ࡱ> VXU3 Jjbjb xiiF]zzzzz z66666666,666666666666666hh66`6 ,5zz6BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 925| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 925 Author: Aroner (D), et al Amended: 8/26/02 in Senate Vote: 21 SENATE HEALTH & HUMAN SERV. COMMITTEE : 8-1, 7/5/01 AYES: Ortiz, Chesbro, Escutia, Figueroa, Kuehl, Romero, Vasconcellos, Vincent NOES: Battin SENATE APPROPRIATIONS COMMITTEE : 8-4, 9/6/01 AYES: Alpert, Bowen, Burton, Escutia, Karnette, Murray, Perata, Speier NOES: Battin, Johannessen, Johnson, Poochigian ASSEMBLY FLOOR : 52-24, 6/6/01 - See last page for vote SUBJECT : Employment of persons with disabilities SOURCE : World Institute on Disability DIGEST : The Senate amendments of 8/19/02 reinstate the previous version of this bill prior to the June 29 amendments making the bill a budget trailer bill relating to Medi-Cal. The bill revises and expands programs to assist persons with disabilities to become employed. Senate floor amendments of 8/26/02: CONTINUED AB 925 Page 2 1. Revises the legislative intent and findings language. 2. Modifies the IHSS state/county and Title XIX programs to permit IHSS personal care services to be provided to an IHSS recipient in the workplace, as long as the total number of IHSS-approved hours does not exceed what would otherwise be provided to the recipient and the hours do not supplant what would otherwise be available to the recipient as a reasonable accommodation under the Americans with Disabilities Act. Also, defines personal care services that can be offered in the workplace. 3. Directs the Governor to authorize the secretaries of the Health and Human Services Agency and the Labor and Workforce Agency to make available the expertise of their state employees and programs to support employment-related needs of persons with disabilities, within existing resources. 4. Changes certain references in the bill from the Secretary of Health and Human Services to the new Secretary of the Labor and Workforce Agency. 5. Codifies authority for the existing "California Governor's Committee for Employment of Disabled Persons" and renames the committee the "California Governor's Committee on Employment of People with Disabilities". Also, transfers to the committee responsibilities previously assigned in the bill to the Workforce Inclusion Council and revises provisions on the appointments to the Committee. 6. Adds requirements that the Governor's Committee have open meetings quarterly, consult with the two agency secretaries specified above, and meet quarterly with the California Health Incentive Improvement Project. 7. Provides that the Employment Development Department shall provide staff support to the committee using existing funding. 8. Requires DHS to report to the Governor and the Legislature on information it gathers, through the California Health Incentive Improvement Project or any AB 925 Page 3 private sources, on ways to increase participation in the existing Working Disabled Program. ANALYSIS : Existing law: 1. Establishes the California Working Disabled program that allows working persons with a net countable income that does not exceed 250 percent of the federal poverty level to be eligible for Medi-Cal, subject to the payment of premiums on a sliding fee scale basis, if the individual meets specified requirements. 2. Establishes the In-Home Supportive Services (IHSS) program to provide personal care services and domestic assistance to eligible aged, blind, and disabled individuals who would otherwise be unable to remain safely at home, and funds approximately 60 percent of the IHSS caseload through the federal Medicaid personal care option. This bill: 1. Requires the Governor to authorize the secretary of the Labor and Workforce Development Agency, in collaboration with the secretary of the California Health and Human Services Agency, to make available the expertise of state employees and programs to support the employment-related needs of individuals with disabilities. Using existing resources, requires the agencies to develop a sustainable, comprehensive strategy to do all of the following: (a) bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general population; (b) support the goals of equality of opportunity, full participation, independent living, and economic self-sufficiency; (c) ensure that state government is a model employer of individuals with disabilities; and (d) support state coordination with, and participation in, benefits planning training and information dissemination projects supported by private foundations and federal grants. 2. Requires the Labor and Workforce Development Agency to monitor and enforce implementation of specified AB 925 Page 4 provisions of the federal Workforce Investment Act (WIA) of 1998 relating to nondiscrimination, and requires each local work force investment board choosing to participate to report to the agency on the following: (a) by July 1, 2002, on steps taken to ensure compliance with certain provisions of WIA as applied to persons with disabilities; and, (b) by October 31, 2002, on its readiness to meet the eligibility standards to serve as an employment network under the federal Ticket to Work and Self-Sufficiency program. 3. Requires the Governor to rename and establish, in the Labor and Workforce Development Agency, the existing California Governor's Committee on Employment of Disabled Persons as the "California Governor's Committee on Employment of People with Disabilities" or "CGCEPD", and requires specified appointments to the committee. 4. Requires the California Governor's Committee on Employment of People with Disabilities, to the extent funds are made available, to make grants available to counties and to local workforce investment boards (LWIs) to accomplish, through collaborative public and private organizations, the development of local strategies for enhancing employment opportunities for individuals with disabilities and the funding of comprehensive benefits planning and outreach programs, to assist individuals with disabilities in removing barriers to work. 5. Requires each LWI board choosing to implement Ticket-to-Work to establish at least one comprehensive one-stop career center in each LWI area to ensure universal access to services, including services for persons with disabilities, as specified. 6. Requires LWI boards to schedule and conduct regular performance reviews of their one-stop centers, as specified, and requires one-stop counselor staff to provide accurate information regarding Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI) and Medi-Cal, as specified. 7. Requires the Governor, in order to ensure that one-stop career centers meet the needs of workers and employers AB 925 Page 5 with disabilities, to ensure that federally mandated evaluations, conducted as part of the WIA, address how local one-stop centers provide specified services for persons with disabilities. 8. Requires the California WIB to report to the Governor and the Legislature by September 30, 2004, on the status of one-stop services to individuals with disabilities and implementation of the federal Ticket-to-Work program in California. 9. Requires the California WIB and LWI boards, if permitted by federal law, to include persons with disabilities or their representatives, with a particular effort to include such persons who are not employees of state or local government. 10.Expands the coverage of Medi-Cal personal care services to include services provided while the beneficiary is engaged in employment or educational or vocational training services so that, subject to federal approval, personal care services in these situations would be covered to the same extent that they would be covered in the home. 11.Requires DHS to apply for a federal grant to develop state infrastructure in support of working individuals with disabilities, to the extent that the DHS determines the state has an opportunity to apply for and receive a grant. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes Unknown. SUPPORT : (Verified 8/26/02) Prior version World Institute on Disability (source) Access to Specialty Care Coalition Association of Regional Center Agencies California Association of Mental Health Patients' Rights AB 925 Page 6 Advocates California Conference Board of the Amalgamated Transit Union California Conference of Machinists California Council of the Blind California Disability Alliance California for Disability Rights, Inc. California HIV Advocacy Coalition (Southern California Region) California Labor Federation California Psychiatric Association California Rehabilitation Association California Work Group on Work Incentives and Health Care Californians for Disability Rights Californians for Inclusive Schools Center for Independent Living Central Coast Center for Independent Living Community Resources for Independence Dayle McIntosh Center for the Disabled Developmental Disabilities Board Area 5 Developmental Disabilities Council of Contra Costa County Diabetes Coalition of California Disabled in State Service DRAIL, Modesto Independent Living Center East Bay Community Law Center Engineers and Scientists of California Hotel Employees, Restaurant Employees International Union IHSS Recipients and Providers Sharing Independent Living Resource Center, San Francisco Lavender Youth Recreation and Information Center NAMI California Orange County Deaf Advocacy Center Positive Resource Center, San Francisco Protection and Advocacy, Inc. Region 8 States Council of the United Food and Commercial Workers Renaissance Entrepreneurship Center Resources for Independent Living San Francisco AIDS Foundation The Hawkins Center Western Law Center for Disability Rights 11 individuals OPPOSITION : (Verified 8/26/02) AB 925 Page 7 Prior version Department of Finance ARGUMENTS IN SUPPORT : According to the author, this bill is designed to remove barriers to employment and independence for Californians with disabilities. The author states that this bill will provide integrated health care and employment support to adults who are on the SSI and SSDI programs. The author points out that workers with disabilities are twice as likely to be in part-time or temporary employment, where private health coverage is generally less available. In addition, California has one of the lowest rates of SSI recipients with earned income: only 5.6 percent of California's working age SSI recipients have earned income, which is on a statistical par with Georgia, North Carolina, and South Carolina. The author also points out that California has done a relatively poor job of education and outreach related to the existing California Working Disabled Medi-Cal program, so that far fewer persons have signed up for the program than are estimated to be eligible. According to the author, this bill is primarily in response to the federal Ticket-to-Work and Work Incentives Improvement Act of 1999, which encouraged states to adopt new options to allow individuals with disabilities to maintain employment, stimulate choice in employment services, and upgrade the way beneficiaries receive information on federal work incentive programs. The Ticket-to-Work Act also offers states grant money to develop Medi-Cal buy-in programs for workers with disabilities (minimum of $500,000 for a 10-year grant cycle), but to be eligible a state's Medicaid personal care services program must be made available outside of the home, as proposed in this bill. ARGUMENTS IN OPPOSITION : Unavailable on 8/26/02. ASSEMBLY FLOOR : AYES: Alquist, Aroner, Bates, Calderon, Canciamilla, Cardenas, Cardoza, Cedillo, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz, Dutra, Firebaugh, Florez, Frommer, AB 925 Page 8 Goldberg, Havice, Horton, Jackson, Keeley, Kehoe, Koretz, Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews, Migden, Nakano, Nation, Negrete McLeod, Oropeza, Papan, Pavley, Pescetti, Salinas, Shelley, Simitian, Steinberg, Strom-Martin, Thomson, Vargas, Wayne, Wesson, Wiggins, Wright, Hertzberg NOES: Aanestad, Ashburn, Bogh, Briggs, Bill Campbell, John Campbell, Cogdill, Cox, Daucher, Dickerson, Harman, Hollingsworth, Kelley, La Suer, Leach, Leonard, Leslie, Robert Pacheco, Rod Pacheco, Richman, Runner, Strickland, Wyland, Wyman CP:sl 8/26/02 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** JhC*TQhC*TQ Q l / 0 g h i 7 N O : ; < = > ?   f :O^  JMXLe Q l / 0 g h i 7 N O : ; < = > > ?   f :O^  JMXLZyz@ABCDEFGZyz@ABCDEFG'[\\X!f%m0l7E Q K L M N O P Q R 5!}!!"H"""#`####$V$$$(%)%h%%%:&&&'T''''e'[\\X!f%m00l7E Q K L M N O P Q R 5!5!}!!"H"""#`####$V$$$(%)%h%%%:&&&'T''''('(Z((())Y))) *a****)+*+++,+-+.+/+0+w++++,U,,,,-P-----B.../0/1/x///F00000-1s11222a2w2x2222222323d3333333333>4J4K4_4444 535d5555 6<6666777f777e(Z((())Y))) *a****)+*+++,+-+.+/+0+w++++,U,,,,,-P-----B.../0/1/x///F00000-1s11222a2w2w2x2222222323d3333333333>4J4K4_4444 535d5d5555 6<6666777f777 888\8888,9\9999:L:t:::7 888\8888,9\9999:L:t::::%;M;j;;;;;;;;;;;;5<|<<<<<<<<=W===&>n>>>;??? @R@@@!AcAAAABTBBBCWCCCD`DDDDEE;E}EEF F F F F FFFVFFFFF8G~GG H(HpHHH@IZIe::%;M;j;;;;;;;;;;;;5<|<<<<<<<<=W===&>&>n>>>;??? @R@@@!AcAAAABTBBBCWCCCD`DDDDEEE;E}EEF F F F F FFFVFFFFF8G~GG H(HpHHH@IZI[I\IZI[I\IIIIIIIIIIIIIJJJJJJJJJ J J J J JJJJJJJJJJJJJJ)\IIIIIIIIIIIIIJJJJJJJJJ J J J J JJJJJJJJJJJJJJJ / =!"#$%*%ȠA[8IIt$ o"cp\8G@(JV`>(@PME&Q`bޒ^V$% )-SL @L,"G) <[{a7@$ 80 8pxm9}ǂZ~GDv0F$% d1i|Qi :u_ #9$Ea?Jz ~Ad$v4X 2gb5zjVQi1Vh@6Z D$`P kxTrb$#C%&DDh1d PPrLI3^<_^mp mHV(Кfeb`6Q1]|*]DHb`+V=G{̡,aqŀ C n5C~:Ib:$ĀLS [(@(NormalCJmH <A@<Default Paragraph FontFx          7XU(/M7?EF?EEA J&> 05!(,w2d5:&>E\IJJ')*+-./1234678:;'7ZIJ(,059Userg\\JACKIE\DATA1\DEPT\CSADP\California 2002\Bill Analysis of AB 925 as amended by State Senate Aug 26.docUsert\\JACKIE\DATA1\DEPT\CSADP\California Page Sent to Iowa\Bill Analysis of AB 925 as amended by State Senate Aug 26.doc RENTAL POOL;Dill:Desktop Folder:work:States:Ca:Bill_Analysis_AB 925.docJoshxFile Server:Projects:PAS-RTC:current website files:test4:state_based_stats:california_documents:Bill_Analysis_AB 925.doc@.!2:-FP@GTimes New Roman5Symbol3 Arial"1h%%$ 9 { \0FBILL ANALYSIS UserJosh5S  E&`-bF@+{10"d7NDDvIMN?~D 냊j0I[HSX~ tH=_bR_aa<37; cV:ԕU7S Dﮚ@ w98DF~k(@h͈tNT0 3dok<>ud-[ {:ŷbo߄R1K %mJU3 zno0rܠD 4PQ!'б&R l\T$ jĐS+?Ċ1Ÿ$0RaL5XXoPea{<1˜ FҀr._I-JB%Hςp -F(cX '! 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