Bill_Analysis_AB 925 by ashrafp



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                     THIRD READING

    Bill No: AB 925
    Author: Aroner (D), et al
    Amended: 8/26/02 in Senate
    Vote: 21

    AYES: Ortiz, Chesbro, Escutia, Figueroa, Kuehl, Romero,
     Vasconcellos, Vincent
    NOES: Battin

    AYES: Alpert, Bowen, Burton, Escutia, Karnette, Murray,
     Perata, Speier
    NOES: Battin, Johannessen, Johnson, Poochigian

    ASSEMBLY FLOOR : 52-24, 6/6/01 - See last page for vote

    SUBJECT :          Employment of persons with disabilities

    SOURCE :           World Institute on Disability

     DIGEST : The Senate amendments of 8/19/02 reinstate the
    previous version of this bill prior to the June 29
    amendments making the bill a budget trailer bill relating
to Medi-Cal.

The bill revises and expands programs to assist persons
with disabilities to become employed.

Senate floor amendments of 8/26/02:


                                  AB 925

1. Revises the legislative intent and findings language.

2. Modifies the IHSS state/county and Title XIX programs to
  permit IHSS personal care services to be provided to an
  IHSS recipient in the workplace, as long as the total
  number of IHSS-approved hours does not exceed what would
  otherwise be provided to the recipient and the hours do
  not supplant what would otherwise be available to the
  recipient as a reasonable accommodation under the
  Americans with Disabilities Act. Also, defines personal
  care services that can be offered in the workplace.

3. Directs the Governor to authorize the secretaries of the
  Health and Human Services Agency and the Labor and
  Workforce Agency to make available the expertise of
  their state employees and programs to support
  employment-related needs of persons with disabilities,
  within existing resources.

4. Changes certain references in the bill from the
  Secretary of Health and Human Services to the new
  Secretary of the Labor and Workforce Agency.

5. Codifies authority for the existing "California
  Governor's Committee for Employment of Disabled Persons"
  and renames the committee the "California Governor's
  Committee on Employment of People with Disabilities".
  Also, transfers to the committee responsibilities
  previously assigned in the bill to the Workforce
    Inclusion Council and revises provisions on the
    appointments to the Committee.

6. Adds requirements that the Governor's Committee have
  open meetings quarterly, consult with the two agency
  secretaries specified above, and meet quarterly with the
  California Health Incentive Improvement Project.

7. Provides that the Employment Development Department
  shall provide staff support to the committee using
  existing funding.

8. Requires DHS to report to the Governor and the
  Legislature on information it gathers, through the
  California Health Incentive Improvement Project or any

                                    AB 925

    private sources, on ways to increase participation in
    the existing Working Disabled Program.

ANALYSIS :         Existing law:

1. Establishes the California Working Disabled program that
  allows working persons with a net countable income that
  does not exceed 250 percent of the federal poverty level
  to be eligible for Medi-Cal, subject to the payment of
  premiums on a sliding fee scale basis, if the individual
  meets specified requirements.

2. Establishes the In-Home Supportive Services (IHSS)
  program to provide personal care services and domestic
  assistance to eligible aged, blind, and disabled
  individuals who would otherwise be unable to remain
  safely at home, and funds approximately 60 percent of
  the IHSS caseload through the federal Medicaid personal
  care option.
This bill:

1. Requires the Governor to authorize the secretary of the
  Labor and Workforce Development Agency, in collaboration
  with the secretary of the California Health and Human
  Services Agency, to make available the expertise of
  state employees and programs to support the
  employment-related needs of individuals with
  disabilities. Using existing resources, requires the
  agencies to develop a sustainable, comprehensive
  strategy to do all of the following: (a) bring adults
  with disabilities into gainful employment at a rate that
  is as close as possible to that of the general
  population; (b) support the goals of equality of
  opportunity, full participation, independent living, and
  economic self-sufficiency; (c) ensure that state
  government is a model employer of individuals with
  disabilities; and (d) support state coordination with,
  and participation in, benefits planning training and
  information dissemination projects supported by private
  foundations and federal grants.

2. Requires the Labor and Workforce Development Agency to
  monitor and enforce implementation of specified

                                  AB 925

    provisions of the federal Workforce Investment Act (WIA)
    of 1998 relating to nondiscrimination, and requires each
    local work force investment board choosing to
    participate to report to the agency on the following:
    (a) by July 1, 2002, on steps taken to ensure compliance
    with certain provisions of WIA as applied to persons
    with disabilities; and, (b) by October 31, 2002, on its
    readiness to meet the eligibility standards to serve as
    an employment network under the federal Ticket to Work
    and Self-Sufficiency program.
3. Requires the Governor to rename and establish, in the
  Labor and Workforce Development Agency, the existing
  California Governor's Committee on Employment of
  Disabled Persons as the "California Governor's Committee
  on Employment of People with Disabilities" or "CGCEPD",
  and requires specified appointments to the committee.

4. Requires the California Governor's Committee on
  Employment of People with Disabilities, to the extent
  funds are made available, to make grants available to
  counties and to local workforce investment boards (LWIs)
  to accomplish, through collaborative public and private
  organizations, the development of local strategies for
  enhancing employment opportunities for individuals with
  disabilities and the funding of comprehensive benefits
  planning and outreach programs, to assist individuals
  with disabilities in removing barriers to work.

5. Requires each LWI board choosing to implement
  Ticket-to-Work to establish at least one comprehensive
  one-stop career center in each LWI area to ensure
  universal access to services, including services for
  persons with disabilities, as specified.

6. Requires LWI boards to schedule and conduct regular
  performance reviews of their one-stop centers, as
  specified, and requires one-stop counselor staff to
  provide accurate information regarding Supplemental
  Security Income (SSI), Social Security Disability
  Insurance (SSDI) and Medi-Cal, as specified.

7. Requires the Governor, in order to ensure that one-stop
  career centers meet the needs of workers and employers

                                  AB 925

    with disabilities, to ensure that federally mandated
    evaluations, conducted as part of the WIA, address how
 local one-stop centers provide specified services for
 persons with disabilities.

8. Requires the California WIB to report to the Governor
  and the Legislature by September 30, 2004, on the status
  of one-stop services to individuals with disabilities
  and implementation of the federal Ticket-to-Work program
  in California.

9. Requires the California WIB and LWI boards, if permitted
  by federal law, to include persons with disabilities or
  their representatives, with a particular effort to
  include such persons who are not employees of state or
  local government.

10.Expands the coverage of Medi-Cal personal care services
  to include services provided while the beneficiary is
  engaged in employment or educational or vocational
  training services so that, subject to federal approval,
  personal care services in these situations would be
  covered to the same extent that they would be covered in
  the home.

11.Requires DHS to apply for a federal grant to develop
  state infrastructure in support of working individuals
  with disabilities, to the extent that the DHS determines
  the state has an opportunity to apply for and receive a

FISCAL EFFECT :        Appropriation: No Fiscal Com.: Yes
Local: Yes


SUPPORT : (Verified 8/26/02)

Prior version

World Institute on Disability (source)
Access to Specialty Care Coalition
Association of Regional Center Agencies
California Association of Mental Health Patients' Rights
                               AB 925

California Conference Board of the Amalgamated Transit
California Conference of Machinists
California Council of the Blind
California Disability Alliance
California for Disability Rights, Inc.
California HIV Advocacy Coalition (Southern California
California Labor Federation
California Psychiatric Association
California Rehabilitation Association
California Work Group on Work Incentives and Health Care
Californians for Disability Rights
Californians for Inclusive Schools
Center for Independent Living
Central Coast Center for Independent Living
Community Resources for Independence
Dayle McIntosh Center for the Disabled
Developmental Disabilities Board Area 5
Developmental Disabilities Council of Contra Costa County
Diabetes Coalition of California
Disabled in State Service
DRAIL, Modesto Independent Living Center
East Bay Community Law Center
Engineers and Scientists of California
Hotel Employees, Restaurant Employees International Union
IHSS Recipients and Providers Sharing
Independent Living Resource Center, San Francisco
Lavender Youth Recreation and Information Center
NAMI California
Orange County Deaf Advocacy Center
Positive Resource Center, San Francisco
Protection and Advocacy, Inc.
Region 8 States Council of the United Food and Commercial
Renaissance Entrepreneurship Center
Resources for Independent Living
San Francisco AIDS Foundation
The Hawkins Center
Western Law Center for Disability Rights
11 individuals

OPPOSITION :       (Verified 8/26/02)

                                AB 925

Prior version

Department of Finance

 ARGUMENTS IN SUPPORT : According to the author, this bill
is designed to remove barriers to employment and
independence for Californians with disabilities. The
author states that this bill will provide integrated health
care and employment support to adults who are on the SSI
and SSDI programs. The author points out that workers with
disabilities are twice as likely to be in part-time or
temporary employment, where private health coverage is
generally less available. In addition, California has one
of the lowest rates of SSI recipients with earned income:
only 5.6 percent of California's working age SSI recipients
have earned income, which is on a statistical par with
Georgia, North Carolina, and South Carolina. The author
also points out that California has done a relatively poor
job of education and outreach related to the existing
California Working Disabled Medi-Cal program, so that far
fewer persons have signed up for the program than are
estimated to be eligible.

According to the author, this bill is primarily in response
to the federal Ticket-to-Work and Work Incentives
Improvement Act of 1999, which encouraged states to adopt
new options to allow individuals with disabilities to
maintain employment, stimulate choice in employment
services, and upgrade the way beneficiaries receive
information on federal work incentive programs. The
Ticket-to-Work Act also offers states grant money to
develop Medi-Cal buy-in programs for workers with
disabilities (minimum of $500,000 for a 10-year grant
cycle), but to be eligible a state's Medicaid personal care
services program must be made available outside of the
home, as proposed in this bill.

 ARGUMENTS IN OPPOSITION :               Unavailable on 8/26/02.

AYES: Alquist, Aroner, Bates, Calderon, Canciamilla,
 Cardenas, Cardoza, Cedillo, Chan, Chavez, Chu, Cohn,
 Corbett, Correa, Diaz, Dutra, Firebaugh, Florez, Frommer,

                                   AB 925

 Goldberg, Havice, Horton, Jackson, Keeley, Kehoe, Koretz,
 Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews,
 Migden, Nakano, Nation, Negrete McLeod, Oropeza, Papan,
 Pavley, Pescetti, Salinas, Shelley, Simitian, Steinberg,
 Strom-Martin, Thomson, Vargas, Wayne, Wesson, Wiggins,
 Wright, Hertzberg
NOES: Aanestad, Ashburn, Bogh, Briggs, Bill Campbell, John
 Campbell, Cogdill, Cox, Daucher, Dickerson, Harman,
 Hollingsworth, Kelley, La Suer, Leach, Leonard, Leslie,
 Robert Pacheco, Rod Pacheco, Richman, Runner, Strickland,
 Wyland, Wyman

CP:sl 8/26/02 Senate Floor Analyses


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