DRC: SB 855 problems: proposed fixes

From our colleagues at Disability Rights California: 

DRC has constructed the attached to fix a range of problems in the SB 855 (overtime) legislation which was so hastily constructed and passed in the last hours of the legislative session in June. 

Our language would: 

  1. Exempt those providers who are paid by IHSS ONLY because they have demonstrated there is no other provider available. This covers parents of minor children, and some tasks done by spouses. Current IHSS rules say that a parent of a minor child can be paid as the child’s IHSS provider ONLY if there IS no other available provider. So it is not logical for SB 855 to require parents of multiple minor children on IHSS to find new providers to avoid overtime in excess of 61 hours per week.
  2. Establish exceptions, on an individual basis, when consumers could be harmed by the overtime policy. One of the exceptions is for parents who care for more than one adult child on IHSS. 
  3. Ensure that people on the NF/AH and IHO waivers would not lose services because of the new overtime rules.
  4. Create an exception policy to the travel time between clients, which the statute limits to 7 hours per week, when consumers would be harmed by that limit.

We believe that this language, if adopted, would fix the worst problems with SB 855. That does not mean we support the rest of the language; we continue to have other concerns about the workability of the limitations on consumers and workers. 

DRC requests your support of this language. Please get in touch if you have questions. Thank you for your consideration. 

Deborah 

Deborah Doctor
Legislative Advocate
Disability Rights California
California’s protection and advocacy system

SB 855 Problems

IHSS OT fix bill language 7 29 14

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