SENIOR SENATE PROPOSAL NO. 16

INTRODUCED BY SENIOR SENATOR WILLIAM YOUNG

(COAUTHORS: SENIOR ASSEMBLY MEMBER LOLA YOUNG)

LEGISLATIVE COUNSEL'S DIGEST

SP 16: IN-HOME SUPPORTIVE SERVICES: EXPANDED SERVICES.

UNDER EXISTING LAW, CERTAIN PERSONAL CARE AND IN-HOME SUPPORTIVE SERVICES MAY BE PROVIDED TO ELIGIBLE PERSONS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DEFINE IN‑HOME SUPPORTIVE SERVICES TO INCLUDE SUPPORT SERVICES LINKED TO THE QUALIFIED RECIPIENT, AT THE DISCRETION OF HIS OR HER PROVIDER, WHILE PARTICIPATING IN VOLUNTEER, SOCIAL, OR OTHER COMMUNITY ACTIVITIES, AS HE OR SHE IS ABLE WITHIN THE EXISTING ASSIGNED HOURS.

VOTE: MAJORITY.

SP 16: RELATING TO IN-HOME SUPPORTIVE SERVICES

WHEREAS, EXISTING STATE LAW DECLARES THE INTENT OF THE LEGISLATURE TO PROVIDE SUPPLEMENTAL OR ADDITIONAL SERVICES TO SPECIFIED PERSONS, THROUGH THE IN-HOME SUPPORTIVE SERVICES PROGRAM, FOR AGED, BLIND, AND DISABLED PERSONS; AND

WHEREAS, EXISTING STATE LAW PROVIDES THAT CERTAIN PERSONAL CARE SERVICES MAY BE MADE AVAILABLE UNDER THE MEDI-CAL PROGRAM TO QUALIFIED RECIPIENTS AT THEIR PLACES OF EMPLOYMENT, SUBJECT TO SPECIFIED CONDITIONS; AND

WHEREAS, THE UNITED STATES SUPREME COURT, IN OLMSTEAD V.L.C. (1999) 527 U.S. 581, HELD THAT INDIVIDUALS WITH DISABILITIES HAVE THE RIGHT TO RECEIVE CARE IN THE MOST INTEGRATED SETTING APPROPRIATE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT IN-HOME SUPPORTIVE SERVICES BE DEFINED TO INCLUDE SUPPORT SERVICES LINKED TO THE QUALIFIED RECIPIENT, AT THE DISCRETION OF THE INDIVIDUAL OR HIS OR HER PROVIDER, WHILE PARTICIPATING IN VOLUNTEER, SOCIAL, OR OTHER COMMUNITY ACTIVITIES, AS HE OR SHE IS ABLE WITHIN THE EXISTING ASSIGNED HOURS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 08 21931

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