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SBX3 6 (Ducheny)
Human services.
LEGISLATIVE COUNSEL'S DIGEST


SB 6, as amended, Ducheny. Budget Act of 2008.
Human services.
Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to
allocate funds to private nonprofit regional centers for the
provision of community services and support for persons with
developmental disabilities and their families and sets forth the
duties of regional centers in that regard.

Existing law requires that contracts between the department and
regional centers specify certain coordinator-to-consumer ratios.
Existing law also requires these contracts to require the regional
center to have, or contract for, expertise in certain areas.


This bill would provide that, from February 1, 2009, to June 30,
2010, inclusive, certain coordinator-to-consumer ratio requirements
shall not apply and that a regional center shall not be required to
have or contract for certain areas of expertise.

Existing law requires regional centers, by December 1 of each
year, to provide a listing to the department of a complete salary
schedule for all personnel classifications used by the regional
center and information on all prior fiscal year expenditures, as
specified.

This bill, from February 1, 2009, to June 30, 2010, inclusive,
would suspend the salary schedule reporting requirements. The bill
would also provide that regional centers shall not be required to
report certain prior fiscal year operations expenditures in 2009.

The bill would also require regional centers, in order to
implement changes in the level of funding for regional center
purchase of services, from February 1, 2009, to June 30, 2010,
inclusive, to reduce certain payments for services delivered on or
after February 1, 2009, by 3%, except as specified.

Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program under which, through a combination of state and county funds
and federal funds received through the TANF program, each county
provides cash assistance and other benefits to qualified low-income
families.

Existing law establishes maximum aid grant amounts to be provided
under the CalWORKs program, and provides, with certain exceptions,
including the 2007-08 and 2008-09 fiscal years for an annual
cost-of-living adjustment to be made in the maximum aid payments
provided to needy families under the program.

This bill would reduce the maximum aid payments in effect on
September 1, 2007, by 4%, unless a specified notice is made by the
Director of Finance to the Joint Legislative Budget Committee, in
accordance with a designated section of the Government Code.


This bill would provide that no adjustment to the maximum aid
payment would be made for the 2009-10 fiscal year.

Existing law provides for the State Supplementary Program for the
Aged, Blind and Disabled (SSP), which requires the State Department
of Social Services to contract with the United States Secretary of
Health and Human Services to make payments to SSP recipients to
supplement Supplemental Security Income (SSI) payments made available
pursuant to the federal Social Security Act.

Under existing law, benefit payments under the SSP are calculated
by establishing the maximum level of nonexempt income and federal SSI
and state SSP benefits for each category of eligible recipient. The
state SSP payment is the amount, when added to the nonexempt income
and SSI benefits available to the recipient, which would be required
to provide the maximum benefit payment. Under existing law, this
adjustment becomes effective on January 1 of each year, until the
2010 calendar year, and thereafter, when the adjustment takes effect
on June 1.

This bill would provide that, on May 1, 2009, the maximum aid
payment levels in effect on January 1, 2009, would be reduced to the
payment levels in effect on December 1, 2008, except as specified.
The bill would provide for a further reduction of these benefits of
2.3 percent, commencing July 1, 2009, unless a specified notice is
made by the Director of Finance to the Joint Legislative Budget
Committee, in accordance with a designated section of the Government
Code. The bill would provide that no benefit adjustment would be made
for the 2010 calendar year, and would require the adjustment to be
made effective June 1 commencing with the 2011 calendar year and
thereafter.

Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization.

Existing law establishes the federal Medicaid program, which is
administered by each state. California's version of this program is
the Medi-Cal program, which is administered by the State Department
of Health Services and under which qualified low-income persons
receive health care benefits.

Existing law provides for the payment of a supplementary benefit
under the IHSS program to any eligible aged, blind, or disabled
person who is receiving Medi-Cal personal care services and who would
otherwise be deemed a categorically needy recipient under the IHSS
program.

This bill would limit this supplementary payment to individuals
who received Medi-Cal personal care services before July 1, 2009, who
continue to receive those services, unless a specified notice is
made by the Director of Finance to the Joint Legislative Budget
Committee, in accordance with a designated section of the Government
Code.

Existing law provides that when any increase in provider wages or
benefits is negotiated or agreed to by a public authority or
nonprofit consortium, the county shall use county-only funds for the
state and county share of any increase in the program, unless
otherwise provided in the Budget Act or appropriated by statute.

Existing law establishes a formula with regard to provider wages
or benefits increases negotiated or agreed to by a public authority
or nonprofit consortium, and specifies the percentages required to be
paid by the state and counties, beginning with the 2000-01 fiscal
year, with regard to the nonfederal share of any increases.


This bill, notwithstanding the existing formula, would limit state
participation to a total cost of wages up to $9.50 per hour and
individual health benefits up to $0.60 per hour, commencing July 1,
2009, unless a specified notice is made by the Director of Finance to
the Joint Legislative Budget Committee, in accordance with a
designated section of the Government Code.

This bill would authorize the State Department of Social Services
to implement the changes made by this bill relating to the IHSS
program through all-county letters or similar instructions from the
director, pending the adoption of emergency regulations.

The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.

This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.

This bill would declare that it is to take effect immediately
as an urgency statute.

This bill would express the intent of the Legislature to make
statutory changes relating to the Budget Act of 2008.


The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.

This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.




Comments/questions on SBX3 6 (Ducheny): Human services.

 

Bill Text:

  • 02/20/09 - Chaptered (pdf)
  • 02/19/09 - Enrolled (pdf)
  • 02/14/09 - Amended Assembly (pdf)
  • 01/13/09 - Amended Assembly (pdf)
  • 01/05/09 - Introduced (pdf)

  • Bill Location:

  • Secretary of State

  • Last Action:

  • 02/20/09: Chaptered by Secretary of State. Chapter 13, Statutes of 2009-10 Third Extraordinary Session.


  • Bill Analysis
  • 02/15/09 - Assembly Floor Analysis
  • 02/14/09 - Sen. Floor Analyses
  • 01/12/09 - Sen. Floor Analyses

  •  

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