[Nfbc-info] Proposed legislation would allow IHSS to providereader service to blind consumers
Nancy Lynn
freespirit.stl at att.net
Thu Mar 5 04:27:30 UTC 2015
Here in Missouri the home health aides are allowed to read mail and other
material as needed. That seems like such a small thing that should have been
included a long time ago. I hope this passes for you guys.
from Nancy Lynn freespirit.stl at att.net
-----Original Message-----
From: Bryan Bashin via Nfbc-info
Sent: Wednesday, March 04, 2015 8:54 PM
To: 'Charles Krugman' ; 'NFB of California List'
Subject: Re: [Nfbc-info] Proposed legislation would allow IHSS to
providereader service to blind consumers
Chuck,
I've long sought this legislation. It makes no sense for counties to assign
a chore worker to an impoverished blind person to wash their dishes, do
their laundry -- all of which are easily done ourselves -- but be prevented
from reading mail and helping with paperwork. This legislation fixes this
strange process. I hope NFBC can be a strong supporter of this.
Bryan Bashin
-----Original Message-----
From: Nfbc-info [mailto:nfbc-info-bounces at nfbnet.org] On Behalf Of Charles
Krugman via Nfbc-info
Sent: Wednesday, March 04, 2015 9:35 AM
To: NFBC
Subject: [Nfbc-info] Proposed legislation would allow IHSS to provide reader
service to blind consumers
The following is a summary of SB 199 which if enacted would allow people
receiving in home supportive services who are blind to have reader services
provided. So far this legislation is being supported by CCB and the United
Domestic Workers Union. Because funds are provided from Medicaid funds the
process for implementation would also acquire approval from the Federal
government.
ChuckSenate BillNo. 199
--------------------------------------------------------------------------------
Introduced by Senator Hall
(Principal coauthor: Senator Beall)
(Coauthors: Assembly Members Bonilla, Lackey, Rodriguez, and Waldron)
February 10, 2015
--------------------------------------------------------------------------------
An act to amend Section 12300 of the Welfare and Institutions Code, relating
to public social services.
LEGISLATIVE COUNSEL’S DIGEST
SB 199, as introduced, Hall. In-home supportive services: reading services
for blind and visually impaired recipients.
Existing law provides for the Medi-Cal program, which is administered by the
State Department of Health Care Services, and under which qualified
low-income individuals receive health care services. The Medi-Cal program
is, in part, governed and funded by federal Medicaid Program provisions.
Existing law provides for the county-administered 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. Existing law requires the provision of personal care services under
the Medi-Cal program to eligible IHSS recipients. Under existing law, county
welfare departments are required to provide visually impaired applicants and
recipients with information on, and referral services to, entities that
provide reading services to visually impaired persons. Existing law defines
“supportive services” for purposes of the IHSS program.
This bill would, commencing January 1, 2017, include within the definition
of supportive services assistance in reading and completing financial and
other documents for a recipient of services under the IHSS program who is
blind. By expanding the scope of available services under the IHSS program,
this bill would impose a state-mandated local program. The bill would also
require the Director of Health Care Services to seek any federal approvals
necessary to ensure that Medicaid funds may be used in implementing this
provision. The bill would authorize the department to implement the
provision through all-county letters or similar instructions from the
director until emergency regulations are filed, and would require the
adoption of emergency regulations by January 1, 2018, and final regulations
by January 1, 2019, to implement this provision, as specified.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines
that the bill contains costs mandated by the state, reimbursement for those
costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated
local program: yes.
The people of the State of California do enact as follows:
P2 1
SECTION 1.
Section 12300 of the Welfare and Institutions 2Code is amended to read:
3
12300.
(a) The purpose of this article is to provide in every 4county in a manner
consistent with this chapter and the annual 5Budget Act those supportive
services identified in this section to 6aged, blind, or disabled persons, as
defined under this chapter, 7who are unable to perform the services
themselves and who cannot 8safely remain in their homes or abodes of their
own choosing unless 9these services are provided.
10(b) Supportive services shall include domestic services and 11services
related to domestic services, heavy cleaning, personal 12care services,
accompaniment by a provider when needed during 13necessary travel to
health-related appointments or to alternative 14resource sites, yard hazard
abatement, protective supervision, 15teaching and demonstration directed at
reducing the need for other 16supportive services,begin delete andend delete
paramedical servicesbegin delete whichend deletebegin insert thatend insert
make it 17possible for the recipient to establish and maintain an
independent
P3 1living arrangementbegin insert, and assistance in reading and
completing
2financial and other documents, for up to two hours per month, for 3a
recipient who is blind, when that assistance is necessary for the 4recipient
to remain in his or her home, or abode of his or her own 5choosing, as
defined by the departmentend insert.
6(c) Personal care services shall mean all of the following:
7(1) Assistance with ambulation.
8(2) Bathing, oral hygiene, and grooming.
9(3) Dressing.
10(4) Care and assistance with prosthetic devices.
11(5) Bowel, bladder, and menstrual care.
12(6) Repositioning, skin care, range of motion exercises, and 13transfers.
14(7) Feeding and assurance of adequate fluid intake.
15(8) Respiration.
16(9) Assistance with self-administration of medications.
17(d) Personal care services are available if these services are 18provided
in the beneficiary’s home and other locations as may be 19authorized by the
director. Among the locations that may be 20authorized by the director under
thisbegin delete paragraphend deletebegin insert subdivisionend insert is
the 21recipient’s place of employment if all of the following conditions
22are met:
23(1) The personal care services are limited to those that are 24currently
authorized for a recipient in the recipient’s home and 25those services are
to be utilized by the recipient at the recipient’s 26place of employment to
enable the recipient to obtain, retain, or 27return to work. Authorized
services utilized by the recipient at the 28recipient’s place of employment
shall be services that are relevant 29and necessary in supporting and
maintaining employment.
30However, workplace services shall not be used to supplant any 31reasonable
accommodations required of an employer by the 32Americans with Disabilities
Act (42 U.S.C. Sec. 12101 et seq.;
33ADA) or other legal entitlements or third-party obligations.
34(2) The provision of personal care services at the recipient’s 35place of
employment shall be authorized only to the extent that 36the total hours
utilized at the workplace are within the total personal 37care services
hours authorized for the recipient in the home.
38Additional personal care services hours may not be authorized in
39connection with a recipient’s employment.
P4 1(e) begin deleteWhere end deletebegin insertWhen end insertsupportive
services are provided by a person
2begin delete havingend deletebegin insert who hasend insert the legal duty
pursuant to the Family Code to 3provide for the care of his or her child who
is the recipient, the 4provider of supportive services shall receive
remuneration for the 5services only when the provider leaves full-time
employment or 6is prevented from obtaining full-time employment because no
7other suitable provider is available andbegin delete whereend deletebegin
insert whenend insert the inability 8of the provider to provide supportive
services may result in 9inappropriate placement or inadequate care.
10These providers shall be paid only for the following:
11(1) Services related to domestic services.
12(2) Personal care services.
13(3) Accompaniment by a provider when needed during necessary 14travel to
health-related appointments or to alternative resource 15sites.
16(4) Protective supervision only as needed because of the 17functional
limitations of the child.
18(5) Paramedical services.
19(f) To encourage maximum voluntary services, so as to reduce
20governmental costs, respite care shall also be provided. Respite 21care is
temporary or periodic service for eligible recipients to 22relieve persons
who are providing care without compensation.
23(g) A person who is eligible to receive a service or services 24under an
approved federal waiver authorized pursuant to Section 2514132.951, or a
person who is eligible to receive a service or 26services authorized
pursuant to Section 14132.95, shall not be 27eligible to receive the same
service or services pursuant to this 28article. In the event that the waiver
authorized pursuant to Section 2914132.951, as approved by the federal
government, does not extend 30eligibility to all persons otherwise eligible
for services under this 31article, or does not cover a service or particular
services, or does 32not cover the scope of a service that a person would
otherwise be 33eligible to receive under this article, those persons who are
not 34eligible for services, or for a particular service under the waiver
35or Section 14132.95 shall be eligible for services under this article.
36(h) (1) All services provided pursuant to this article shall be 37equal in
amount, scope, and duration to the same services provided 38pursuant to
Section 14132.95, including any adjustments that may 39be made to those
services pursuant to subdivision (e) of Section
40 14132.95.
P5 1(2) Notwithstanding any other provision of this article, the rate
2of reimbursement for in-home supportive services provided through 3any mode
of service shall not exceed the rate of reimbursement 4established under
subdivision (j) of Section 14132.95 for the same 5mode of service unless
otherwise provided in the annual Budget 6Act.
7(3) The maximum number of hours available under Section 814132.95, Section
14132.951, and this section, combined, shall 9be 283 hours per month. Any
recipient of services under this article 10shall receive no more than the
applicable maximum specified in 11Section 12303.4.
begin insert
12(i) The Director of Health Care Services shall, by January 1, 132017, seek
all federal approvals necessary to ensure that Medicaid 14funds may be used
in implementing the amendments to this section 15made by the act that added
this subdivision during the 2015-16 16Regular Session of the Legislature.
These amendments include 17assistance in reading and completing financial
and other 18documents for a recipient who is blind.
end insertbegin insert
19(j) The authorization to provide the service added by the 20amendments to
this section made by the act that added this 21subdivision during the
2015-16 Regular Session of the Legislature 22shall become operative on
January 1, 2017. Provision of the service 23shall be implemented only if,
and to the extent that, federal 24financial participation is available, and
any necessary federal 25approvals have been obtained.
end insertbegin insert
26(k) The state and counties shall be immune from any liability, 27including
negligence or intentional torts of providers, associated 28with the delivery
of the service specified in subdivision (b) that 29includes assistance in
reading and completing financial documents 30for recipients who are blind.
end insertbegin insert
31(l) (1) Notwithstanding the rulemaking provisions of the 32Administrative
Procedure Act (Chapter 3.5 (commencing with 33Section 11340) of Part 1 of
Division 3 of Title 2 of the Government 34Code), until emergency regulations
are filed with the Secretary of 35State, the department may implement the
amendments made to this 36section by the act that added this subdivision
during the 2015-16 37Regular Session of the Legislature through all-county
letters or 38similar instructions from the director.
end insertbegin insert
39(2) On or before January 1, 2018, the department shall adopt 40regulations
to implement the amendments to this section made by
P6 1the act that added this subdivision during the 2015-16 Regular
2Session of the Legislature. The initial adoption, amendment, or 3repeal of
a regulation authorized by this subdivision is deemed to 4address an
emergency, for purposes of Sections 11346.1 and
511349.6 of the Government Code, and the department is hereby 6exempted for
that purpose from the requirements of subdivision
7(b) of Section 11346.1 of the Government Code. After the initial 8adoption,
amendment, or repeal of an emergency regulation 9pursuant to this section,
the department may twice request approval 10from the Office of
Administrative Law to readopt the regulation 11as an emergency regulation
pursuant to Section 11346.1 of the 12Government Code. The department shall
adopt final regulations 13on or before January 1, 2019.
end insert
14
SEC. 2.
If the Commission on State Mandates determines that 15this act contains
costs mandated by the state, reimbursement to 16local agencies and school
districts for those costs shall be made 17pursuant to Part 7 (commencing
with Section 17500) of Division
184 of Title 2 of the Government Code.
--------------------------------------------------------------------------------
O
99
_______________________________________________
Nfbc-info mailing list
Nfbc-info at nfbnet.org
http://nfbnet.org/mailman/listinfo/nfbc-info_nfbnet.org
To unsubscribe, change your list options or get your account info for
Nfbc-info:
http://nfbnet.org/mailman/options/nfbc-info_nfbnet.org/bashin%40calweb.com
_______________________________________________
Nfbc-info mailing list
Nfbc-info at nfbnet.org
http://nfbnet.org/mailman/listinfo/nfbc-info_nfbnet.org
To unsubscribe, change your list options or get your account info for
Nfbc-info:
http://nfbnet.org/mailman/options/nfbc-info_nfbnet.org/freespirit.stl%40att.net
More information about the NFBC-Info
mailing list