In-home supportive services providers: emergency shelter services.

Existing federal law provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance. Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority, or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. The duties of a public authority or nonprofit consortium that provides services under the IHSS Program include the provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a provider registry. This bill would authorize a county department of social services to make IHSS provider registries available during a federally declared state of emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator's emergency shelter, as defined, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter. By imposing new duties or local officials, this bill would create a state-mandated local program. The bill would provide that an in-home supportive services provider who provides assistance to seniors and persons with disabilities at an emergency shelter shall not be liable for harm caused by an act or omission of the provider if the provider was acting within the scope of his or her responsibilities as an in-home supportive services provider at the time of the act or omission and the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the provider. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.