SENIOR SENATE PROPOSAL NO. 1

INTRODUCED BY SENIOR SENATOR YOUNG

LEGISLATIVE COUNSEL'S DIGEST

SP 1: EXPANSION OF IN-HOME SUPPORTIVE SERVICES

EXISTING LAW PROVIDES FOR THE IN-HOME SUPPORTIVE SERVICES PROGRAM, UNDER WHICH QUALIFIED AGED, BLIND, AND PERSONS WITH DISABILITIES RECEIVE SERVICES ENABLING THEM TO REMAIN IN THEIR OWN HOMES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DEFINE IN HOME SUPPORTIVE SERVICES TO INCLUDE SUPPORT SERVICES USED BY THE QUALIFIED RECIPIENT, AT THE DISCRETION OF THE RECIPIENT 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.

VOTE: MAJORITY.

SP 1: RELATING TO IN-HOME SUPPORTIVE SERVICES TO INCLUDE COMMUNITY ACTIVITIES

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 PERSONS WITH DISABILITIES; 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. BY ZIMRING (1999) 527 U.S. 581, HELD THAT A PUBLIC ENTITY SHALL ADMINISTER SERVICES, PROGRAMS, AND ACTIVITIES IN THE MOST INTEGRATED SETTING APPROPRIATE TO THE NEEDS OF THE QUALIFIED PERSONS WITH DISABILITIES; 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 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT IN-HOME SUPPORTIVE SERVICES BE DEFINED TO INCLUDE SUPPORT SERVICES USED BY THE QUALIFIED RECIPIENT, AT THE DISCRETION OF THE RECIPIENT OR HIS OR HER PROVIDER, WHILE PARTICIPATING IN VOLUNTEER, SOCIAL, OR OTHER COMMUNITY ACTIVITIES, AS THE RECIPIENT 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 09 16469

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