CA AB 1005

Title: In-home supportive services: terminal illness diagnosis.
Author: David Alvarez

Summary
AB 1005, as amended, Alvarez. In-home supportive services: terminal illness diagnosis. Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes.As a condition of receiving services under the IHSS program, existing law requires an applicant or recipient to obtain a certification from a licensed health care professional declaring that the applicant or recipient is unable to perform some activities of daily living independently, and that without services to assist the applicant or recipient with activities of daily living, the applicant or recipient is at risk of placement in out-of-home care. Existing law requires that the certification be received prior to service authorization, except under certain circumstances. Existing law requires the department to develop a standard certification form, as specified, and to identify alternative documentation, including, but not limited to, hospital or nursing facility discharge plans, containing the required information.Existing law sets forth various provisions relating to end-of-life care. When a health care provider makes a diagnosis that a patient has a terminal illness, existing law generally requires the health care provider, upon request, to provide the patient or another person authorized to make health care decisions with comprehensive information and counseling regarding legal end-of-life care options.This bill would, before the discharge from an acute care hospital of a Medi-Cal beneficiary, require the hospital’s designated case manager or discharge planner to evaluate the patient’s need for posthospital services and ability to access those services. This bill would require the hospital’s case manager or discharge planner to ask the patient or authorized person if they are interested in receiving information about the IHSS program if that patient is anticipated to need in-home personal care. If interest is expressed, the bill would require the hospital’s case manager or discharge planner to provide to the patient or authorized person the information, including how to initiate the application process and the option for a family member to provide care as an IHSS provider subject to the IHSS provider enrollment conditions.If the patient seeks to apply for services under the IHSS program, the bill would require the hospital case manager or discharge planner to communicate to the patient’s primary care physician the patient’s interest in applying for IHSS services to support the timely completion of the health care certification form.Existing law sets forth various conditions on the number of hours of service authorized for an IHSS provider, with a modified number based on exemptions for a provider who is related to the recipients whom the provider serves, as specified.Existing law requires the county welfare department to assess each IHSS recipient’s continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months, with exceptions. Under existing law, the results of this assessment of monthly need for IHSS hours are divided by 4.33, to establish a recipient’s weekly authorized number of IHSS hours, as specified.Under this bill, if a patient diagnosed with a terminal illness seeks to apply for services under the IHSS program, and receives a health care certification form that is completed by a health care provider, the patient would be authorized to request to have the application expedited by the county. This bill would require counties, to the extent feasible, to consider expediting applications of patients who have been diagnosed with a terminal illness and who have requested their application be expedited. By creating additional duties for county officials, the bill would impose a state-manda

Status
In committee: Held under submission.

Bill Documents
CA AB 1005 - 06/21/23 - Amended Senate
06/21/23 - CA AB 1005 (06/21/23 - Amended Senate)