HomeMy WebLinkAboutMINUTES - 05032011 - C.38RECOMMENDATION(S):
SUPPORT Senate Bill 930 (Evans): In-Home Supportive Services, a bill that deletes
requirements pertaining to obtaining fingerprint images of IHSS recipients, deletes the
requirement that the provider timesheet include spaces for provider and recipient
fingerprints, and deletes requirements and prohibitions relating to the use of a post office
box address by an IHSS provider, as recommended by the Legislation Committee.
FISCAL IMPACT:
The requirement to fingerprint all consumers in their homes requires specialized and costly
equipment that has not yet been purchased by the state. The state has estimated that it would
need $8.2 million this year alone, as well as a total of $41.6 million over the next seven
years, to implement this provision. Clearly, in these difficult fiscal times, the expenditure of
millions to implement an anti-fraud initiative in the absence of demonstrated or widespread
fraud would be imprudent at best.
BACKGROUND:
Summary: Relates to the county administered In-Home Supportive Services enrollment
form. Deletes requirements pertaining to obtaining fingerprint images of IHSS recipients,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/03/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 3, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc:
C. 38
To:Board of Supervisors
From:Legislation Committee
Date:May 3, 2011
Contra
Costa
County
Subject:SUPPORT SB 930 (Evans): In-Home Supportive Services
and the requirement that the provider timesheet include spaces for provider and recipient
fingerprints. Deletes requirements and prohibitions relating to the use of a post office box
address by an IHSS provider.
Under existing law, the State Department of Social Services, in consultation with the county
welfare departments, is required to develop protocols and procedures for obtaining
fingerprint images of all individuals who are being assessed or reassessed to receive
supportive services, as specified. Existing law also requires the standardized time provider
timesheet used to track the work performed by providers of in-home supportive services to
contain specified information, including, effective July 1, 2011, designated spaces for the
index fingerprints of the provider and recipient.
This bill would delete the requirements pertaining to obtaining fingerprint images of IHSS
recipients, and the requirement that the provider timesheet include spaces for provider and
recipient fingerprints.
Existing law requires an IHSS provider enrollment form to be completed using the
provider's physical residence address, and prohibits the use of a post office box address.
Existing law also prohibits a county from mailing a provider's paycheck to a post office box
address, unless the county approves a provider request to do so, as specified.
This bill would delete the requirements and prohibitions relating to the use of a post office
box address by an IHSS provider.
The above provisions in SB 930 represent some of the components of Governor
Schwarzenegger’s “IHSS Anti-Fraud” initiative in 2009. Many of the provisions of this
package were designed to prevent fraud and duplicative aid within the program, but few
were evaluated on their cost-effectiveness to deploy and implement. In fact, the requirement
to fingerprint all consumers in their homes requires specialized and costly equipment that
has not yet been purchased by the state. The state has estimated that it would need $8.2
million this year alone, as well as a total of $41.6 million over the next seven years, to
implement this provision. Clearly, in these difficult fiscal times, the expenditure of millions
to implement an anti-fraud initiative in the absence of demonstrated or widespread fraud
would be imprudent at best.
Counties are also perplexed by the prohibition on using P.O. Boxes for providers. In many
of our rural areas, P.O. Boxes are often the only option for residents to receive mail.
Limiting the use of P.O. Boxes does will not have a significant effect on fraudulent
activities, and in fact, may harm the ability of counties and consumers to recruit and retain
providers.
The IHSS Program has numerous safeguards against fraud, including a state and
county-level IHSS Quality Assurance (QA) Initiative. Counties have dedicated QA staff
performing desk reviews and home visits of recipients and providers, according to
state-established guidelines, looking specifically for potential fraudulent activity and
adequacy and quality of care issues. In addition to these reviews, the counties perform more
in-depth or “targeted” case reviews that focus on specific issues or cases which may be
problematic or signal potential fraud.
Additionally, the incidence of IHSS fraud is overstated. According to 2006-07 results of
state/county Quality Assurance efforts, of the nearly 24,000 total cases reviewed, only 523
were referred for further investigation for potential fraud – just 2 percent. County data of
actual fraud referrals shows even fewer potentially fraudulent cases, including Los Angeles
County with less than 1 percent of cases over a three-year period referred for fraud.
CSAC supports SB 930. EHSD Director Joe Valentine recommends that the Legislation
Committee support this bill and recommend it to the Board of Supervisors. The Legislation
Committee at its April 28, 2011 considered the bill and recommends that the Board support
it.
BACKGROUND: (CONT'D)
STATUS:
02/18/2011 INTRODUCED.
03/10/2011 To SENATE Committee on HUMAN SERVICES.
04/26/2011 From SENATE Committee on HUMAN SERVICES: Do pass to Committee
on APPROPRIATIONS.
VOTES:
04/26/2011 Senate Human Services Committee P 4-3
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not be on record with an official position on the bill and
cannot advocate for its enactment.
ATTACHMENTS
SB 930 (Evans) Bill Text