CDCAN: IHSS WORKER OVERTIME BUDGET TRAILER BILL RELEASED – WOULD APPEAR TO PUT IN PLACE 66 HOUR CAP THOUGH PROVIDES FOR EXCEPTIONS

SACRAMENTO, CA (CDCAN – LAST UPDATED 06/14/2014  05:57 AM) –  The budget related language from the Brown Administration and drafted by legislative budget staff dealing with implementation of allowing for overtime pay for In-Home Supportive Services (IHSS) workers beginning January 1, 2015 to comply with the new federal Department of Labor regulations was released early this morning and appears to contain provisions IHSS workers (including waivered personal care services) to be performed within a work week that does not exceed 66 hours per week.   The language is contained in the human services budget trailer bill – SB 855 as amended June 13, 2014 in the Assembly, on page 184 (see below for link). 
 
The budget trailer bill language also would allow a IHSS recipient to authorize their IHSS worker (provider) to work hours in excess of the recipient’s weekly authorized hours without notification of the county welfare department if certain conditions are met.  The trailer bill would also require a IHSS recipient to employ an additional IHSS worker or workers (providers), as needed, to ensure his or her authorized services are provided and would require the Department of Health Care Services to work with recipients of waiver personal care services to engage additional providers, as necessary
 
The Brown Administration on Thursday evening (June 12th) acknowledged to the Budget Conference Committee that overtime for IHSS workers, beginning in January 2015, would be funded, after the Assembly and State Senate in late May rejected the Governor’s earlier proposal to cap worker hours to 40 hours a week to avoid triggering overtime pay under the new federal requirements.  The Governor’s Department of Finance requested approval of a general concept of budget related language to establish a “framework” to implement overtime for IHSS workers, with language to avoid “excessive” overtime.  No actual draft language was presented before the committee.
 
NEXT STEPS
    The Senate Budget and Fiscal Review Committee, chaired by Sen. Mark Leno (Democrat – San Francisco), will convene on Sunday afternoon, June 15th, at 12 noon, at the State Capitol in Room 4203, to briefly hear and review the budget trailer bills, including the one dealing with IHSS overtime pay. The committee could make additional changes to those trailer bills at this point but that would likely happen only in very rare circumstances. 
    Both the Assembly and State Senate are scheduled to convene at 4:00 PM also on Sunday, for floor votes on the main budget bill and then the budget trailer bills, including the bill dealing with IHSS overtime. 
 
COPY OF BUDGET TRAILER BILL
    Budget trailer bills – called that because those bills follow or trail the main budget bill – contain the necessary changes or additions to State law in order to implement policies linked to funding in the main budget bill. 
    The provisions dealing with IHSS worker overtime is in the human services budget trailer bill that is currently on the Assembly floor.    
    That trailer bill also includes provisions dealing with other human services including non-IHSS and non-regional center funded home care organizations, CalWORKS, Community Care Licensing.
    The version of this trailer bill – AB 1460 (as amended June 13, 2014) on the Senate floor has all those provisions but does not have the IHSS overtime provisions added in yet (AB 1460 is 195 pages versus SB 855 which is 204 pages with the IHSS overtime worker provisions). 
 
SB 855 (AS AMENDED JUNE 13, 2014) – PAGE 184
PDF VERSION (204 PAGES):  http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0851-0900/sb_855_bill_20140613_amended_asm_v98.pdf
HTML VERSION:  http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0851-0900/sb_855_bill_20140613_amended_asm_v98.htm
 
SUMMARY OF WHAT IS IN TRAILER BILL ON IHSS
    Would require that in-home supportive services and waiver personal care services be performed by providers within a workweek that does not exceed 66 hours per week, as reduced by a specified net percentage.
    Requires a IHSS recipient to employ an additional provider or providers, as needed, to ensure his or her authorized services are provided and would require the Department of Health Care Services to work with recipients of waiver personal care services to engage additional providers, as necessary.
    Would authorize a IHSS recipient to authorize a provider to work hours in excess of the recipient’s weekly authorized hours without notification of the county welfare department if certain conditions are met.
    Would enact other related provisions and would provide that these provisions become operative on the date specified federal regulatory amendments are deemed effective.
    Authorizes, for three-months following the effective date of those provisions, that timesheets submitted by providers be paid in excess of the limitations, so long as the number of hours worked by the provider within a given month do not exceed the authorized hours of the recipient or recipients served by the provider.
    Would require that the results of the assessment of monthly need for hours of in-home supportive services  be divided by 4.33 to establish a recipient’s weekly authorized number of hours of in-home supportive services, as specified.
    Would require that IHSS recipients be timely informed of their total monthly and weekly authorized hours and would provide that the weekly authorization of services be used solely for purposes of ensuring compliance with the federal Fair Labor Standards Act.
    Would require Department of Social Services to oversee a study of the provisions in this bill, as specified, and would require that information collected for the study periodically be made available to stakeholders.
    Would require the Department of Social Services to submit a report to the Legislature upon completion of the study.
    Would require that specified amounts appropriated in the Budget Act of 2014 be made available for other purposes within the IHSS program if federal implementation of certain regulations by the federal Department of Labor are fully or partially postponed beyond January 1, 2015, as specified in the bill.
    Authorizes the Department of Social Services to implement specified provisions of the bill through all-county letters or similar instructions and would require the department to adopt emergency regulations implementing these provisions no later than January 1, 2016.
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