[Nfbc-info] Proposed legislation would allow IHSS to providereader service to blind consumers

[Nancy Lynn]

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

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Introduced by Senator Hall
(Principal coauthor: Senator Beall)
(Coauthors: Assembly Members Bonilla, Lackey, Rodriguez, and Waldron) 
February 10, 2015

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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.



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