§ 12301.24. — 12301.24. (Repealed (in Sec. 59) and amended (as amended by Stats. 2021, Ch. 615, Sec. 438) by Stats. 2022, Ch. 50, Sec. 60.)

California § 12301.24.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 3.: PART 3. AID AND MEDICAL ASSISTANCE
• Ch. 3.: CHAPTER 3. State Supplementary Program for Aged, Blind and Disabled
• Art. 7.: ARTICLE 7. In-Home Supportive Services

Text

(a)
All prospective providers shall complete an in-person provider orientation at the time of enrollment, as developed by the department, in consultation with counties, which shall include, but is not limited to, all of the following:
(1)
The requirements to be an eligible IHSS provider.
(2)
A description of the IHSS program.
(3)
The rules, regulations, and provider-related processes and procedures, including timesheets.
(4)
The consequences of committing fraud in the IHSS program.
(5)
The Medi-Cal toll-free telephone fraud hotline and internet website for reporting suspected fraud or abuse in the provision or receipt of supportive services.
(6)
The applicable federal and state requirements regarding minimum wage and overtime pay, including paid travel time and wait time, and the requirements of Section 12300.4.
(b)
In order to complete provider enrollment, at the conclusion of the provider orientation, all applicants shall sign a statement specifying that the
provider agrees to all of the following:
(1)
The prospective provider will provide to a recipient the authorized services.
(2)
The prospective provider has received a demonstration of, and understands, timesheet requirements, including content, signature, and fingerprinting, when implemented.
(3)
The prospective provider shall cooperate with state or county staff to provide any information necessary for assessment or evaluation of a case.
(4)
The prospective provider understands and agrees to program expectations and is aware of the measures that the state or county may take to enforce program integrity.
(5)
The prospective provider has attended the provider orientation and understands
that failure to comply with program rules and requirements may result in the provider being terminated from providing services through the IHSS program.
(c)
The county shall indefinitely retain this statement in the provider’s file. Refusal of the provider to sign the statement described in subdivision (b) shall result in the provider being ineligible to receive payment for the provision of services and participate as a provider in the IHSS program.
(d)
All of the following shall apply to the provider orientation described in subdivision (a):
(1)
(A)
The orientation shall be an onsite orientation that all prospective providers shall attend in person.
(B)
(i)
If the state or local public health agency issues an order limiting the size of gatherings, a county may hold a series of smaller in-person orientations that meet the same criteria specified in this section. A county is not required to hold an
orientation in which prospective providers attend in person if the state or local health agency issues an order that prevents the in-person orientation from occurring.
(ii)
If an orientation is not required to be held in person pursuant to clause (i), the county shall hold an orientation that is in person within 30 calendar days of the date that the public health order restrictions are lifted. Counties or IHSS public authorities may provide a written attestation to the recognized employee organization if public health conditions cause staffing or facility challenges that cause delays, and such an attestation will result in a one-time extension of 15 calendar days for the return to in-person orientations.
(C)
The requirement for the orientation to be held in person and
prospective providers to attend the orientation in person shall not apply if parties to a collective bargaining agreement expressly agree to waive that requirement and have a negotiated alternative method for the provision of the orientation.
(2)
Prospective providers may attend the onsite orientation only after completing the application for the IHSS provider enrollment process described in subdivision (a) of Section 12305.81.
(3)
Any oral presentation and written materials presented at the orientation shall be translated into all IHSS threshold languages in the county.
(4)
(A)
Representatives of the recognized employee organization in the county shall be permitted to make a presentation of up to 30 minutes at the beginning of the orientation. Prior to implementing the
orientation requirements set forth in this subdivision, counties shall provide at least the level of access to, and the ability to make presentations at, provider orientations that they allowed the recognized employee organization in the county as of September 1, 2014. Counties shall not discourage prospective providers from attending, participating, or listening to the orientation presentation of the recognized employee organization. Prospective providers may, by their own accord, choose not to participate in the recognized employee organization presentation.
(B)
Prior to scheduling a provider orientation, the county shall provide the recognized employee organization in the county with not less than 10 days advance notice of the planned date, time, and location of the orientation. If, within 3 business days of receiving that notice, the recognized employee organization notifies the county of its unavailability for the planned orientation, the
county shall make reasonable efforts to schedule the orientation so the recognized employee organization can attend, so long as rescheduling the orientation does not delay provider enrollment by more than 10 business days. The requirement to make reasonable efforts to reschedule may be waived, as necessary, due to a natural disaster or other declared state of emergency, or by mutual agreement between the county and the recognized employee organization.
(C)
Prior to the orientation, the recognized employee organization shall be provided with the information described in subdivision (b) of Section 7926.300 of the Government Code for prospective providers.
(e)
To the extent that the orientation is modified from an onsite and in-person orientation, as required by paragraph (1) of subdivision (d), the recognized employee organization in the county shall be provided with the same right to make a presentation, the same advance notice of scheduling, and the same information regarding the applicants, providers, or prospective providers who will attend the orientation, as the organization would receive for an onsite orientation.
(f)
A claim may be brought before the Public Employment Relations Board for an alleged violation of Section 3550 of the Government Code if the county has not complied with the requirements
of this section within 30 days of being notified by the recognized employee organization.
(g)
This section shall become operative on January 1, 2023.

Legislative History

Repealed (in Sec. 59) and amended (as amended by Stats. 2021, Ch. 615, Sec. 438) by Stats. 2022, Ch. 50, Sec. 60. (SB 187) Effective June 30, 2022. Operative January 1, 2023, by its own provisions.