SB 1036 Summary

• Establishes the California In-Home Supportive Services Authority (Statewide Authority) as a joint powers authority to serve as the employer of record for collective bargaining purposes with individual IHSS providers, effective upon county implementation beginning March 1, 2013.

• Creates the In-Home Supportive Services Employer-Employee Relations Act (Title 23, Government Code §110000 et seq.) establishing procedures for meet-and-confer negotiations, mediation, factfinding, and dispute resolution between the Statewide Authority and recognized employee organizations representing IHSS providers.

• Implements County IHSS Maintenance of Effort (MOE) requirements beginning July 1, 2012, whereby counties pay a fixed MOE amount adjusted annually by 3.5 percent inflation (or zero if realignment revenues decline) instead of the traditional nonfederal cost share.

• Authorizes managed care health plans, beginning March 1, 2013, to assume authority to contract with qualified agencies for IHSS services provision and requires plans to maintain individual provider mode as a beneficiary choice, with all provider wage and benefit obligations negotiated through the Statewide Authority.

• Requires development of a universal assessment tool for home- and community-based services by June 1, 2013, with pilot testing in 2-4 counties beginning January 1, 2015, and establishes sunset date of July 1, 2017 for assessment provisions.