20250SB__048199INT INTRODUCED 2025-02-19 2025 SB INT Introduced by Senator Alvarado-Gil LEAD_AUTHOR SENATE Alvarado-Gil

An act to amend

Section of the Welfare and Institutions Code, relating to in-home supportive services. in-home supportive services In-home supportive services. Existing law provides for the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with supportive services in order to permit them to remain in their own homes. This bill would make technical, nonsubstantive changes to those provisions. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Welfare and Institutions Code is amended to read: 12300. (

a) The purpose of this

article is to provide in every county, in a manner consistent with this

chapter and the annual Budget Act, those supportive services identified in this

section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. (

b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. (

c) Personal care services means all of the following:

(1) Assistance with ambulation.

(2) Bathing, oral hygiene, and grooming.

(3) Dressing.

(4) Care and assistance with prosthetic devices.

(5) Bowel, bladder, and menstrual care.

(6) Repositioning, skin care, range of motion exercises, and transfers.

(7) Feeding and assurance of adequate fluid intake.

(8) Respiration.

(9) Assistance with self-administration of medications. (

d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this subdivision is the recipient’s place of employment if all of the following conditions are met:

(1) The personal care services are limited to those services that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the federal Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12101 et seq.; ADA) or other legal entitlements or third-party obligations.

(2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. (

e) When supportive services are provided to a minor, the provider of supportive services shall be paid only for the following:

(1) Services related to domestic services.

(2) Personal care services.

(3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites.

(4) Protective supervision only as needed because of the functional limitations of the child.

(5) Paramedical services. (

f) The policy changes made to minor provider eligibility guidelines in subdivision (

e) by

Chapter of the Statutes of shall take effect days after the State Department of Social Services issues policy guidance and, if needed, fiscal guidance through all-county letter or similar written instructions. (

g) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. (

h) A person who is eligible to receive a service or services under an approved federal waiver authorized pursuant to

Section 14132.951, or a person who is eligible to receive a service or services authorized pursuant to

Section 14132.95, shall not be eligible to receive the same service or services pursuant to this article. If the waiver authorized pursuant to

Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or

Section 14132.95, shall be eligible for services under this article. (

i) A person who is eligible for state-only funded full-scope Medi-Cal benefits under

Chapter 7 (commencing with

Section 14000), and who meets all other applicable eligibility criteria for receiving services under this article, shall be eligible for services available under this article. (j)

(1) All services provided pursuant to this

article shall be equal in amount, scope, and duration to the same services provided pursuant to

Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (

e) of

Section 14132.95.

(2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (

j) of

Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act.

(3) The maximum number of hours available under

Section 14132.95,

Section 14132.951, and this section, combined, shall be hours per month. A recipient of services under this

article shall receive no more than the applicable maximum specified in

Section 12303.4.