordance with regulations adopted by the department, receive,
during the 1984-85 fiscal year, an amount of state funds pursuant to
this section, in an amount equal to 50 percent of the difference
between one hundred fifty thousand dollars ($150,000) and the
independent living center's allocation under this chapter. During
the 1985-86 fiscal year, and each fiscal year thereafter, until the
1994-95 fiscal year, each independent living center shall receive, to
the extent funds are appropriated by the Legislature and allocated
in accordance with regulations adopted by the department, except for
state incentive funds, at least one hundred fifty thousand ($150,000)
in funds allocated under this chapter. Beginning with the 1994-95
fiscal year, and each fiscal year thereafter, each independent living
center shall receive, to the extent funds are appropriated by the
Legislature and allocated in accordance with regulations adopted by
the department, excluding state incentive funds, at least one hundred
seventy-five thousand dollars ($175,000) in funds allocated under
this chapter. However, beginning with the 1994-95 fiscal year, and
for each fiscal year thereafter, state funds may be replaced by
reimbursements under the Supplemental Security Disability Insurance
and the Supplemental Security Income programs provided for under
Titles II and XVII of the Federal Social Security Act, Subchapter II
(commencing with Section 401) and Subchapter XVII (commencing with
Section 1381) of Chapter 7 of Title 42 of the United States Code to
the extent appropriated by the Legislature and allocated by the
department to independent living centers under this chapter.
Beginning with the 1996-97 fiscal year, and each year thereafter, to
the extent such funds from the Social Security Act are not
appropriated by the Legislature as were appropriated in the 1995-96
fiscal year, an amount equal to the combined state and federal fund
allocation to independent living centers in the Budget Act of 1995
shall be appropriated to,
and allocated by, the department to independent living centers under
this chapter.
(b) (1) In addition to funds received pursuant to subdivision (a),
and subject to the limitations of subdivision (c), to the extent
funds are appropriated by the Legislature, and allocated in
accordance with regulations adopted by the department, each
independent living center shall have the amount of its private
contributions which, for any fiscal year, exceeds the amount of
private contributions received by the independent living center
during the 1982-83 fiscal year matched by state incentive funds on
the basis of one dollar ($1) in state incentive funds for each one
dollar ($1) received in private contributions.
(2) Available state incentive funds shall be allocated during each
fiscal year based upon the private contributions received by the
independent living center in the immediately preceding fiscal year.
(3) For the purpose of determining eligibility for state incentive
funds, any independent living center that uses a fiscal year other
than the state fiscal year may elect to use a different fiscal year
so long as the closing date of the fiscal year so elected does not
precede the closing date of the equivalent state fiscal year by more
than 11 months.
(4) The amount of private contributions claimed by an independent
living center for each fiscal year, including the 1982-83 fiscal
year, shall be verified by the department by utilizing appropriate
financial records including, but not limited to, independent audits.
Audits may be performed by the department up to three years from the
close of the fiscal year during which state incentive funds were
received by the independent living center being audited.
(c) The maximum amount of incentive funds as defined in
subdivision (d) that may be acquired by any independent living center
in any single fiscal year shall be computed as follows:
(1) Each independent living center funded under Section 19803
shall be entitled to acquire state incentive funds as specified in
subdivision (b) in an amount not to exceed the total available state
incentive funds, divided by the number of independent living centers
then funded under Section 19803.
(2) Incentive funds remaining after the initial allocation
pursuant to paragraph (1) shall be allocated among centers with
remaining unmatched private contributions. Each center with
remaining unmatched private contributions shall be allowed to match
remaining incentive funds in an amount equal to the total remaining
incentive funds divided by the number of centers with remaining
private contributions. Subsequent distributions shall be made
pursuant to the formula described in the preceding sentence and shall
be repeated as many times as is necessary to allocate incentive
funds to the greatest extent possible.
(3) State incentive funds not distributed to independent living
centers under paragraph (1) or (2) shall not be allocated under
Section 19803 nor retained by the department for distribution as
state incentive funds in later fiscal years.
(d) For purposes of this section:
(1) "Private funds" does not include any funds originating from
any entity of the federal, state, city, or county government or any
political subdivision thereof.
(2) "State incentive funds" means state funds appropriated by the
Legislature for purposes of this chapter, except those funds
allocated by the department pursuant to Section 19803 and
subdivision (a) of this section.
(e) Any funds allocated under this chapter to any independent
living center, other than as part of the initial allocation for each
fiscal year, shall be made by contract amendment. Any such contract
amendment shall require the provision of services in addition to that
required by the contract being amended. All such services required
by contract amendment shall not be performed prior to the date the
contract amendment is approved by the state.
SEC. 23. Notwithstanding any other provision of law, the emergency
regulations governing Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code adopted pursuant to
Section 7587 of the Government Code, shall be operative for the
1995-96 fiscal year.
SEC. 24. The State Department of Social Services may adopt
emergency regulations to implement this act in accordance with the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The initial adoption of emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. Initial emergency regulations and the first
readoption of those regulations 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 publication in the
California Code of Regulations and shall remain in effect as
emergency regulations for no more than 120 days.
SEC. 25. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
this act provides for offsetting savings to local agencies or school
districts that result in no net costs to the local agencies or school
districts, within the meaning of Section 17556 of the Government
Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 26. 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 enact changes necessary to ensure appropriate
implementation of social services requirements for the 1995-96 fiscal
year, it is necessary that this act go into immediate effect.