HomeMy WebLinkAboutMINUTES - 04032007 - C.58 s'
TO: BOARD OF SUPERVISORS E SE L _K.. Contra
FROM: JOHN CULLEN, of s- Costa
County Administrator x k�
Sp'q.COUIz"�
v~ County
DATE: April 3, 2007
SUBJECT: POSITION ON SB 782 (Cogdill)— In-Home Supportive Services
Program: State Freeze on Participation in Provider Wage and
Benefit Increases
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
OPPOSE Senate Bill 782 (Cogdill), a bill that would freeze State participation in In-Home Supportive
Services provider wage and benefit increases, as recommended by John Cottrell, Executive Director
of the IHSS Public Authority, and Joe Valentine, Director of the Employment and Human Services
Department.
FISCAL IMPACT:
Potential future County general fund cost. The State would not participate in funding future costs
increases. Fifty percent of any increased cost would be a County general fund obligation.
BACKGROUND:
The County's 2007 State Legislative Platform includes the following policy position: OPPOSE any
efforts to increase the County's share-of-cost, maintenance-of-effort requirements or other financing
responsibility for state mandated programs absent new revenues sufficient to meet current and future
program needs. (General Revenue/Finance Issues) The recommended position on SB 782 is
consistent with this Board-adopted policy.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S): �
ACTION OF BOA D N OWc I C) D APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
X UNANIMOUS(ABSENT p�f(�,�� ) THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES: 'NOES:
ABSENT: ABSTAIN:
Contact:
Cc:
L. DeLaney 5-1097 O O�'
ATTESTED
S. Hoffman,CAO's Office JOHN CULL LER OF THE BOARD OFSUPERVISORS
J.Valentine,EHSD
J.Cottrell,Public Authority _
C.Christian,via CAO's Office BY: DEPUTY
SB 782—IHSS State Freeze., p.2
April 3, 2007
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program,
under which qualified aged, blind, and disabled persons are provided with services in order to permit
them to remain in their own homes and avoid institutionalization.
Services can be provided under the IHSS program either through the employment of individual
providers, a contract between the county and an entity for the provision of services, the creation by
the county of a public authority, or a contract between the county and a nonprofit consortium. In
Contra Costa County services'are provided through employment of individual providers, selected and
hired by the recipient of the services. The Contra Costa County IHSS Public Authority acts as the
employer of record for collective bargaining on behalf of the individual providers. A memorandum of
understanding between the IHSS Public Authority and United Healthcare Workers West outlines the
conditions of employment. This agreement is due to expire September 30, 2007.
Existing law provides that when any increase in provider wages or benefits is negotiated or agreed to
by a public authority or nonprofit consortium, the county shall use county-only funds for the state and
county share of any increase in the program, unless otherwise provided in the Budget Act or
appropriated by statute. Existing law establishes a formula with regard to provider wages or benefits
increases negotiated or agreed to by a public authority or nonprofit consortium, and specifies the
percentages required to be paid by the state and counties, beginning with the 2000-01 fiscal year,
with regard to the nonfederal share of any increases.
According to Legislative Council, this bill would eliminate the formula for state participation in
provider wage and benefit increases. The bill would, instead, require, for the remainder of the
2006-07 fiscal year and any fiscal year thereafter, that the state participate in payment of the
nonfederal share, as specified, in a total of wages and individual health benefits up to the level of
wages and benefits approved for each countv on or before the effective date of the bill The bill would
allow for increases in state participation, as necessary to accommodate increases in the state
minimum wage, or upon appropriation of funds in the Budget Act or other subsequent legislation for
this purpose.
This bill would declare that it is to take effect immediately as an urgency statute.
SENATE BILL No. 782
Introduced by Senator Cogdill
February 23, 2007
An act to amend Section 12306.1 of the Welfare and Institutions
Code,relating to in-home supportive services,and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 782, as introduced, Cogdill. In-Home Supportive Services
program: provider wage and benefit increases.
Existing law provides for the county-administered In-Home
Supportive Services(IHSS)program,under which qualified aged,blind,
and disabled persons are provided with services in order to permit them
to remain in their own homes'and avoid institutionalization.
Existing law permits services to be provided under the IHSS program
either through the employment of individual providers, a contract
between the county and an entity for the provision of services, the
creation by the county of a public authority, or a contract between the
county and a nonprofit consortium.
Existing law provides that.when any increase in provider wages or
benefits is negotiated or agreed to by a public authority or nonprofit
consortium, the county shall'use county-only funds for the state and
county share of any increase in the program, unless otherwise provided
in the Budget Act or appropriated by statute.
Existing law establishes a formula with regard to provider wages or
benefits increases negotiated or agreed to by a public authority or
nonprofit consortium,and specifies the percentages required to be paid
by the state and counties,beginning with the 2000-01 fiscal year,with
regard to the nonfederal share of any increases.
99
SB 782 —2—
This
2—This bill would eliminate the formula for state participation in provider
wage and benefit increases. The bill would, instead, require, for the
remainder of the 2006-07 fiscal year and any fiscal year thereafter,that
the state participate in payment of the nonfederal share, as specified,
in a total of wages and individual health benefits up to the level of wages
and benefits approved for each county on or before the effective date
of the bill. The bill would allow for increases in state participation, as
necessary to accommodate increases in the state minimum wage, or
upon appropriation of funds,in the Budget Act or other subsequent
legislation for this purpose.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 1/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows;
1 SECTION 1. Section 12306.1 of the Welfare and Institutions
2 Code is amended to read:
3 12306.1. (a) When any increase in provider wages or benefits
4 is negotiated or agreed to by a public authority or nonprofit
5 consortium under Section 12301.6, then the county shall use
6 county-only funds to fund the
7 nonfederal share, including employment taxes, of any increase in
8 the cost of the program,
9Budget Aet or appropriated by . No increase in wages or
10 benefits negotiated or agreed to pursuant to this section shall take
11 effect unless and until,prior to its implementation,the department
12 has obtained the approval of the State Department of Health
13 Services for the increase pursuant to a determination that it is
14 consistent with federal law and to ensure federal financial
15 participation for the services under Title XIX of the federal Social
16 Security Act, and unless and until all of the following conditions
17 have been met:
18 (1) Each county has provided the department with
19 documentation of the approval of the county board of supervisors
20 of the proposed public authority of nonprofit consortium rate,
21 including wages and related expenditures.The documentation shall
22 be received by the department before the department and the State
23 Department of Health Services may approve the increase.
99
-3— SB 782
1 (2) Each county has met department guidelines and regulatory
2 requirements as a condition of receiving state participation in the
3 rate.
4 (b) Any rate approved pursuant to subdivision (a) shall take
5 effect commencing on the first day of the month subsequent to the
6 month in which final approval is received from the department.
7 The department may grant approval on a conditional basis,subject
8 to the availability of funding.
9 (c) The state shall pay 65 percent,and each county shall pay 35
10 percent, of the nonfederal share of wage and benefit inereases
11 wages and benefits negotiated by a public authority or nonprofit
12 consortium pursuant to Section 12301.6 and associated employment
13 taxes, in accordance with subdivisions (d) ,
14 and(e).
15 (d) (1) The state shall paftieipate as provided itt subdivision(e)
16 �o seven dollafs and fifty eents ($7.50) per hour and
17
18 pttblie atithority or nonprofit eonsortium providers.This paragraph
19 shall be operative for the 2000 01 fiseal year and eaeb yea.r
20 thereafter unless athefwise provided in paragraphs (2), (3), (4),
21and , and without fegafd to when the wage and benefit iftefease
22 beeemes effe t
23 (2) The state shall paftieipate as provided in subdivision (e) in
24 a total of wages and individual health benefits up to nitte dollarg
25 , '
26 dollars a ' --� 1($7.50)pet:hout Gotinties shall detefmitte-,
27
28 ,what poftion ofthe nine dollars
29 and ten eents($9.10)per hour shall be used to ftmd w - i
30 above seven dollars and fi.fty eents ($7.50) pef hottr of individual
31 , both.This paragraph shall be opefative
32
33 otherwise provided in paragiraphs (3), (4), and(5).
34 (3) The state shall paAieipate as pmvided in subdivisiott (e) itt
35 a total of wages and individual health benefits tip to ten dollar,s
36 , if wages have reaehed at least
37 seven dollars and fifty eents ($7.50) per hour Counties shall
38 determine,
39 for in subdivision (e) of Seetion 12301 .on of the te
40
99
SB 782 —4-
1
4-1
2 individttal health benefit inereases, or both. This paragraph shall
3 be operative with the next state fiseal year for whieh
4 , exeludiftg
5 , the most ettfrent estimate
6 of revenue, exeluding tfansfers,
7 .
8 (4) The state shall partieipate as pfovided in subdivision (e) ifl.
9 a total of wages and individual health beftefits ttp to eleven dollars
10 , if wages have reaehed at least
11 seven dollars and fifty eetits ($7.50) per hottf- Gottnties shall
12 detennine,
13 ,what poftiott ofthe eleven
14 dollars and ten eents ($11.10)per hour shall be used to ftmd wage
15 , or both. This paragfVh
16 shall be operative eommeneing with the next state fiseal year for
17 ,
18 exeluding transfers,exeeeds by at least 5 pereent,the most eutTent.
19 estimate of fevetittes, exeluding transfers, fof the year in whieh
20 .
21 (5) The state shall partieipate as pfovided itt subdivision (e) in
22 a total eost of wages and individual health benefits tip to twelve
23 if wages have reaehed-at
24 least seven dollars and fifty eettts ($7.50)pef hour Gotinties shaI4
25 detefmine,
26 , "I.M. floftion of the
27
28
29 of individual health benefit inefeases,o. 'afttgfaph Shall
30 be opefative with the next state fiseal year for whieh
31 the May Revision fof —at of Gmefal Fund fevetitte, exelttd�ng
32 transfefs, exeeeds by at least 5 pefeent, the most ettiTent estimate
33 , for the year in whieh paragraph
34 .
35 (e) (1) Gn or befofe May 14 immediately priof to the fiseal
36 year for whieh state partieipation is provided under paragraphs(2)
37 , ' ,
38 eeftify to the Govemof-, the appropriate eomfnittees of the
39 Legislature, and the depaftment that the eandition for eaeb
40 subdivision to beeeme operative has been met.
99
-5— SB 782
1 , the
2 , that is used
3 for the relevant fiseal year shall be ealettlated in a marAtef that is
4 eonsistent with the definition of Gefteral Fund revettues,exeluding
5 tfaftsfers, that was used by the Depaftment of Fiftanee in the
6 2000 01 Goventor's
7 .
8 (9 Any ifterease ift ovemll state paftieipatioft in wage and benefit.
9 ,
10 shall be limited to a wage and benefit inefease of one dollar($1)
11
12 ehanges in speeifie wages and health benefits negotiated through
13 the eolleetive bargaining proeess, the state shall partieipate in the,
14 , up to the maximufn level.s
15 , of subdivision
16 (d}:
17 (d) For the remainder of the 2006-07 fiscal year and any fiscal
18 year thereafter, the state shall participate as provided in
19 subdivision (c) in a total of wages and individual health benefits
20 up to the level of wages and benefits approved by the department
21 and the State Department of Health Services for each county on
22 or before the effective date of the act that adds this subdivision.
23 (e) (1) The level of state participation provided for in
24 subdivision (d) may increase as necessary to accommodate wage
25 increases that are solely due to increases in the statutory state
26 minimum wage.
27 (2) The level of state participation provided for in subdivision
28 (d) may also increase and remain at a higher level if funds are
29 specifically appropriated for this purpose in the Budget Act or
30 other subsequent legislation.
31 SEC. 2. This act is an urgency statute necessary for the
32 immediate preservation of the public peace,health,or safety within
33 the meaning of Article IV of the Constitution and shall go into
34 immediate effect. The facts constituting the necessity are:
35 In order to make the statutory changes necessary to implement
36 the Budget Act of 2007 at the earliest possible time,it is necessary
37 for this act to take effect immediately.
O
99