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HomeMy WebLinkAboutMINUTES - 05041999 - D4 TO. BOARD OF SUPERVISORS .� Contra Costa t, FROM. John Cullen, Director Social Service Department DAT€: .�srA� April 7, 1999 SUBJECT: IN-HOivIE SUPPORTIVE SERVICE(IHSS)PUBLIC AUTHORITY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECph0,4ENDATIONS; 1) ACCEPT the attached report entitled Findings and Recommendations submitted by the In-Home Supportive Services (IHSS) Public Authority Implementation Team to the Social Service Director in March, 1999. 2) ADOPT the forty-eight (48) recommendations in the attached report, including .four (4) additions made by the Social Service Director. (The additions offered by the Director are summarized in Background/Reasons for Recommendations.) 3) AUTHORIZE the County Administrator and Social Service Director to begin recruitment, hiring and location processes for the Public Authority staff, who in turn will operationalize the Public Authority based on the Implementation Team Report, 4) DELEGATE the Aging and Adult Services Director (or the Social Service Director if that position has not yet been filled) responsibility for the supervision of the Executive Director of the IHSS Public Authority. (The Implementation Committee provided four options for reporting structure for the Director's consideration.) 5) ACKNOWLEDGE the hard work and perseverance of the twenty-seven individuals who participated as members of the Public Authority Implementation Team and thank them for their contribution to the establishment of the Public Authority. BAC&GROUND/REASONT S FOR RECOMMENDATIONS: In accordance with the Board Order adopted March 10, 1998, following the issuance of a Request for Proposals, CONTINUED ON ATTACHMENT: X -YES SIGNATURE: . 4RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON May 4,1999 APPROVED AS RECOMMENDED OTHER SE THE ATTACHED ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 'X' UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED M a y 4 . 1999 PHIL BATCHELOR,CLERK OFT HE BOARD OF SUPERVISORS,$ND COEI`+IiY ADMIN1STRATCR I f Eu1382 ("EO/B&) t the Social Service Director retained the services of implementation consultant, Eldon E. Luce, to assist the County in establishing the Contra Costa County In-Horne Supportive Services (IHSS) Public Authority, Mr. Luce served as facilitator of a 27-member ad hoc Implementation Team appointed by the Social Service Director. Implementation Team members represented a cross-section of major stakeholders in the IHSS Program. The Implementation Team convened for its first meeting on September 3, 1998, and met twice monthly thereafter, completing its work. on March 4, 1999. Mr. Luce submitted the Findings and Recommendations of the Implementation Team to the Social Service Director on March 7, 1999. The recommendations are the product of the diversity of knowledge represented by Implementation Team members, technical assistance from other Public Authorities, and input gathered from three community forums. Understandably, the recommendations in the report are the product of consensus among members of the Implementation Team. The report is well organized into six general areas and provides a great deal of group thought and findings that will expedite our implementation. These areas include: 1) Public Authority Role, Responsibilities, Relationship, and Level of Coordination with Other Entities; 2) Public Authority Values, Mission Statement, and Duties; 3) Public Authority Advisory Committee Role, Mission, Duties and Membership; 4) Public Authority Registry Design, Operations, and Policies and Procedures; 5) Consumer and Provider Support Services and Training; 6) Public Authority Executive Director Reporting Structure, Staff Positions, Job Descriptions, Salaries and Benefits, Performance Measures, Office Space, Budget, Rate, and Documentation Required by the California Department of Social Services. Following review of the Findings and Recommendations, the Social Service Director has made additions to four of the forty-eight recommendations made by the Implementation Team as noted below and specified in the report by italics. The four additions offered by the Director include: 1) Provision of an example of case management functions as part of Recommendation 2, page 5; 2) Clarification that the Advisory Committee will focus on Public Authority operations and will work through. the County's legislative staff when offering advice on pending legislation within Recommendation 7, page 14; 3) Making provision for the duration and staggering of Advisory Committee membership in Recommendation 7, page 16; and 4) Incorporation of the Team's performance measures for the Public Authority into the interagency agreement in Recommendation 14, page 46. In addition to these amendments, the Social Service Director was asked to recommend one of four options for the organizational structure/reporting responsibility of the Public Authority. The options presented by the Implementation Team, include direct supervision by the Board of Supervisors as Public Authority Governing Board; reporting to a Committee of the Board; reporting to the County Administrator; or reporting to the Social Service Department. Pros and cons for each of these has been listed by the Team on pages 40 to 43. Given the need to maintain extremely close coordinationlcooperation between the Public Authority and Social Service Department components of IHSS, as well as fiscal and programmatic accountability vested in Social Service Department, and the vital role of IHSS within our County's bang-term care planning effort, supervision of Public Authority staff by the Department is warranted. JBC:sjb ADDENDUM TO ITEM DA A&i3 May 4, 1999 Agenda On this date, the Board of Supervisors heard the report and recommendations presented by John Cullen, Director, Social Services Department on the In-Home Supportive Services (IHSS)Public Authority in Board Order DA A and B (Resolution No. 99/237). The Board discussed the matter. The public hearing was opened and the following people presented comments: Ethel Dotson, 396 South Street, Richmond; Paul Demange,Independent Living Resource, 3200 Clayton Road, Concord; Dorothy Clinton, 2400 Nevin, Richmond; Trudi Riley, Chair, Implementation Team; Gordon Shasky, 102 Chilpancingo Parkway,Pleasant Hill; Kagey Dorosz, Elder Abuse Prevention; Those desiring to speak having been heard, the matter was brought back to the Board for discussion. Supervisor Gioia moved to approve the recommendations as presented including the following modifications: In Paragraph 4, instead of delegating responsibility for supervision of the Executive Director to the Aging and Adult Services Director, the Board, subiect to some guidelines or suggestions from the Social Services Director, provide ideas that would help facilitate that relationship; and the advisory body address issues that deal with the operation of the IHSS program in addition to the public authority. Supervisor Gerber seconded the motion, and suggested that to facilitate County departments communicating with one another, a committee of the Board would be the initial entry for those wanting to bring exceptional issues or concerns to the Board. Family and Human Services Committee might be the most logical. Supervisor Gioia restated his motion and included his earlier remarks that as noted in the Statement of Responsibilities,Recommendation 7-3,Page 14, the Advisory Board, instead of providing consumer input into IHSS public authority operations,would provide consumer input into IHSS public authority operations and other operational issues of the IHSS. He accepted Supervisor Gerber's amendment, and included the provision that John Cullen,Director of Social Services,would provide guidelines. Mr. Cullen requested clarification that only one person in the Department would be responsible for the overall management of IHSS,with exceptional issues or concerns to be channeled to the committee if they were to occur. Supervisor Gioia stated that was correct. Following further Board discussion, the vote on the motion was as follows: AYES: SUPERVISORS GIOIA,UILKEMA,GERBER,DeSAULNIER and CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE D4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA AS GOVERNING BOARD OF THE IN-HOME SUPPORTIVE SERVICES AUTHORITY Adopted this Order on May 4, 1999,by the following vote: AYES: SUPERVISORS CIOIA, UILKEMA, C,ERBER, DeSAULNIER and NOES: NONE CANCIAMILLA ABSENT: NONE ABSTAIN: N O N E SUBJECT: In the Matter of In-Home Supportive) Services (IHSS) Public Authority } ]Employees' Retirement Benefits RESOLUTION NO. 99-12 3 7 WHEREAS, California Welfare and Institutions Code section 12301.6 authorizes the County to establish a public authority as a separate government entity to carry out the delivery of in-home supportive services; and WHEREAS,the Board of Supervisors enacted Ordinance No. 98-14 establishing the Contra Costa County In-Home Supportive Services Authority(IHSS Authority) a public authority,to provide for the delivery of in-home supportive services; and WHEREAS,the Board of Supervisors is the governing board of the IHSS Authority and has authorized recruitment for the administrative employees of the public authority and desires to offer such employees the same employee benefits available to employees of the County, therefore THE BOARD IN ITS CAPACITY AS GOVERNING OF THE IHSS AUTHORITY RESOLVES that: 1. Effective July 1, 1999 or the date of employment by the IHSS" authority, whichever is later, all administrative employees of the IHSS Authority, not including the care providers employed by the IHSS recipients, shall be eligible for employee benefits available to all new County employees as of the date of their employment. Subject to approval of the Board of Retirement of the Centra Costa County Employees Retirement Association, such benefits shall include Tier Two membership in the Contra Costa County Employees Retirement Association. The employer contributions for any such benefits shall be a cost of the IHSS Authority, and not of the County of Contra.Costa. 2. If membership of IHSS Authority employees in the Contra Costa County Employees Retirement Association is approved by the Board of Retirement,the Board adopts Government Code section 31751 et seq. (Tier Two retirement) for the IHSS Authority. 3. If membership of IHSS Authority employees in the Contra Costa County Employees Retirement Association is approved by the Board of Retirement,the Board adopts Government Code section 31755 (Tier Three retirement) for the IHSS Authority, #hereby certify that this 1s a true and wrrect copy of CONTACT: Andrea Cassidy an actio„ tamer, and entered on the ;minutes of the Orig. Dept: County Counsel Board of Supervisors on Ift date shown. cc: Social Service Department ATTESTED: Mav 1929 CCCERA P}iii BATCHELOR,Geek of the Board of Superviso. and County Administrator Human Resources Department ) y Deputy Employees Retirement Association h:\his-IHSS RESOLUTION NO. 99- l v o f i i f i i $ $ i i f f �s f f Jo cooa UJ Z - 00 m � #3. 0 cn 0 0 r w $ p r �.c s i r f r ♦ i f r ♦ a • ♦ -0 Y r ul LU r C IL CD ti Ul ul # cc 0 �0LU t w LUt 0 f� � . 0 Proposed Exhibit 6 Public Authority Annual Budget Start-up Year 2ngoing Salaries/Benefits Exec Director 5107/mo 61,200 611200 frog Manager 4150/mo 49,800 49,800 Office Mgr/Clerk 3000/mo 36,000 36,000 Fringe Benefits @ 27% 42,630 42,630 ' 189,630 189,630 Registry Operations Coordinator, clerk, three regional aides and 125,000 125,000 office support Labor Relations Services Contact with IEDA Initial Employee organization recognition 45,000 and negotiation Ongoing Labor relations services 25,000 Human Resources Staff Liaison 35,000 35,000 80,000 60,000 INNIN Liability and Workers 20,000 20,000 Compensation Insurance Provider Training Train 000 providers per year(75 per month)for 45,000 45,000 $50 per session Provide$25 training stipend per session to 22,540 22,500 providers (904 x$25) 67,500 67,500 Legal Services 1260 hrs/yr @ 86.50/hr 109,000 14.00 hrs/yr @ 86.50/hr 86,540 109,000 86,500 011 M 10"111;111 111 111111;1111101111 Social Service Department 50% Staff Asst. 11 $2715/mo wages &ftinges32,580 32,580 Staff Liaison ` Office Spate 1200 sq ft @$1.50/sq ft/month 21,600 21,6100 I PRO Office Furniture Desks, chairs, workstations, files & bookcases 5,000 for 3 staff 15 tables and 30 chairs for conference room 9,000 Audio-visual equipment 500 14,500 Computer Hardware & $4040 @ for 3 staff 12,000 Software Acc' ting/Auditing Annual Accounting costs 4,000 4,000 -4-is Annual Audit costs 16,003 4,0001 10,000 Public Authority/BUDGETVALS Exhibit 6 (Cont'd) Advisory Committee Mileage reimbursement averaging $30 per 3,900 3,900 Expenses month for 11 members Stationery 600 600 Meeting refreshments &supplies for 1,200 1,200 $100/month 5,700 5,700 NOWNINOW Office Supplies $2000 initial purchase of stationery,desk 2,000 supplies, etc. Monthly replenishment of office supplies 1,650 1,800 3,650 1,800 Postage Monthly mailings to 5,000 providers ($900) 12,000 12,000 Other monthly postage($100) Printing Informational fliers +6,000 6,000 Training manuals- 1,000 per year for providers Books, periodicals 500 500 Office Equipment FAX purchase& installation 1,000 Photocopy rental ($530/month) 6,360 6,360 7,360 6,360 Tele phone 10 telephone line installation 1,000 10 telephones $50/month 6,000 6,000 7,000 6,000 Staff mileage $100 @ for two staff per month 2,400 2,400 Staff and Advisory Council Four attendees at conferences @ $500 2,000 2,000 Travel/Conferences Staff Training Four group Facilitation Training sessions for .2,000 staff and Advisory Council @$500 Semi-Annual group facilitation training for staff 1,000 and Advisory Council 2,000 1,000 IT/Programming Expenses 60 hours @ $75thr 4,500 30 hours @ 76/hr 2,250 4,500 2,250 1,11:11; 1101 ,111 1141,011MR-1111A IN R, --- ,Other Professional Services Consultants for needs assessment, program evaluation, event plans, etc. 100 hrs $601hr 6,000 50 hrs $60/hr 3,000 6,000 3,000 +drlepEiS Expenses 5,0001 5,040 TO fAL 739,920 666,820 Public Authority/BU©GETWALS y; \..ri � i APPENDIX C COUNTY ORDINANCE NO.98-14 IN-DOME SUPPORTIVE SERVICES AUTHORITY ORDINANCE NO. 98-14 In-Home Supportive Services Authority The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the Ordinance Code): EMQh1 I: Division 55 is added to the Contra Costa County Ordinance Code to gid: DIVISION 55 In-:Home Supportive Services Authority Chapter 55-2 Authority Established Article 55-2.2 General 55-2.200 Deftnitim- 1. "KISS"means in-home supportive services as described in Welfare and Institutions Code section 12300(a), (b), et seq. 2. "Provider"means a person who provides in-home supportive services to a recipient. 3. "Recipient"means a person eligible and authorized to receive in-Dome supportive services under Welfare and Institutions Code section 12300, et seq. 4. "County"means Contra Costa County. (Ord. 98-14) 55-2.202 A, ,or ty Pursuant to Welfare and Institutions Code section 12301.6 the Contra Costa County Board of Supervisors establishes a public authority to provide for the delivery of in-home supportive services. (Orsi. 98-14) ORDINANCE 98-14 1 55-2.204 hla=. The name of the authority shall be the Contra Costa County In- Home Supportive Services Authority. (Ord. 98-14) 55-2.206 overni ody. The governing body of the Contra Costa County In- Home Supportive Services Authority is the Contra Costa County Board of Supervisors. (Ord. 98-14) 55-2.208 5==1e Entity. The Contra Costa County In-Home Supportive Services Authority shall be a public entity separate from the County of Contra Costa and shall file the statements required by Government Code section 53051. (Ord. 98-14) 55-2.214 Advis CDm im_ttee. The Board of Supervisors shall appoint an advisory committee to the Centra Cresta County In-Home Supportive Services Authority. Such advisory committee shall consist of eleven individuals,provided that no fewer than 50 percent of the members of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of services under Article 7 of fart 3 of Division 9 of the Welfare and Institutions Code. (Ord. 98-14) .Article 55-2.4 Authority Powers 55--2.402 Character of Authority. The Contra Costa County In-Home Supportive Services Authority shall be a corporate public body,exercising public and essential governmental functions,that has all the powers necessary or convenient to carry out the delivery of in-home supportive services in Contra Costa County,including the power to contract for services pursuant to sections 12302 and 12302.1 of the Welfare and Institutions Code, and to make or provide for direct payment to a provider chosen by the recipient for the purchase of services pursuant to sections 12302 and 12302.2 of the'Welfare and Institutions Code. (Ord. 98-14) 55-2.404 uthorily ErnpjQy=s. Employees of the Contra Costa County In-Home Supportive Services Authority shall not be employees of Contra Costa County for any purpose. (Ord. 98-14) 55-2.406 A.Uthorily Functions. The Contra Costa County In-Home Supportive Services Authority shall carry out the following functions: 1. The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry. ORDINANCE 98-14 2 2. Investigation of the qualifications and background of potential in-home supportive services personnel. 3. Establishment of a referral system under which in-home supportive services personnel shall be referred to recipients. 4. Providing for training for providers and recipients. However,the Authority shall not be obligated to provide training directly,to pay for training provided privately or in the community,to pay providers for the time spent in training,to accompany recipients to training, to pay for transportation to training,or to pay for any materials required by the training. The Authority is not obligated to screen or be responsible for the content of any training it informs providers or recipients is available in the community. The Authority is not obligated to ensure that any provider or recipient attend or complete any training. 5. Performing other functions related to the delivery of in-home supportive services as directed by the Board of Supervisors. 6. Ensuring that the requirements of the personal care option pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the united States Code are met. (turd. 98-14) 55-2.408. Se,tvice„Povid t mrsloy ntEu ctr� ices. The Contra Costa County In- Home Supportive Services Authority shall be deemed to be the employer of in-home supportive services personnel referred to recipients as provided in part 3 of section 55-2.406,within the meaning of Chapter 10(commencing with section 3500)of Division 4 of Title I of the Government Code,provided,nevertheless,that recipients shall retain the right to select, terminate,and direct the work of any in-home supportive services personnel providing services to therm. In order to assure the preservation of the individual provider mode and limit the liability of the Authority,the Authority shall have no authority or jurisdiction to regulate,control,or limit the rights and responsibilities of recipients of in-home supportive services to hire,fire or supervise providers. The right to supervise includes,but is not limited to,the right to determine matters such as work schedules,tasks and duties,assignments and direction of work,methods and standards of care and conduct,discipline,provisions for safety and security,control of premises,.any in-home living or other accommodations,and final resolution of cornu, problems and complaints relating to such supervision. Recipients retain such rights and responsibilities independent of the Authority, just as they held such rights and responsibilities independent of the county prior to the formation of the Authority. (Ord. 98-14) ORDWANCE 98-14 3 55-2.410 Recipient Set action. Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the Contra Costa County In-Borne Service Authority. Those personnel shall nevertheless be referred to the Authority for the purposes of wages, benefits,and other terms and conditions of employment. (Ord. 98-14) 55-2.412 State Re=sihili ies. The creation and operation of the Contra Costa Counter In-Home Supportive Services Authority shall not alter,require the alteration of,or interfere with the state payroll system and other provisions of Welfare and Institutions Code section 12302.2 for individual providers of in-home supportive services,or affect the state's responsibility with respect to unemployment insurance or worker's compensation for providers of in-home supportive services. (Ord. 98-14) Article 55-2.6 Authority Administration 55-2..602. Amt ority Direc . The director of the Contra Costa County In-Home Supportive Services Authority shall be appointed by the Board of Supervisors. (Ord. 98-14) 55-2.604. Labor Relations. The Contra Costa County Employer-Employee Relations Resolution(Board of Supervisors'Resolution No. 8111165),or any succeeding such resolution, shall be applicable respecting the labor relations responsibilities of the Contra.Costa County In-Home Supportive Services Authority,provides,nevertheless: 1. A showing of interest of at least ten percent(10%)of the eligible providers,as defined by the Authority, shall be a sufficient showing of interest for any labor organizations to initiate any election or representation procedures established by the Authority for the purposes of certifying an exclusive representative for purposes of collective bargaining, 2. The Authority shall have a non-strike clause in any and all collective bargaining agreements with providers and personnel of the Authority. The non-strike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements. 3. Any collective bargaining agreement reached between the Authority and any labor organization certified to represent providers shall be subject to the limitations of this chapter and to ratification in its entirety(i.e. all provisions of such agreements shall be subject to the same vote)by a simple majority of votes cast in a ballot in which all eligible providers,as defined by the Authority,shall be qualified to participate. Final adoption of any such agreement shall be by simple majority of the Board of Supervisors. ORDINANCE 98-14 4 4. The county Human Resources Department is designated as manager of labor relations for the Authority. (turd. 98-14) 55-2.604Qunty Costs. The costs and expenses of Contra Costa County to provide administrative,legal,labor relations,and other services to the Contra Costa County In-dome Supportive Services Authority,and to make payments to or provide benefits for in-home supportive services providers,shall be charged against the funds of the Authority. (Ord.98414) 55.2.608 MW Rro `si ns. 1. The establishment and operation of the Authority or application of Government Code section 3500,et seq.,shall not result in payments from the county's general fund beyond the county' s annual appropriation for the Authority,if any,which shall be an absolute limit on county costa 2. The total of all operating costs,wages,and benefits proposed or established by the Authority shall be consistent with the provisions of the county budget. The Authority shall not establish a payment rate,including costs of wages,benefits and operation, until the Authority determines that the funds necessary for the payment rate are legally available. The annual appropriation for the Authority,if any,contained in the county's fiscal budget for any fiscal year shall be an absolute limit on county cost for that fiscal year. 3. The Authority shall adopt its budget under the same laws,rules and policies that control the county budget process. 4. The Authority shall not have the authority to agree to or approve any collective bargaining or other agreement that requires an increase in wages or benefits unless there is a state or Federal match for such increases. Services shall not be reduced in order to fund the Authority or implementation of Government Code section 3500,et seq. 5. The maximum amount of county hands available in any given budget year for the wage and benefit negotiations,if any, shall be set by the Board of Supervisors as part of the county's annual budget. VIhile the establishment of this figure shall not obligate the county,it shall serve as the absolute limit to county costs for any increases negotiated in collective bargaining taking place that fiscal year. The absolute cap on annual county spending on wage or benefits increases shall not be affected by any potential changes in state or federal reimbursement rates. (Ord.98-14) ORDNANCE 98-14 5 Article 55-2.8 County and Authority Liability 55-2.842 No Employer Liability. The Contra Costa County In-Home Services Authority shall be deemed not to be the employer of in-home supportive services personnel referred to recipients under this ordinance for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel. (Ord. 98-14) 55-2.804 No_ m-referral ���abil�. The Contra Costa County In-Home Services Authority shall not be held liable for any action or omission of any in-home supportive services personnel whom the Authority did not list on a registry or otherwise refer to a recipient. (Ord.98-14) 55-2.845 No County Liability. The County of Contra Costa and the State of California shall be immune from any liability resulting from the implementation of Welfare and Institutions Code section 12341.6. (Ord. 98-14) 55-2.$48 Agcy Liability. 1. Any obligation of the Contra Costa County In-Home.Services Authority, whether statutory,contractual,or otherwise,shall be the obligation solely of the Authority and shall.not be the obligation of the County of Contra Costa or the State of California. 2. The Authority shall not be held liable for any act or omission of any provider whom the Authority did not list on its registry or otherwise refer to a recipient. 3. The county shall be immune from any liability resulting from its implementation of this chapter and/or administration of the IHSS program pursuant to Welfare and Institutions Code section 12341.6. 4. Any and all contracts, leases,or other agreements of any nature, including collective bargaining agreements,between the Authority and third parties other than the county shall contain an express provision advising the third party that the Authority is a separate governmental entity and that such agreement does not bind Contra Costa County. 5. The Authority shall require any and all third parties contracting with the Authority to indemnify and hold harmless the Authority,to provide the Authority with written acknowledgment of such indemnification,and to maintain adequate levels of insurance, as determined by the County's risk manager,naming the Authority as an additional insured. (Ord. 98-14) ORDINANCE 98-14 6 55-2.810iabilitvs.twice. Without limiting its indemnification of the county as set forth below,the Authority shall acquire and maintain appropriate insurance in amounts and coverage types to be determined by the county's risk manager to be adequate, and shall name the county and the members of the Board of Supervisors as additional insureds on any policies of insurance maintained by the Authority. Evidence of such insurance shall be provided to the county's risk manager within thirty days of procurement (Ord.98-14) 55-2.812 Indemnificatim. The Authority shall indemnify,defend and hold harmless the county and its special districts,elected and appointed officers,employees and agents from and against any and all liability, including defense cuts and legal fees,and claims for damages of any nature whatsoever,including but not limited to personal injury or property damages, arising from or connected with any act or omission of any officer or employee of the Authority. (Ord. 98-14) Article 55-2.10 Noun-Severability 55-2.1002. 1. If any section of this chapter,or the application of such section to any person or circumstance, is held invalid,each and every of said provisions of this chapter shall not be deemed severable from the provisions of this ordinance establishing the Authority,and this chapter Shall be held invalid in its entirety. 2. If this chapter becomes invalid under with subsection(1)above,the Authority created by this chapter shall cease to exist,and the county shall immediately resume the provision of IHSS as were provided prior to the adaption of this ordinance. (Ord. 98- 14) Article 55-2.12 Termination .55-2.12412. By repeal of this Division,the Board of Supervisors may terminate the Contra Costa County In-Home Services Authority. (Ord.98-14) 55-2.12414. Unless extended by ordinance of the Board of Supervisors,this Division 55 (Chapter 55-2)shall be repealed in its entirety on March 1,2001 (and be of no farther farce and effect on that date),and the county shall immediately resume the provision of KISS as were provided prior to the adoption of this ordinance. (Ord. 98 - 14) ORDINANCE 98-14 7 SECTTCN Ti: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,and within IS days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TTIv ES, a newspaper published in the County. PASSED on march l7: 1998 ,by the following vote: A'C'ES: Supervisors Gerber, DeSaulnier, Canciamilla, Rogers NOES: Supervisor Uilkema ABSENT: None ABSTAIN: None ATTESTED: PHIL BATCHELOR,Clerk of the Beard of Supervisors and County Administrator r Deputy Shire C,asillas Board thair Jim Rogers [SEAL] HAGR UMSTAFRtttss-OR2.WD ORDINANCE 98-14 8 APPENDIX H WELFARE and INSTITUTIONS COPSE 12301.6 WELFARE and INSTITUTION CODE 12301.6 12301.6. (a)Notwithstanding Sections 12302 and 12302.1,a county board of supervisors may,at its option,elect to do either of the following: (1)Contract with a nonprofit consortium to provide for the delivery of in-home supportive services. (2)Establish,by ordinance,a public authority to provide for the delivery of in-home supportive services. (b)(1)To the extent that a county elects to establish a public authority pursuant to paragraph(2)of subdivision(a),the enabling ordinance shall specify the membership of the governing body of the public authority,the qualifications f©r individual members,the manner of appointrnent,selection,or removal of members,how long they shall serve,and other matters as the board of supervisors deems necessary for the operation of the public authority. (2)A public authority established pursuant to paragraph(2)of subdivision(a)shall be both of the following: (A)An entity separate from the county,and shall be required to file the statement required by Section 53051 of the Government Code. (E)A corporate public body,exercising public and essential governmental functions and that has all powers necessary or convenient to carry out the delivery of in-home supportive services,including the power to contract for services pursuant to Sections 12302 and 12302.1 and that makes or provides for direct payment to a provider chosen by the recipient for the purchase of services pursuant to Sections 12302 and 12302.2. Employees of the public authority shall not.be employees of the county for any purpose. (3)(A)As an alternative,the enabling ordinance may designate the board of supervisors as the governing body of the public authority. (E)Any enabling ordinance that designates the board of supervisors as the governing body of the public authority shall also specify that no fewer than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of services under this article. (C)if the enabling ordinance designates the board of supervisors as the governing body of the public authority,it shall also require the appointment of an advisory committee of not more than 11 individuals who shall be designated in accordance with subparagraph(8). (D)Prior to making designations of committee members pursuant to subparagraph(C),or governing body members in accordance with paragraph(4),the board of supervisors shall solicit recommendations of qualified members of either the governing body of the public authority or of any advisory committee through a fair and open process that includes the prevision of reasonable,written notice to,and a reasonable response time by,members of the general public and interested persons and organizations. (4)If the enabling ordinance does not designate the board of supervisors as the governing body of the public authority,the enabling ordinance shall require the membership of the governing body to meet the requirements of subparagraph(I3)of paragraph(3). (c)(1)Any public authority created pursuant to this section shall be deemed to be the employer of in- home supportive services personnel referred to recipients under paragraph(3)of subdivision(d)within the meaning of Chapter 10(commencing with Section 3500)of Division 4 of Title 1 of the Government Code. Recipients shall retain the right to hire,fire,and supervise the work of any in-home supportive services personnel providing services to them. (2)(A)Any nonprofit consortium contracting with a county pursuant to this section shall be deemed to be the employer of in-home supportive services personnel referred to recipients pursuant to paragraph(3)of subdivision(d)for the purposes of collective bargaining over wages,hours,and other terms and conditions of employment. (13)Recipients shall retain the right to hire,fire,and supervise the work of any in-home supportive services personnel providing services for them. (3)When any increase in provider wages or benefits is negotiated or agreed to by a public authority or nonprofit consortium under this section,then the county shall use county-only funds to fund both the county share and the state share,including employment taxes,of any increase in the cost of the program., unless otherwise provided for in the annual Budget Act or appropriated by statute. No increase in wages or benefits negotiated or agreed to pursuant to this section shall take effect unless and until,prior to its implementation,the department has obtained the approval of the Mate Department of Health Services for the increase pursuant to a determination that it is consistent with federal law and to ensure federal financial participation for the services under Title XIX of the federal Social Security Act. (d)A public authority established pursuant to this section or a nonprofit consortium contracting with a county pursuant to this section,when providing for the delivery of services under this article by contract in accordance with Sections 12302 and 12302.1 or by direct payment to a provider chosen by a recipient in accordance with Sections 12302 and 12302..2,shall comply with and be subject to,all statutory and regulatory provisions applicable to the respective delivery mode. (e)Any nonprofit consortium contracting with a county pursuant to this section or any public authority established pursuant to this section shall provide for all of the following functions under this article,but shall not be limited to those functions (1)The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry. (2)Investigation of the qualifications and background of potential personnel. (3)Establishment of a referral system under which in-home supportive services personnel shall be referred to recipients. (4)Providing for training for providers and recipients. (5)Performing any other functions related to the delivery of in-home supportive services. (6)Ensuring that the requirements of the personal care option pursuant to Subchapter 19(commencing with Section 1396)of Chapter 7 of Title 42 of the United States Code are met. (f)(1)Any nonprofit consortium contracting with a county pursuant to this section or any public authority created pursuant to this section shall be deemed not to be the employer of in-home supportive services personnel referred to recipients under this section for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel. (2)In no case shall a nonprofit consortium contracting with a county pursuant to this section or any public authority created pursuant to this section be held liable for action or omission of any in-home supportive services personnel whom the nonprofit consortium or public authority did not list on its registry or otherwise refer to a recipient. (3)Counties and the state shall be immune from any liability resulting from their implementation of this section in the administration of the In-Home Supportive Services program. Any obligation of the public authority or consortium pursuant to this section,whether statutory,contractual,or otherwise,shall be the obligation solely of the public authority or nonprofit consortium,and shall not be the obligation of the county or state. (g)Any nonprofit consortium contracting with a county pursuant to this section shall ensure that it has a governing body that complies with the requirements of subparagraph(B)of paragraph(3)of subdivision (b)or an advisory committee that complies with subparagraphs(E)and(C)of paragraph(3)of subdivision (b)• (h)Recipients of services under this section may elect in-home supportive services personnel who are not referred to them by the public authority or nonprofit consortium. Those personnel shall be referred to the public authority or nonprofit consortium for the purposes of wages,benefits,and other terms and conditions of employment. (i)Nothing in this section shall be construed to affect the state's responsibility with respect to the state payroll system,unemployment insurance,or workers'compensation and other provisions of Section 12302.2 for providers of in-home supportive services. Any county that elects to provide in-home supportive services pursuant to this section shall be responsible for any increased casts to the in-home supportive services case management,information,and payrolling system attributable to that election. Y he department shall collaborate with any county that elects to provide in-home supportive services pursuant to this section prior to implementing the amount of financial obligation for which the county shall be responsible, 0)To the extent permitted by federal law,personal care option funds,obtained pursuant to Subchapter 19 (commencing with Section 1396)of Chapter 7 of Title 42 of the United States Code,along with thatching funds using the state and county sharing ratio established in subdivision(c)of Section 12306,or any other funds that are obtained pursuant to Subchapter 19(commencing with Section 1396)of Chapter 7 of Title 42 of the United States Code,may be used to establish and operate an entity authorized by this section. (k)Notwithstanding any other provision of law,the county, in exercising its optica to establish a public authority,shall not be subject to competitive bidding requirements. However,contracts entered into by either the county,a public authority,or a nonprofit consortium pursuant to this section shall be subject to competitive bidding as otherwise required by law. (1)(1)The department may adopt regulations implementing this section as emergency,regulations in accordance with Chapter 3.5(commencing with Section 1€340)of Part I of Division 3 f Title 2 of the Government Code. For the purposes of the Administrative Procedures Act,the adoption of the regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace,health and safety,or general welfare. Notwithstanding Chapter 3.5(commencing with Section 11340)of Fart I of Division 3 of Title 2 of the Government Code,these emergency regulations shall not be subject to the review and approval ofthe Office of Administrative Law. (2)Notwithstanding subdivision(h)of Section €1364.1 and Section 11349.6 of the Government Code, the department shall transmit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. (3)Except as otherwise provided for by Section 10554,the Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations.Notwithstanding Chapter 3.5(commencing with Section €1340)of Part € of Division 3 of Title 2 of the Government Code, these regulations shall not be repealed by the Office of Administrative Law and shall remain in effect lentil revised or repealed by the department. ( )(1)In the event that a county elects to form a nonprofit consortium or public authority pursuant to subdivision(a)before the State Department of Health Services has obtained all necessary federal approvals pursuant to paragraph(3)of subdivision 0)of Section 14132.95,all of the following shall apply: (A)Subdivision(c)shall apply only to those matters that do not require federal approval. (B)The second sentence of subdivision(g)shall not be operative. (C)The nonprofit consortium or public authority shall not provide services other than those specified in paragraphs(I),(2),(3),(4),and.(5)of subdivision(d). (2)Paragraph(1)shall become inoperative when the State Department of Health Services has obtained all necessary federal approvals pursuant to paragraph(3)of subdivision( APPENDIXI CRSS ALL COUNTY LETTER NO. 98-20 and PUBLIC AUTHORITY REGULATIONS ADVANCE WPY STATE of LIFOR €iA--i•EALTH Arab WEVAR£ AGENCY �.. FETE ++ LSON. �ra.,rnar DEPARTMENT OF SOCIAL SERVICES ` 7A4 P Street,Sacramento,CA 95814 ' y; o March 17, 1998 REASON FOR THIS TRAM SN.ITTAL ALL COUNTY LETTER.NO. 98-20 X] State Law Change Federal Law or Regulation Change TO: ALL COUNTY W"ELF"ARE DIRECTORS Court Order or Settlement IHSS PROGRAM MANAGERS Agreement j Clarification Requested by One or More Counties Initiated by CRSS SUBJECT: PUBLIC AUTHORITY AND NONPROFIT CONSORTIUM SERVICE DELIVERY UNDER THE IN-HOME SUPPORTIVE SERVICES AND THE PERSONAL CARE SERVICES PROGRAMS The following is information regarding the implementation of Senate Bill(SB)485 (Chapter 722,Statutes of 1992);SB 35(Chapter 69,Statutes of 1993);SB 1078(Chapter 1252, Statutes of 1993);and Assembly Bill(AB) 1354(Chapter 1029,Statutes of 1994). The Legislature added Section 12301.6 to the Welfare and Institutions Cade.by Chapter 122,Statutes of 1992. Subsequent to this change,the Personal Care Services Program(PCSP)was implemented. As a consequence,modifications to the original version of Welfare and Institutions Cade Section 12301.6 were required.. The modifications were accomplished through Chapters 69 and 1252, Statutes of 1993 and Chapter 1029,Statutes of 1994. SB 1780(Chapter 206,Statutes of 1996) made firer modifications to Section 12301.6 by providing counties with guidelines for Busing a public authority or nonprofit consortium for delivery of In-Home Supportive Services(IHSS). Emergency regulations implementing SB 1780 were effective on June 3, 1997. A copy of the regulations are attached. See,Attachment A_ This All-County Letter(ACL)outlives county activities,public authority or nonprofit consortium activities and State activities for counties opting to use a public authority or nonprofit consortium to provide services under the IHSS and PCSP. A description of the'rateseving methodology and claiming and reimbursement instructions are also included. Upcoming Case Management,Information and Payrolling Systems(CMLPS)changes are also described N A county board of supervisors.may elect to establish,by ordinance.a public authority or contract with a nonprofit consortium to provide for the delivery of IHSS. A public authority is a corporate public body separate from the county that has all powers necessary to carry out the delivery of IHSS. A nonprofit consortium is an entity that has among ether things a tax exempt status. The county is required to meet the following additional requirements for the public y authority or nonprofit consortium.: I. The ordinance for the public authority must specify the membership of the governing body,qualifications for individual members,the manner of appointment,removal of members,tenure and other matters the beard of supervisors deems necessary. If the board of supervisors designates itself as the governing body of the public authority,the ordinance shall require the appointment of an advisory committee of no more than, I I members. No fewer than 50 percent of the advisory committee.members shah be persons who are current or past users of personal assistance services paid for through public or private fids. If the board of supervisors does not designate itself the governing body of the public authority,it shall specify the membership of the governing body. No fewer than 50 percent of the members of the governing body shall be person who are current or past users of personal assistance services paid for through public or private funds. . A county must enter into an interagency agreement with a public authority or nonprofit consortium to provide IHSS services. The county must submit a copy of to agreement to the California Department of Social Services along with the following information: • An organization chart of the.public authority; • Funding provisions for public authority casts,including how the proposed rate was developed; +� Public authority stag classifications and duties,and • A description of how the functional requirements will be met:. . 8 The county or State will not be responsible for any liability or obligation of the public authority or nonprofit consortium whether statutory,contractual or otherwise. 4. Counties will be responsible for any increased costs to the CMIPS attributable to the public authority or nonprofit consortium. The State will determine the amount of any increased costs and will bill an individual county for these costs. Any public authority or nonprofit consortium will be deemed to be the employer of IHSS personnel referred to recipients for purposes of collective bargaining. However,recipients will retain the right to hire,fire and supervise the work of any IHSS personnel providing services to them. Attachment B is a model Employer-Employee Relations Policy for Public Authorities. Public authorities and nonprofit consortiums may adopt,reject or modify the policy in part or in its entirety for purposes of collective bargaining. 2 I. A public authority or nonprofit consortium must provide for the following functions: * Assistance to recipients in finding IHSS service providers through the establishment of registry; * Investigation of the qualifications and background of potential personnel. * Establishment of referral system under which IHSS personnel will be referred to recipients; * Acne;ss to training for providers and recipients; * Any other functions related to the delivery ofIHSS;and * ,Ensuring that the requirements of the PCSP are met 2. A public authority or nonprofit consortium canndt duplicate any activities or services performed by the county. 3. A public authority or nonprofit consortium will not be the employer of IHSS personnel for purposes of Liability due to the negligence or intentional torts of the IHSS services personnel. 4. The public authority or nonprofit consortium roust notify the State of any increases in wages or benefits prior to implementation. �ACT,I The State's responsibility for payroll,unemployment insurance,workers' compensation and other provisions remains unchanged. The State will continue the payrolling,unless a public authority or nonprofit consortium opts to do this function. The costs of the public authority or nonprofit consortium will be;Funded from the county's services allocation. The costs must be reimbursed within the county's services allocation. EAUE=G METE10DOLOGI Counties will be responsible for establishing a total public authority rate. The public authority rate should include a rate for services(wages,benefits and taxes)and a rate for administrative costs. The rate should be expressed in a cast per hour for the Individual Provider (IP)mode. The contract mode should not include-any PA administration costs. For both PCSP and IHSS,the public authorjty not exceed 200 percent of the minimum wage- Y The rate development process and public authority hourly rate should be sent to the California Department of Social.Services IHSS Fiscal Unit on the enclosed rate setting form for concurrence. See Attachment C. The Department of Health Services will perform the final. approval. When any increase in provider wages or benefits is negotiated or agreed to by a public 3 authority or nonprofit consortium,the county will use county only funds to fund both the county share and the state share,including any portion of employment tares,unless otherwise provided for in the annual Budget Act or appropriated by statute. CLAWGAND REOM SEMENT The CMIPS will be used to do IP payroll and to track wages, benefits and public authority administrative costs. Public authority and nonprofit consortium costs will be invoiced by the counties to the IHSS Fiscal Unit on a quarterly basis. A sample of the public authority invoice and instructions for completing the Federal/State/County Reconciliation is enclosed. See Attachment D. Upon completion of the Federal/State/County Reconciliation,county staff should sum the adihinistrative gross expenditures for the entire quarter(from pages 2 through 4 of the PA invoice)separately for PCS?and for Non-PCSP(lines 2C and lines 8C)and transfer the total amounts for P'CSP and Non.PCSP to page I of the invoice under the Gross Expenditure column. Invoices should be submitted to the IHSS Fiscal Unit within 30 days after the end of each quarter.The IHSS Fiscal Unit will audit invoices against CMCPS and will monitor the 200 percent of minimum wage cap and any wages and associated costs exceeding minimum wage. Invoices will then be forwarded to CICS S.Accounting,which will.,process only the administrative portion for reimbursement, since the services portion will be processed through.CHIPS. Oms A screen similar to the County Summary(CSUM)screen will be created for Public Authority and Nonprofit Consortium. The Management Statistics Summafy.report will reflect the input from the new screens statewide and by county. Detailed instructions regarding those changes will be sent to all IHSS Program Managers. a ED-EMS Advanced copies of the In-Home Supportive Services Program Public Authority/Nonprofit Consortium Rate(Form SOC 4449,Attachment C)and the Public Authority Invoice(Form SOC 448,Attachment D)are attached to this letter. The forms are being f malized,and the IHSS Fiscal Unit will.notify?A counties once the forms are available. At that time,camera-ready copies of the forms can be obtained from the DSS Forms Management 4 If you have any questions regarding the regulations,please contact Sharen Sett in the IHSS Policy Unit at(916)2294597. For questions pertaining to funding,ratesetting or claiming and reimbursement,please contact Lisa Grech in the IHSS Fiscal Unit at(916)229-4595, and for any questions pertaining to CMIPS, please contact Josie Powers in the CNIIPS Unit at(916)229- 4019. Sincerely, DONNA L.MANDELSTAM Deputy Director Disability and Adult Programs Division Attachments s PUBLIC AUTHORITY REGULATIONS m ATTACHMENT A 30-753 SPECIAL DEFINITIONS (Continued) 30-753 (c) (1) Consumer means an individual who is a current or past user of personal rare services, as defined by Section 30-757.14, paid for through public or private fiends or a recipient of IHSS or PCSP. (2) (Continued) (3) (Continued) (4) (Continued) (d) through (in) (Continued) (a) (1) (Continued) (2) Nonprofit consortium means an association that has a tai;-exempt status and produces a tax exempt.status certificate and.meets the definition of a nonprofit organization. as contained in OIv1B Circular A-122 found ,at Federal Register, Vol. 45, No. 132, dated July 8, 1980. HANDBOOK BEGINS HERE (A) OMB Circular A-122 found at Federal Register, Vol. 45, No. 1.32, dated July 8, 1980, defines a nonprofit organization as one which: (1) Operates in the public interest for scientific, educational, service or charitable purposes; (2) Is not organized for profit raking purposes; (3) Is not controlled by or affiliated with an entity organized or operated for profit making purposes, anti (4) Uses its net proceeds to maintain, improve or expand its operations. HANDBOOK ENDS HERE (o) (Continued) 1 (p) (Continued) (7) Public Authority means: (A) An entity established by the board of supervisors by ordinance, separate from the county, which has filed the statement required by Section 53051 of the Government Code, and (B) A corporate public body, exercising public and essential governmental functions and that has all powers necessary and convenient to carry out the delivery of in-home supportive services, including the power to contract for services and make or provide for direct payment to a provider chosen by a recipient for the purchase of services. Authority Cited: Sections 10553, 10554, and 12301.1, Welfare and Institutions Code; and Chapter 939, Statutes of 1992. Reference. Sections 10554,12300(c), 12301, 12301.6, 12304, 12306, 12308, 1. 302. 14132.95, 14132.95(e), and 14132.95(f), Welfare and Institutions Code. 2 ® Amend Handbook Section 30-765.113 to read: 30-765 COST LIMITATIONS 3076.5 .1 (Continued) .11 (Continued) HANDBOOK BEGINS HERE I13 Welfare and Institutions Code Section 12300(g)(21) scares: *Any recipient receiving services under both Section 14132.95 and this article shall receive no more than. 283 hours of service per month, combined, and any recipient:of services under this article shall receive no more than the applicable maximum specified in Section 12303.4." (See Section 30-765.11.) HANDBOOK ENDS HERE Authority Cited: Sections 10553 and 10554,Welfare and Institutions Code; and Chapter 939, Statutes of 1992. Reference: Sections 1230 and 14132.95, ''welfare and Institutions Code. 3 30-767 SERVICE DELIVERY IN1ETHODS (Continued) 30-767 .2 Counties may elect to contract with a nonprofit consortium or may create a public authority to provide for the delivery of IHSS. .21 The board of supervisors shall establish a public authority by ordinance. .211 The public authority shall be separate from the county. Employees of the public authority shall not be considered to be employees of the county for any purpose. .212 The ordinance shall designate the governing body of the public authority and specify the qualifications of the individual members, the procedures for nomination, selection, appointment, tenure and removal of members, and such tither matters as the board of supervisors deems necessary for the operation of the public authority. (a) The board of supervisors may designate itself as the governing body of the public authority. (1) If the beard of supervisors is the governing body, the ordinance shall require the appointment of an advisory committee of no more than 11 members. (2) No fewer than 50 percent of the advisory committee shall be consumers as defined in Manual of Policies and Procedures Section 30--753(c)(1). (b) If the board of supervisors does not designate itself the ,governing body of the public authority, it shall specify by ordinance the membership of the governing body of the public authority. (1) No fewer than 50 percent of the members of the governing body shall be consumers as defined in Manual of Policies and Procedures Section 30-753(c)(1). .213 Before appointing members to the governing body or advisory committee, the board of supervisors shall solicit recommendations from the general public and interested persons and organizations through a fair and open process which includes reasonable written notice and a reasonable time to respond. 4 { 'he provisions at Section 30-767.213 shall be met by satisfying the requirements governing legislative bodiesoutlined in Government Code and cutter state and federal law, including, but not limited to, the Ralph M. gown Act-(Government Code Section 54950 et seq.) and the Americans with Disabilities Act. .214 Prior to initiating delivery of IHSS through a public authority, the county shall enter an agreement with the public authority specifying the purposes, scope or nature of the agreement, the roles and responsibilities of each patty including provisions which ensure compliance with all applicable state and federal labor laws, and compliance with all statutory and regulatory previsions applicable to the delivery of IHSS. This agreement shall also specify the fiscal provisions under which the public authority shall be reimbursed for its performance under the agreement. The county, in exercising its option to establish a public authority, shall not be subject to competitive bidding requirements. .215 Prior to initiating the delivery of IHSS through a public authority, the county shall submit to the California Department of Social Services a copy of the agreemernt as specified in Section 30-767.214 along with the following information concerning the public authority. (a) Organization chart of the public authority. (b) Funding provision for public authority costs, including how the proposed rate was developed. (1) The rate development process and the public authority hourly rate must be approved by Department of Health Services prier to initiating the delivery of services. (c) Public authority staffing classifications and duties. (d) A description of how the functional requirements of Welfare and Institutions Code Section 12301.6(e) will be met. HANDBOOK BEGINS HERE (e) The requirements of Welfare and Institutions Code Section 12301.6(e) are listed in Section 30-767.23. HANDBOOK ENDS HERE .216 If the public authority contracts with another entity to provide the deliver, of IHSS, the agreement shall satisfy the requirements of Manual of Policies and Procedures Chapter 23-600 relating to contracting. .217 All casts claimed for the delivery of services under an agreement as specified in Section 30-767.214 shall be claimed in compliance with criteria for rate setting found at Section F, attachment 4.19-B of the California Medicaid State Plan. (a) A county shall use county-only funds to fund both the county share and the state share of any increase in the cost of the program, including employment taxes,due to any increase in provider wages or benefits negotiated or agreed to by a public authority or nonprofit consortium unless otherwise provided for in the annual budget act or appropriated by statute. No increasein wages or benefits negotiated or aged to pursuant to this section shall tape effect until the Department has obtained the approval of the State Department of Health Services. .22 A county may contract with a consortium for deliver*of services. .221 A consortium entering a contract under Section 30-767.22 shall have a governing body composed as described in Section 30-767.212(b)(1), or shall have established an advisory committee composed as described in Sections 30-767.212(a)(1) and (2). .222 Such contracts shall be subject to the provisions of Manual of Policies and Procedures Chapter 23-+600. .223 A consortium entering a contract under Section 34-767.22 shall be deemed to be the employer of IHSS personnel referred to recipients as described in Section 34-767.23 for the purposes of collective bargaining over wages, hours and other terms and conditions of employment. .23 Any public authority or consortium shall provide the following minimum services: .231 .'Provide registry services to recipients receiving services pursuant to Section 30-767.23. (a) Assistance in finding providers through the establishment of a registry. (b) Investigation of the qualifications and background of potential providers listed on the registry. 6 (c) Establishment of a referral system under which potential providers are made Known to recipients. .232 Provide access to training for providers and recipients. HANDBOOK BEGINS HERE (a) Access to training for providers and recipients does not mean that the county or the Public Authority is under any obligation: (1) to provide the training directly, to pay for training provided in the community, to pay for the provider's time to attend or to accompany the recipient to graining, to pay for transportation to the training, or to pay for any materials required by the training, or (2) to screen or be responsible for the content of any training it tells providers and/or recipients is available in the community; or (3) to ensure that any provider or recipient attended/completed any training- HANDBOOK ENDS HERE .233 perform any other function related to the delivery of IHSS. .234 :Ensure that the requirements of the Personal Care Services Program pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code are met. .24 .Any public authority may adapt reasonable rules and regulations for the administration of employer-employee relations. HANDBOOK BEGINS HERE .241 The Employer-Employee Relations Palley for Public Authorities Delivering In-=Home supportive Services is available from the California Department of Social Services as a model for public authorities. Public authorities may adapt., reject, or modify-the policy in,part or in its entirety. HANDBOOK ENDS HERE .25 Public authorities and consortia roust submit cast reports and such other data as rewired for the Case /Management, Information and Payrolling System (CMIPS). 7 .26 Any county that elects to provide for in-home supportive services pursuant to this section shall be responsible for any increased casts to the CMIPS attributable t< such election. Ile Department shall collaborate with any county that elects-to provide in-home supportive services pursuant to this section prior to implementing the amount of financial obligation for which the county shall be responsible. .3 (Continued) HANDBOOK BEGINS-HERE ,4 (Continued) .5 (Continued) .6 (Continued) HANDBOOK ENDS HERE Authority Cited: Sections 10553 and 10554,Welfare and Institutions Code; and Chapter 939, Statutes of 1992. Reference; Sections 12301.6, 12302, 12302.1, =a 14132.95, Welfare and Institutions Code and Section 54950 et seq., Government Code. 8 APPENDIX J REFERENCE TO DEPARTMENT OF JUSTICE STUDY Looking for Funds to Expand ; Medigap Coverage .)r Improve Services*` : Under Scrutiny A number of national and local foundations make The National Bipartisan Commission on the Future grants available to nonprofit organizations that provide of Medicare is looking closely at Medigap policies and care and services to seniors.Consider the following. the coverage they provide.Analysts believe that - Blount Foundation supports education and health Medigap insurance curages overutilization ofMedi. programs. Write to D. Joseph McInnes, President, BF. care covered benefits,pointing to substantially higher 4520 Executive Park Dr.,Montgomery,AL.36116. Part 8 costs among policy holders, Nathan Cummings Foundation focuses on improving = The commission is considering such options as.ban- = ; Hing Medigap;taxing Medigap premiums;requiring end-of-lifecare.Call Charles Hakpren at 212-787-7300. Medigap insurers to become full-risk pians;issuing The Lake Q. Hancock Foundation encourages inch- rebates to beneficiaries who do not have Medigap cov- vidual initiative and builds community programs.Con. eraige;integrating Medigap features into Medicare cov- tact Ruth Rarnel at 654-321.5536. emge;and reforming Medicare to make Medigap, unnecessary.Changes such as these would force many • F.B.Heron Foundation supports community-based beneficiaries to pay more than the$2,733 national aver- organizations working with seniors. Fax requests to age in out-of-pocket expenses.Already,one in Io. ! l3NF at 212»b49-5861. Medicare beneficiaries cannot afford to pay any out-of- - Charles Stewart Mott Foundation fosters community pocket Medicare expenses. 46 building and favors replication projects.Visit the website at www.motLorg, • : Criminal Background - Piper Jaffrey Companies Foundation has a nese em- Checks May Be Overrated phasis on affordable housing.Call 612-342-5501. 1. The Department of Justice, in conjunction with the Dennis and Phyllis Washington Foundation funds American Bar Association,studied employers'use of ing centers and services.Call 406-523=1300. <- background screening methods and found that toss is often best. The study found that agencies that conducted a ba- sic screening(includes interview, reference check and written application)immediately rejected 6.4 percent of ,.,y' � t s Discount Group all applicants.Those that performed a criminal back- ttrchasing Program ground check-in addition to a basic screening elimi- nated only 5.7 percent of applicants. Moreover, 10 chil E,out ' percent of all employers who perforated criminal back- ground checks reported substantial client abuse by erre. No\10mberihip Fee# ployees whereas just 4.7 percent of employers who R Lnmmest possible price* used basic screening procedures reported abuse. dr .. t�' I�tsx�utarturer°s Y7i+r�•oustt,t i?� ProfessimWI Pi ft6sin';rower HIV/AIDS on the Wise Com" Purchatin.:!v uzation&Consulting Among the Elderly ly L t„a for[letter Service. Prk*S anJ%'&lure HIV/AIDS is growing faster among older adults thein any other age group.Area Agencies on Aging in Cali- JOIN THE GROUP! fc mia.Florida and Arizona are devoting resources to education and case management in ruder to reverse the trend. To find.out more,contact the following leaders in H1 VIA 1 DS care among the elderly: - San Diego AIDS Waiver Program-Rick Wanne,. 519-495-5097. Shatel . National Association ofHIV Over Fifty(NAHOF)- ttx}t Ntanne ViLt•ter"..:;Mvf,•04091 816-561-8784. 4&m*N.,CA 04$01-I WAcademv for Educational Development task for the I.•N t4q 1xtt�:337.t+3tt;tE C3 Medicare report}- 202-984-8931. ME • €lealth Care location Association(ask about"The Forgotten Tenth-video) - 760-323-4032. <- 4 -July 24,1998 California Association of Mmes and Services for the Aging l APPENDIX K ASSEMBLY BILL 857 AB 857 Assembly Bill -CHAPTERED Page l of 3 BILL NUMBER: AB 857 CHAPTERED BILL TEXT CHAPTER 911 FILED WITH SECRETARY OF TATE SEPTEMBER 26, 1996 APPROVED BY GOVERNOR SEPTEMBER 25, 1996 PASSED THE ASSEMBLY AUGUST 31, 1996 PASSED THE SEDATE AUGUST 14, 1996 AMENDED IN SENATE JULY 16, 1996 AMENDED IN SENATE JULY 7, 1996 AMENDED IN SENATE JUNE 13, 1996 AMENDED 1N ASSEMBLY JANUARY 29, 1996 AMENDED 1N ASSEMBLY JANUARY 9, 1996 INTRODUCED BY Assembly Member Woods (Coauthor: Assembly Member Alpert) (Coauthor: Senator O'Connell) FEBRUARY 22, 1995 An act to amend Section 15650 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST .AB 857, foods. In- nor. supportive service providers: criminal record checks. Existing law provides for the In-Nome Supportive Services (IHSS) program, under which, either through employment by the recipient, or by or through contract by the county, qualified aged, blind, and disabled persons receive services enabling them to remain in their own, haves. Counties are responsible for the administration of the IHSS program. Existing law provides that the Department of Justice shall secure any criminal record of a person to determine whether the person has been convicted within the last 10 years of any felony or of specified offenses if an employer of the person requests the determination and sub Its fingerprints of the person to the Department of Justice. This hill would include a recipient of in-home supportive services within the definition of employer for those purposes, and would specify that any local law enforcement agency or officer may take fingerprints for that purpose. . This bill would impose a state--mandated local program by rewiring counties to notify lHis recipients and applicants upon application or the annual redetermination, or upon the changing of providers, of the availability of the criminal record check, and that it cern be performed by the Department of Justice. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and ether procedures for claims whose statewide casts exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. AB 857 Assembly Bill- CHAPTERED page 2 of 3 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1. Section 15560 of the welfare and Institutions code is amended to read: 15660. (a) The Department of Justice shall secure any criminal record of a person to determine whether the person has been convicted within. the .last 10 years of a sex offense against a minor, a violation of Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, theft, robbery, burglary, or any felony, if both of the following conditions are met. (1) An employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. For purposes of this paragraph, "employer" includes, but is not luted to, an in-home supportive services recipient, as defined by Section 12302.2 and any recipient of personal care services under the Medi-Cal program pursuant to Section 14232.95. (2) The person is unlicensed and provides nonmedical domestic or personal care to an aged or disabled adult in the adult's own home. (b) (1) If it is found that the person has been convicted within the last 10 years of a sex offense against a minor, a violation of Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, theft, robbery, burglary, or any felony, the Department of Justice shall notify the employer of that fact. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact. (2) Any employer may deny employment to any person who is the subject of a report under paragraph (2) when the report indicates that the person has coxmrritted any of the crimes identified in paragraph (1) . (3) Nothing in this section shall be construed to require any employer to hire any person who is the subject of a report under paragraph (1) when the report indicates that the person has not committed any of the crimes indicated in paragraph (1) . (c) (1) Fingerprints shall be on a card provided by the department of Justice for the purpose of obtaining a set of fingerprints. The employer shall submit the fingerprints to the department of Justice. Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the employer of the criminal record information, as provided in this subdivision. If no criminal record information has been recorded, the .Department of justice shall provide the employer with a statement of that fact as soon as possible, but not later than 30 calender days of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints, notify the employer that the .fingerprints were illegible. (2) Fingerprints may be taker by any local law enforcement officer or agency for purposes of paragraph (1) . (3) Counties shall notify any recipient of, or applicant for, in-home supportive services or personal care services under the Medi-Cal program, upon his or her application for in-horse supportive services or personal care services or during his or her annual redetermination., or upon the recipient's changing providers, that a criminal record check is available, and that the check can be performed by the Department of Justice. (d) The Department of Justice shall charge a fee to the employer to cover the costs of administering this section. (e) It is the intent of the Legislature that the Department of Justice charge a fee to cover its cost in providing services in accordance with this section to comply with the 30 calendar day requirement for provision to the department of the criminal record information, as contained in subdivision (c) . SEC. 2. Notwithstanding Section 17610 of the Government Code, if AB 857 Assembly Bill -CHAPTERED Page 3 of the Conmission on State mandates determines that this act contains costs mandated by the state, -reimbursement to local agencies and school districts for those casts shall be made pursuant to Part 7 icommencing with Section 17500} of Division 4 of Title 2 of the Government Code. if the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000) , reimbursement shad be made from the State Mandates Claims Fund. Notwithstanding Sectio. 17580 of the Government Cade, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. APPENDIX L RECOMMENDED PUBLIC AUTHORITY STAFF JOB DESCRIPTIONS Centra Costa County March 1999 In-Home Supportive Services (IHSS) Public Authority EXECUTIVE DIRECTOR. (Comparable to Social Service Division Manager) Definition: Lander general direction of the Public Authority Governing Board, provides overall policy and program direction for the Public Authority in cooperation with the Public Authority Advisory Committee-. is responsible for management and administration of the Public Authority, including firing, training and supervising Public Authority staff; acts as liaison to Board of Supervisors, County Administrator and County Departments; provides staff`support to the Public Authority Advisory Committee; represents the Public Authority at the local and state level regarding Public Authority issues;and is responsible for compliance with all relevant County, State and Federal taws, regulations and agreements. D stinguishiny Characteristics: The incumbent has overall responsibility for the policy and program direction, management and administration of the Public Authority; provides coordination/liaison with Board of Supervisors. County-Administrator. Social Service Department, Human Resources Department,County Counsel and Risk Management; provides supervision and administrative direction to Public Authority staff. The incumbent's responsibilities will require regular travel to different locations within the County and occasional travel outside of the County. Management Responsibilities: • Hires and supervises Public Authority staff, and ensures the orientation. training, and development of personnel through regular reviews and evaluations of performance In cooperation with the Public Authority Advisory Committee, develops overall policy goals, objectives and operating procedures for the delivery of services Establishes priorities and develops strategies to achieve program objectives ■ Deterrinines funding needs and options, oversees budget preparation and assures effective monitoring of fiscal performance Serves as principle staff to Public Authority Advisory Committee • Participates in labor negotiations and administration of labor contracts • Analyzes and reports on proposed Federal and State legislation as they affect areas of responsibility • Represents the Public Authority and explains and interprets policies.procedures. legislation and regulations for legislative bodies, beards, commissions and other groups • Represents the Public Authority on the Public Authority Council • Assists with preparation of County/Public Authority Interagency Agreement and monitors Public Authority compliance with requirements of Interagency Agreement • Assists with preparation of Public Authority rate application and documentation materials 1 Minimum Qualifications Education: Possession of a baccalaureate degree from an accredited college or university, with a major in business administration, public administration, human resources management. organizational development or closely related field. Experience: Four years of full-time experience or its equivalent in an upper level management position in a public or private social service agency. Substitution for Experience: Possession of master's degree in business administration,public administration, human resources management, organizational development or closely related field may be substituted for one year of the required experience. Substitution for Education and Academic Maior: Additional qualifying experience may be substituted for the required education up to a maximum of 2 years. One additional year of qualifying experience may be substituted for the required academic major. Knowled e, Skills and Abilities: Knowledge cif: • In-Horne Support Services system in California.and Public Authority and IHSS laws.regulations and funding • Elderly/disability issues • Management data processing applications and computer technology • The theory, principles and practices of governmental financial administration. budgeting, contracts administration, program management and accounting • The principles, practices and techniques of personnel administration, affirmative action, labor relations, counseling, supervision, and training • The principles, methods and procedures of community organization, consultation, and public relations Ability to: • Plan, organize, direct and coordinate the work of a professional staff • Administer, plan, organize and direct comprehensive programs, and administrative service operations • Analyze and evaluate complex program and administrative problems and recommend effective courses of action • Develop short and lung range budget plans that reflect program needs, • Develop and utilize all available resources • Analyze new or proposed Federal and State legislation and evaluate and report on the impact on program operations • Represent the Public Authority for In-Home Support Services with other boards, committees, government and community agencies,departments and officials Ex dir job des 3/06/49 2 Centra Costa County Mare 1999 In-Home Supportive Services (IHSS) Public Authority PROGRAM MANAGER (Comparable to ASA III) Definition: Under supervision of the Executive Director, has responsibility for day-to-day implementation of policies and procedures related to the Public Authority IHSS provider registry, provider/consumer training activities and support services; responsible for office management, personnel transactions, staff support to committees of the Public Authority Advisory Committee, and supervision of technical and clerical personnel. Distinguishing_Characteristics: The incumbent functions as a key administrative assistant to the Executive Director with responsibility for directing the clay-to-day operations of Public Authority services. office management and personnel transactions, supervises staff and serves as staff to committees of the Public Authority Advisory Committee. Guidelines for action and supervision are received from the Executive Director. The incumbent's responsibilities will require travel to different locations throughout the County. Manalernent Responsibilities: • Supervises registry and clerical personnel • Directs day-to-day operations of the provider registry, provider/consumer training activities and support services. office management and personnel transactions • Assists Executive Director with on-going design.development and implementation of Public Authority services • Develops or assists in the development of policies and procedures, operating manuals.workflow charts. narrative and statistical reports • .Prepares and/or maintains statistical,fiscal,payroll and personnel information • Conducts analytical studies of organizational. budgetary,and administrative issues related to the Public Authority • researches and compiles informational materials from sources bout inside and outside the office to which assigned • Collects data and prepares analysis in connection with Public Authority budget,and assists with preparation of annual budget • Initiates specific correspondence independently for signature by Executive Director or other appropriate staff Minimum Qualifications Education: Possession of a baccalaureate degree from an accredited college or university, with a major in business administration. public administration, human resources management or closely related field. Experienced Three years of full-time experience or its equivalent in an administrative or staff capacity performing administrative, budgetary, and personnel or human resources management functions. Substitution for Education. Additional qualifying experience may be substituted for the required education up to a maximum of 2 years. One additional year of qualifying experience may be substituted for the required academic major. Substitution for Experience: Possession of a master's degree in business administration,public administration,human resources management or closely related field may be substituted for one year of the required experience. Knowledge, Skills and Abilities: Knowledge of ■ The principles and practice of personnel administration and supervision The methods and techniques of work organization,simplification and layout Modem office methods, forms and equipment ■ Management data processing applications and computer technology Statistical methods used in administrative and budget analysis ■ The principles and practice of budget analysis, formulation and control The fundamentals of accounting Public Authority and IHSS laws,and regulations Elderly/disability issues Ability to: • Organize, supervise and direct work of subordinate staff • Do program planning and development • Develop and maintain policies and procedures • Reason and recommend solutions to program and administrative problems • Cather and analyze data • To interpret rules and regulations ■ Organize and write reports roa manse job des 3105i94 2 Centra Costa County March 1999 In-Home Supportive Services(IHSS) Public Authority OFFICE MANAGEWSECRETARY (Comparable to Clerk, Senior Level) Definition. Under supervision of the Program Manager, oversees oily office management and operations, including receptionist responsibilities;provides clerical support to Public Authority staff and Public Authority Advisory Committee members and committees; and assists Program Manager with development and review of office policies and procedures. Dison uishin ,Characteristics: The incumbent will perform,varied and complex clerical work of a highly responsible nature under limited supervision. The incumbent's responsibilities include day-to-day office management and operations,including receptionist responsibilities;providing clerical support to Public Authority staff and Public Authority .Advisory Committee members and committees, and assisting the Program Manager with development and review of office policies and procedures. Guidelines for action and supervision are received from the Program Manager. Typical Tasks: = Arranges for meetings, schedules meeting rooms.posts meeting notices, prepares agendas and summarizes meeting results as required = Requisitions, stores and distributes office supplies and keeps a record of supplies needed, received and issued = Receives and screens visitors and telephone calls and tapes messages or refers calls to appropriate person = Provides factual information which may require the interpretation and application of policies and procedures • Opens and sorts in-corning mail and attaches pertinent back-up materials and processes outgoing mail Types drafts and finished documents. including letters. reports and memoranda from stenographic notes. minutes of meetings, brief instructions or printed materials _ Reviews finished materials for completeness. accuracy, format. compliance with policies and procedures.and appropriate language usage = Operates office machines including multi-line telephone. photocopier. fax. calculator and computer = Organizes and maintains various Public Authority records and files, retrieves information from files and purges files as required = Researches and compiles informational materials from sources both inside and outside the office to which assigned _ Prepares or assists in the preparation of narrative and statistical reports = Assists the Program Manager with development and review of office policies and procedures i Minimum Qualifications Ability to accurately type reports. letters and memoranda using a computer. Ability to operate commonly used office machines. Experience: Three years of full-time or its equivalent of increasingly responsible clerical experience. Knowl_edpe.Skills and Abilities: Knowledge of; • Clerical procedures and practices ■ Office management procedures and practices ■ Correct punctuation, spelling, grammar and a good vocabulary • Filing, indexing and crass-referencing methods • Operation of commonly used office machines • Word processing applications and computer technology Ability to: • Accurately add. subtract, multiply and divide including decimals and percentages • Operate commonly used office machines and computer applications ■ Initiate and answer correspondence independently ■ Prepare clear and concise reports.. letters and memoranda • Understand and carry out oral and written instructions • Ability to read, understand and interpret written material ■ Deal effectively, tactfully and courteously with the public and technical and professional personnel • Learn Public Authority and IHSS laws and regulations • Bilingual: Speak and understand both English and Spanish 0flice mansg sec job des 3,06 99 2 Contra Costa Countv \\arch 1999 In-Home Supportive Services (IHSS) Public Authority REGISTRYITRAINING SPECIALIST (Comparable to Administrative Analyst) Definition: Under supervision of the Program Manager,implements policies and procedures related to the Public Authority IHSS provider registry, including registry database management; implements policies and procedures related.to IHSS provider and consumer training and support services; and assists with receptionist and clerical tasks. Distinguishing Characteristics. Incumbents work under close supervision receiving instructions on priority of projects and on the work methods and techniques to be followed in completing work assignments. The incumbent's primary responsibilities include day-to-day operation of the provider registry; provision. coordination and monitoring of provider and consumer training;and provision of provider and consumer support services. The incumbent's primary responsibilities will require regular travel to different locations throughout the County. Tvpical Tasks: • Recruits providers for the registry, assists providers with registry application and intake process, checks provider references and background, conducts provider orientations and monitors provider fallow-up ■ Conducts consumer intakes. generates lists of providers for consumers. refers providers to consumers and conducts consumer follow-up • Manages/maintains computerized provider registry database • Develops consumer and provider training curriculum • Recruits trainees for provider training • Plans, coordinates.conducts and monitors consumer and provider training activities. including provision of training on appropriate techniques of providing personal care, use of adaptive equipment. etc. • Provides consumer and provider support services. including conflict resolution • Regularly travels to different locations throughout the County to provide consumer/provider training and support services • Prepares or assists in the preparation of narrative and statistical reports • Organizes and maintains various Registry and training records and files 1 Minimum Qualifications Education: Possession of a baccalaureate degree from an accredited college or university, with a major in social work. vocational rehabilitation. human resources management. health, physical or occupational therapy or closely related field. Experience: Three years of full-time experience or its equivalent in an administrative or staff capacity performing social work, vocational rehabilitation.human resources management, in-home provider registry, physical or occupational therapy, or health related functions. Substitution for Education: Additional qualifying experience may be substituted for the required education up to a maximum of 2 years. One additional year of qualifying experience may be substituted for the required academic major. Knowledge,Skills and Abilities: Knowledge • Job development, employee recruitment, interviewing, screening, orientations and training techniques and practices • Computer database applications • The home-care industry and home care registries ■ Elderly and disabled home-care needs and issues • Appropriate techniques of providing personal care, use of adaptive equipment. etc. • Conflict resolution techniques Ability to: • Recruit, interview, screen. orient and train and refer Registry providers • Manage/maintain computerized provider registry database • Plan, coordinate, conduct and monitor consumer and provider training and support services activities, including ability to train in appropriate techniques of providing personal care, use of adaptive equipment,etc • To gather and analyze data • Read, understand and interpret written material • Write and organize reports • Assist in program planning and development • Learn Public Authority and IHSS, laws and regulations • Bilingual: Speak and understand both English and Spanish Reg training job ties 31(%/99 2 APPENDIX M AMPLE CONSUMER SATISFACTION SURVEYS CONSUMER ATISFACo 1ION SURVEY Consumer. Today's Date. erson answering survey (if not consumer): Date List Was Sent (last list, if more than. one): 1. I received a list of workers within five working days of my request. QYes ONo (If not, haw many days?) 2. The list of workers I received was easy to understand and contained important information. UYes ONo 3. I was able to find a worker from the list you sent me. UYes Ifyes: At what date did you make the decision to hire a worker? `o (If no, why not?) .Iff no: The reason is because: (a)[Consumer Cause] I decided that I did not want a home care worker. I changed my mind about what kind of worker I wanted and will not need your help. I decided to put the search on held. (b) [Consumer Cause] I found someone on my own or decided to retain my current worker. Did the Public Authority provide information, counseling or assistance in locating a worker on your own or in deciding to retain your current worker? Yes d No 0 lf)vs, was the Public Authority. 0 Not Helpful 0 Helpful 0 Very Helpful C Pst Problems) The workers did not return my calls. The workers said they were not available to work. (d) [Difficult to Match] I was looking for which was hard to match. (For example, 2 hours per week, I hour per day at midnight, short shift in Half Moon Bay with a car.) (e) [Worker Cause) The worker did not appear to the first interview or to the first day of the)ob. (f) [Pending) I am still looking for someone. I am willing to wait for the,perfect person to come along. I am not in a hurry,but I would like someone. The Public Authority staff`were: Q Not helpful Q Helpful 0 Very helpful y. Having a Registry available is: 0 Not important Q Important 0 Very important Leo you have any suggestions on how we can improve our services? Consumer Evaluation OF HOMECARE WORKER To be done 1 months follon ng employ»ntent Worker"s Name: -- --- - - Consumer's Name. Home Phone: Contact Person: Phone: Mart Date: {duality of Work: Excellent Goad_ Fair Parr Dependability: Excellent Good Fair Poor Attitude: Excellent Good Fair Pear__ -_ Cooperation: Excellent Good Fair Poor Honesty; Excellent_ Good Pair Polar Accept Supervision: Excellent Good - - -___ Fair Poor . Initiative: Excellent Good Fair Poor Ability to learn: Excellent Good Fair Poor Is there any reason you can give why this person should not be doing home care Yes/No Remarks: Dame of person completing this evaluation: _ Bate: SW. w:per Pik rasoroz FAN APPENDIX N PERFORMANCE MEASURES USED BY OTHER PUBLIC AUTHORITIES PERFORMANCE MEASURES USED BY OTHER PUBLIC AUTHORITIES 1. 90%of consumers will indicate receiving provider referrals within 5 days of request. 2. 85%of consumers using the Registry will find a provider with Registry assistance. 3. 70%of consumers using the Registry will find a provider within 45 days. 4. 30%of consumers will indicate overall satisfaction with registry services. 5. 80%of Registry matches will last a minimum of 60 days. 6. 90% of consumers will indicate satisfaction with quality of Registry provider job performance. (Survey to be conducted two months following consumer employment of Registry provider). 7. 375 providers will receive a minimum of 2 hours training through the Public Authority during a one year period.. APPENDIX O SAIMPLE PROVIDER SATISFACTION SURVEY Hone Care Provider Satisfaction Survey Qrtestiow to be asked o f p.-oviders 60 days after they fwa called the registry try asking to be fisted Provider: Today's Date: How long did it take the registry's staff to return your first call when you applied ? iii spoke to someone right away,Ua few hours,01 day,U2 days,U3 days,Qa week or more How would you rate these statements? 1. "I was treated with courtesy,respect and fairness by the registry staff." UStrongly agree,[Agree somewhat,UDisagree somewhat,UStrongly disagree 2. "The Public authority staff were helpful." UStrongly agree,UAgree somewhat,Misagree somewhat,UStrongly disagree 3. "Getting listed with the registry was a reasonably simple, straightforward process." UStrongly agree,aAgree somewhat,Misagree somewhat,UStrongly disagree 4. "Having the registry available is helpful and important." UStrongly agree,UAgree somewhat,UDisagree somewhat,UStrongly disagree 5. "The registry helped me to find IHSS work." UStrongly agree,QAgree somewhat,UDisagree somewhat,UStrongly disagree Overall, how would you rate your experiencewith the registry? (Circle one number): 10 9 8 i 6 5 4 3 2 1 (Really great) (Adequate/Fair) (Really bad) Ito you have any suggestions on how we could improve our performance? APPENDIX P RECOMMENDED PUBLIC AUTHORITY BUDGET, .BATE AND RATE NARRATIVE tTEm BUDGET i SEftViCES ADiMifti RATE _! 1 #P Wft"A&Ift,000 Hrs j_ 528A175 � S28 i75�000 i _� M y l�75C0� _ E tr Tmuta+s 606 'i. 52. 77,+189 $2 71,d661 - . :F_xecuh a Director � S71< 1�-_1_..__..____ _ ! _571,000 t ,P ram MarAmr $57,000 ni i 2.5 $105 000 i � i 1115 tXKf Ma $X000 i 5500{? TOW Salse t 1 $268,00C _ t $268,000 i`rt $CA5dy _ a AdrtNn€ vs 6 Tares'd'JS'ti _ 593,$00 i 3 _ #83,800 S0.0191 5 3rti#e�g a(5100_fbrfOqrjtajMnwth) Ad�etetoe�Cammiftaa EzLart ---------------- �__;__.� rrvsftVt1 rriCtr erste i 113900 L1 $3.S # $0.0008 i 7 - - - — .._.__. _ 5600 $900 f - ___ tr IMtsn refrase3rrrentsisuriies(5100 pe+trtrttlt� _ 51 200 -- 2pp; �_-_-$0- _ 1....___. 3C S#ati�6 Adv.Comet.Train#` 52000 52 000 $0.00041 1L38b1 E YYtuicers _oftt�ertsitti+rt ins, - $20 1� 000 _ - --520,Oa0 SO.Q04 µ m • 12 saint c5gsta�39 __ X00 peer seabarext) I �S__10 800 vi -1. 510 9tX i SO 111: �� _ _ 9_ TratnrrsQ s ends 1100 x X251 _ _ -_ S22 500, -� _ $22,500! $0.0046 j j 14 0(�WP$ngj$2.18fL_ .rr 'S CJffq+ tumhuns fs _Five cam em ffi soRware i 520 0Ca0 _ i #7 FAX macmim 6 tttatBt�tK#t!— _S1 000 -_ _s�L _.._520 0813 =tl 11041,__ �. 18 Equipment _ _ _ 3 1 - �II - Si tf003 #0 00021_ _ 1 $6.360L _ $6,384. 9 -. Teieahone;fines&insUliabon - $12,000 t 29 _ 01,100 au lies ___ ___ _ _. $6,725 _ _.__ $e TQC! ;0.00141 - -: 22_ .Pouter rsfxtreftt(advertising}_ _$6SPL L __.---__ _.. _ _. 56. # .- t0.7J013 23 PnnGn -— -- — — 5�' z $0.00W 24 3 _ 2# „Books,Periodicals 5500 i 3500 50,0001! �_ ._ c _ PrnntssisxtalSarv�sat �_ .---_..___• ____-.....-,.___.--__ . i 25 Fi r services , 25 Anruai audit costr3 'Labor Relation Serwk�: 27 ._ $30000! $30.0001 W _ _ _ _ $35,0001 135 W0 10.0_071 29 .Lf Sem__. — $54 OOG! S0.0110 __ 30 ,Sac Sam Dept.Staff wis $0 00TS l _ __3 !tisk Tatar a AM-ent - _ 51 0001 J 51 000 3 :__-fO G003.! 32 -.-K. WrsmTL _ $75001 i y J $7 500 i� WOW 8 i 33_ �Cotts�utat s s _ ieva= tf+rerrt8�i_� Y $9,000 _ S6000 $000t2r_ __ ._ � 5001-f- sombleAcconnodabom $6 w! Se50i3 _ 001 CCCOaUDG,WK4 03mm 02:18 PM CONTRA COSTA COUNTY IHSS PUBLIC AUTHORITY BUDCETfRATE NARRATIVE FISCAL YEAR. 1999—2000 DINE ITEM DESCRIPTION 3. IP Wages: Represents 4.900,000 service hours at$5.75 per hour(minimum wage). Amount: $28,175,004 Portion of rate: $5.7500 2. IP Employer Taxes: Represents 5.052%of total cost of 4,900,000 service hours at$5.35 per hour. Amount: $2.271.459 Portion of rate: $0.4636 3. Administrative Salaries: includes Executive Director. Program Manager. Office Manager/Secretary and 2.5 FTE Registry and Training Specialists. Salaries mirror salaries for comparable County classifications. Amount: $268,040 Portion of rate: $0.€3547 4. Administrative Benefits & Taxes: Includes administrative employee benefit package and employer taxes on administrative salaries. Represents 35%of total cost of administrative salaries. Amount: $93.800 Portion of rate: $4.0191 5. Administrative Travel-Mileage: Includes$125 per month for 4 staff members. ,amount: $6,400 Portion of rate: $4.0012 6. Advisory Committee Expenses-Mileage: Includes average mileage reimbursement of $30 per month for I I Advisory Committee members. Amount: $3,900 Portion of rate: $0.0048 7. Advisory Committee Expenses-Stationery: Amount: $600 Portion of rate: $0.0001 1 8. Advisory Committee Expenses-Meeting refreshments and supplies: Includes $100 per month. Amount: $1,200 Portion of rate: $0.0002 9. Staff and Advisory Committee Travel/Conferences: Allows 4 attendees at conferences; average conference cost$500. Amount: $2,000 Portion of rate: $0.0004 10. Staff and Advisory Committee Training: Includes 4 group Facilitation Training sessions for staff and Advisory Committee. Amount: $2,000 Portion of rate: $0.0004 11. Liability and Workers Compensation Insurance: Amount: $20,000 Portion of rate: $0.0041 12. Provider Training-Training Costs: Includes training 900 providers per year at 36 training sessions with an average attendance of 25 trainees(75 per month), at$300 per session to cover costs, e.g.,trainer, supplies, refreshments. Amount: $10.800 Portion of rate: $0.0022 13. Provider Training-Training Stipends: Allows for a$25 training stipend per session for 900 providers attending training sessions. Amount: $22,500 Portion of rate: $0.0046 14. Office Expenses-Occupancy: Provides 1,000 sq. ft. of office space including utilities and janitorial at$2.35 per sq. ft., per month Amount: $28,200 Portion of rate: $0.0058 15. Office Expenses-Office Furniture: Provides desks, chairs, workstations, files and bookcases for 5.5 staff($10.000); and audio-visual equipment($1,000). Amount: $11,000 Portion of rate: $0.0022 16. Office Expenses-Equipment(new): Provides computer hardware and software for 5 staff at $4,000 each. Amount: $20.000 Portion of rate: $0.0041 2 1 7. Office Expenses-Equipment (new): Includes FAX machine purchase and installation. Amount: $1.000 Portion of rate: $0.0002 18. Office Expenses-Equipment(rental): Includes photocopy rental at $530 per month. Amount: $6,360 Portion of rate: $0.0013 19. Office Expenses-Telephone: Includes 10 telephone line installation ($1.000). and 10 telephones at$50 per month($6.000). Amount: $7,000 Portion of rate: $0.0014 20. Office Expenses-Postage: Includes monthly mailings to 5,000 providers ($900), and $100 per month additional mailing cost. Amount: $12.000 Portion of rate: $0.0024 21. Office Expenses-Office Supplies: Includes initial purchase of stationary. desk supplies. etc. ($3,700); and monthly replenishment of office supplies ($3.025). Amount: $6,725 Portion of rate: $0.0014 22. Office Expenses-Provider Recruitment: Represents costs for advertising for providers in local newspapers. Amount: $6.500 Portion of rate: $0.0013 23. Office Expenses-Printing: Includes 1,000 training manuals per year: other consumer and provider related materials and informational fliers. Amount: $7.000 Portion of rate: $0.0014 24. Office Expenses-Books, Periodicals: Amount: $500 Portion of rate. $0.0001 25. Professional Services.Accounting: Annual accounting costs. Amount: $4.000 Portion of rate: $0.0008 26. Professional Services-Accounting. Annual audit costs. Amount: $00.00 first year Portion of rate: $00.00 first vear 27. Professional Services-Human Resources: IEDA, contracted labor relations activities. Amount: $30,000 Portion of rate: $0.0061 28. Professional Services-Human Resources: Human Resources staff liaison, management of labor relations activities. Amount: $35,000 Portion of rate: $0.0071 29. Professional Services-Legal Services: Provides 500 hours per year at $108 per dour. Amount: $54,000 Portion'of rate: $0.0110 30. Professional Services-Social Service Department: Social Service Department .5 FTE staff liaison. Amount: $36,800 Portion of rate: $0.0475 31, Professional Services-Risk Management: Provides risk analysis of exposure to loss, consultation on insurance coverage and arranging for insurance coverage. Amount: $1,000 Portion of rate: $0.0002 32. Professional Services-IT/Programming Expenses: Provides 100 .hours of computer programming and support services at$75 per hour. Amount: $7,500 Portion of rate: $0.0015 33, Professional Services-Consultants: Provides 100 hours of consultant time at $60 per hour for needs assessment,program evaluation, event planning,etc. Amount: $6,000 Portion of rate: $0.0012 34. Reasonable Accommodations: Provides reasonable accommodations, e.g., sign language interpreters, assistive listening system, adaptive equipment. Amount: $6,500 Portion of rate: $0.0413 4 35. :Miscellaneous Expenses: Amount: $6.500 Portion of rate: S0.0013 Total Hourly Rate: The hourly rate is computed by adding total services costs and total administrative costs and dividing by the number of IHSS hours. $30,446,469 + $724,385 = $31,170,854/(4,900,000) =$6.3614 _ CC CO PA Buda and rate narrative 3106199 5 APPENDIX ORGANIZATIONAL CHANT OF THE PUBLIC AUTHORITY CONTRA COSTA COUNTY IN_I-IOAIE SUPPORTIVE SERVICES PUBLIC AUTHORITY :FINDINGS & RE COMMENDATIONS Pr'eSE',Ile{ C) John Culler, Director Sociai Service.-Department 'ma rch 1999 CONTRA COSTA COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY STAFF POSITIONS,CLASSIFICATIONS AND DUTIES TITLE CLASSIFICATION DUTIES Executive Director Comparable to Social under general supervision,provides overall policy and Service Division program direction for the Public Authority in Manager cooperation with. the Advisory Committee; is responsible for management and administration of the Authority, including hiring, training and supervising subordinate staff; acts as liaison to Board of Supervisors, County Administrator and County Departments; provides staff support to the Advisory Committee; represents the Public Authority at the local and state level regarding Public Authority issues; provides input into labor negotiations; and is responsible for compliance with all relevant County, State and Federal laws,regulations and agreements Program Manager Comparable to Under supervision of Executive Director, has Administrative responsibility for day-to-day implementation of Services Assistant III policies and procedures related to the Public Authority IHSS provider registry, provider/consumer training activities and support services; responsible for office management,personnel transactions,and staff support to committees of the Advisory Committee; assists Executive Director with on-going design,development and implementation of Authority services; and supervises subordinate technical and clerical personnel. Office Comparable to Clem Under supervision of Program :Manager, oversees Manager/Secretary Senior Level daily office management and operations, including receptionist responsibilities; provides clerical support to Authority staff and Advisory Committee members and committees; and assists Program Manager with development and review of office policies and procedures. 1 Registry and Comparable to Under supervision of Program Manager, responsible Training Specialists Administrative for day-to-day operation of the provider registry (2.55 FTE) Analyst including recruitment of providers, provider application and intake, reference checks, provider orientation, provider follow-up, consumer intake, generates provider lists for consumers, referral of providers to consumers and consumer follow-up; provision, coordination and monitoring of provider and consumer training, provision of provider and consumer support services, and overall registry database management. STAFFRPT.Fe&uwy 20,19" 2 APPENDIX R PUBLIC AUTHORITY STAFFING, CLASSIFICATIONS AND DUTIES APPENDIX R Public Authority Staffing, Classifications and Duties not included in the packet. APPENDIX S HOW FUNCTIONAL REQUIREMENT'S WILL BE MET CONTRA COSTA COUNTY Ili-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY FUNCTIONAL REQUIREMENTS REPORT I. Assistance to consumers in finding providers through the establishment of a registry of IP providers; and 2. Investigation of the qualifications and background of potential providers. a.. Recruits a sufficient number of IHSS providers to meet local consumer needs. b. Prior to placing the prospective provider on the Registry,or prier to supplying a name from the Registry to an applicant for,or consumer of,In-Home Supportive Services the Registry: • Requires Registry applicants to indicate, in writing, whether the applicant has ever been convicted of a crime. • Requires proof of identification from all Registry applicants. Proof of identification includes, but is not limited to, positive photograph identification from a government source. ■ Interviews all Registry applicants to review their shills, qualifications and background. • Checks and documents applicant references. C. Maintains all necessary and required records and Registry and statistical information.. 3. Establishment of a referral system under which potential providers are made known to consumers. a. Public Authority staff makes contact with the consumer (or the consumer referral source)within three(3)working days of the initial contact;or on the same day of the contact in an emergency situation. b. Upon request by the consumer and following completion of a consumer intake the Public Authority refers a list of no fewer than three(3)providers to the consumer.To the greatest extent possible providers on the list match the consumer's stated needs regarding the skills and preferences they require in a provider. C. The list of providers is mailed to the consumer such that they receive the list within five (5) working days of their request; or is communicated to the consumer on the same day as the request is an emergency situation. l d. The Public Authority will not knowingly refer a provider whose background or past work performance indicates that they are not appropriate to be working in the consumer's home. e. The Public Authority does not intrude on the consumer's decisions regarding when or if they choose to call a provider on the list. However, the Public Authority encourages the consumer and attempts to address any particular concerns and/or reluctance the consumer may have concerning the hiring process. Upon request the Public Authority assists in facilitating the process of the consumer hiring a provider. f: In accordance with WIC Section 12301.6,the Public Authority honors the consumer's right to select, terminate and direct the work of any IHSS personnel providing services for them. ga Prepares and maintains all Necessary and required consumer referral and statistical information. 4. Provide access to training for providers and consumers. a. Provides worker training through provision of on-the-job training,written materials and periodic training sessions. Public Authority invites all IHSS providers to training sessions. 'Training is voluntary and at no cost to the provider."Twining materials and the curriculum for provider training sessions are developed in conjunction with the Public Authority Advisory Committee. b. Provides consumer training through provision of written materials and upon request through home visits. Public Authority mails written training materials to all consumers using the Registry. Training materials and the home visit component for consumer training are developed in conjunction with the Public Authority Advisory Committee. C. Prepares and maintains all necessary and required provider and consumer training and statistical information. 5. Provides the following additional IHSS delivery related functions. a. Acts as an "employer of record" for IHSS providers. • Meets and confers with recognized provider employee organization regarding wages,benefits and terms and conditions of employment. • Contracts with. recognized IP employee organization for negotiated wages, benefits and terms and conditions of employment. 2 b. Provides additional support services including, but not necessarily limited to: • Assisting the consumer and provider with understanding employer/employe-, rales, rights and responsibilities. • Understanding how to interview and hire providers; • Calling providers and setting up interviews; • Being present at interviews; • Conflict resolution; • Developing provider schedules and tracking of provider's hours; • Understanding payroll, time sheets and share of cost payments, and • Trouble-shooting payroll and share of cost problems. `Cc co functions rpt 2120M 3 APPENDIX T CDSS RATE FORM IN- TOME SUPPORTIVE SERVICES PROGRAM - - - PUBLIC AUTHORI'TYINONPROFIT CONSORTIUM RATE TO: CalWomira Cepar,rrient of Socia€ Services Adult Services Branch 744 P Street, SIS 19-96 Sacramento,CA 95814 Pte address questions regarding this form to€.asa Grech, IHSS Fiscal Analyst, Disability and Adult Programs Division,adult Services Branch at(916)2229-1596. s COUNTY: CONTACT- PA-NAME: ONTACIT-PA-NAME: PHONE: ADDRESS. iA NUMEE P-- Please complete the budget narrative below. The total Public Authority(FSA)and Nonprofit Consortium(NPC) rate should include a rate for services(wages and benefits)and a rate for adminL*Stive Costs. The total rate for waW and berieft should be broken drawn to include an hourly wage, payroll taxes, and benefits. o The state and federal goverrrrnents will not participate in a PA yr NPC rate in excess of 200%of minimum wage. o The state will not participate in an hourly wage in excess of minimum wage unless otherwise provided for in the Annual Budget Act or appropriated by statute. o The state will not participate In increases to wages or employawt taxes, or increases or expansions of benefits negotiated or agreed to by a PA or NPC unless provided for in the Annual Budget Act.or appropriated by statute. o No increase In wages or beneft negotiated or agreed to by a PA or NPC shall take effect until it has been approved by the i W a or unless provided for in the Annual Budget Act or appropriated by statute, BUDGET NARRATIVE PA/NPC dourly Rate: 1 cloudy Administrative Cast: 2 7 Hourly Services Cost: total 3 Hourty Wage: 47= Benefits: 5 Payroll Taxes (FUTA. SUL FICA): 6 ConlrrWts(Optional).. PUBLIC AUTHORITY,NONPROFIT CONSORTIUM 4 BL'I GET Ni AR.R.. INVE 'LINT BY LINE IIv'STRUCTIONS BOX NUNMERS INSTRUCTIONS I Input the hourly rate. (should equal the sum of boxes 2 and 3) 2 Input the hourly administrative cost. 3 Input the hourly services cost. (should equal the surn of bows 4 through 6) 4 Input the hourly wage. c Input the hourly cost for benefits. 6 input the sun of the hourly rate for payroll taxes, APPENDIX U STATEMENT OF FACTS ROSTER OF PUBLIC AGENCIES FILING CC CO final rpt appendicies MO/99 (gray disk) Ali #tutr of arnia t 1avae. N i i s Ottrttarg of ftatr STATEMENT OF FAC'T'S ROSTER OF PUBLIC _AGENCIES FILING � 1� (Government Code Section 53051'; { Instructions: ' 1. Complete and mail to: Secretary of State, P.O. Box 944225, Sacramento, CA 94244-2250(916)324-6773 � ti 2. A street address must be given as the official trailing address or as the address of the presiding officer. (c�€iee Use Only) , 3. Complete addresses are required. _ 4...If.vou need additional space, please include information on an i S'�i X 11 page. New Filing Update i 4 Legal name of Public Agency: Nature of Update: 1i County. i Official Mailing Address: g Dame and Address of each member of the govt-rning board: Chairman, President or other Presiding Officer(Indicate Title): ° Name: `. Address: a P Secretary or Clerk (Indicate Title)- Name. Address: # �vterz Name. Address: Name- Address: � Name: Address: !� Address:j :'lame: i Name. Address. 6 Date: Bv: - 1 Signature ; E t r Ty Name and Title ! r� Sec/Sj***form LP/53405 R",d/89 By s3 o