Assembly BillPassed first houseGovernment
AB 283: In-Home Supportive Services Employer-Employee Relations Act.
What AB 283 does, verified December 13, 2025
This bill aims to expand the definition of "public employer" to include employers subject to the in-home supportive services (ihss) employer-employee relations act. It establishes a method for resolving disputes regarding wages, benefits, and terms of employment between the state and recognized employee organizations representing individual providers. The state would be deemed the employer of record of individual providers in each county, and the recipient would have the right to hire, fire, and supervise them. The bill would also require the state to assume responsibilities as set forth in the act, and counties or cities and counties would continue to have certain ihss program-related functions. The bill would require all recognized employee organizations to negotiate jointly on behalf of all bargaining units they represent to reach a single memorandum of understanding with the employe…
Bill journey
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5GovernorPending
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Last action: Ordered to inactive file at the request of Senator Durazo. (2025-05-29)Alert me
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Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions21 total · showing 5
| Sep. 09, 2025 | Ordered to inactive file at the request of Senator Durazo. |
| Sep. 02, 2025 | Read second time. Ordered to third reading. |
| Aug. 29, 2025 | Read second time and amended. Ordered returned to second reading. |
| Aug. 29, 2025 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29). |
| Jul. 14, 2025 | In committee: Referred to APPR. suspense file. |
Latest bill textAmended version, August 29, 2025 · 20,232 words
| Amended IN Senate August 29, 2025 |
| Amended IN Senate June 12, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 283
| Introduced by Assembly Member Haney (Principal coauthors: Assembly Members Bryan, McKinnor, and Soria) (Coauthors: Assembly Members Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bennett, Boerner, Bonta, Caloza, Elhawary, Flora, Garcia, Gipson, Jeff Gonzalez, Mark González, Lowenthal, Harabedian, Jackson, Krell, Lee, Patel, Quirk-Silva, Ramos, Ransom, Rogers, Schiavo, Sharp-Collins, Valencia, Wallis, and Zbur) (Coauthors: Senators Arreguín, Cervantes, Durazo, Gonzalez, Menjivar, Padilla, Richardson, and Wiener) |
January 22, 2025 |
An act to amend Sections 3552, 3555.5, 7926.300, and 11121.1 of, and to add Title 26 (commencing with Section 110000) to, the Government Code, and to amend Sections 12300.4, 12301.24, 12301.6, and 12301.61 12301.61, and 12306.16 of, and to add Sections 12300.8 and 12300.9 to, the Welfare and Institutions Code, relating to in-home supportive services.
LEGISLATIVE COUNSEL'S DIGEST
AB 283, as amended, Haney. In-Home Supportive Services Employer-Employee Relations Act.
(1) Existing law establishes the In-Home Supportive Services (IHSS) program, which is administered by the State Department of Social Services, counties, and other entities, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes.
Existing law authorizes a county board of supervisors to elect to contract with a nonprofit consortium to provide for the delivery of in-home supportive services or to establish, by ordinance, a public authority to provide for the delivery of those services, in accordance with certain procedures. Existing law deems a public authority created under these provisions to be the employer of in-home supportive services personnel under the Meyers-Milias-Brown Act, which governs labor relations between local public employers and employees. Existing law also deems a nonprofit consortium contracting with a county to be the employer of in-home supportive services personnel for purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law grants recipients of in-home supportive services the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services for them.
Existing law prohibits the state and specified local public employers from deterring or discouraging public employees from becoming or remaining members of an employee organization. Existing law also requires specified public employers to provide exclusive employee representatives access to new employee orientations. Existing law generally grants the Public Employment Relations Board jurisdiction over violations of these provisions. Existing law defines “public employers” who are subject to these provisions as including, among others, public agencies, cities, counties, and districts.
This bill would expand the definition of “public employer,” for purposes of those provisions, to include an employer who is subject to the In-Home Supportive Services Employer-Employee Relations Act, which the bill would create. The bill would establish a method for resolving disputes regarding wages, benefits, and other terms and conditions of employment between the state and recognized employee organizations representing individual providers. The bill would provide for the right of employees, also known as individual providers under the act, to form, join, and participate in activities of employee organizations for the purposes of representation on all matters within the scope of employee organizations. The bill would define “employee” or “individual provider” for these purposes to mean a person authorized to provide in-home supportive services pursuant to the individual provider mode or waiver personal care services, as prescribed.
This bill would, for purposes of collective bargaining, deem the state to be the employer of record of individual providers in each county. The bill would grant the in-home supportive services recipient with the right to hire, fire, and supervise the work of the individual providers providing services to them. Among other things, the bill would specify that individual providers employed by a predecessor agency before January 1, 2026, shall retain employee status and not be required by the state to requalify to receive payment for providing in-home supportive services.
Among other things, for purposes of collective bargaining, this bill would provide that existing bargaining units consisting of individual providers in a single county that are represented by the same recognized employee organization shall be deemed merged into the largest possible multicounty bargaining units represented by that employee organization. In counties where no recognized employee organization exists as of January 1, 2026, the bill would specify that a bargaining unit consisting of all employees in that county shall be deemed an appropriate unit for collective bargaining. Under the bill, if individual providers in a county bargaining unit are represented by a recognized employee organization on January 1, 2026, the state would be deemed the successor employer of the predecessor agency for purposes of negotiating a collective bargaining agreement, subject to the obligation to meet and confer in good faith and meet other related legal requirements.
This bill would require all recognized employee organizations, as of January 1, 2026, to negotiate jointly on behalf of all bargaining units they represent to reach a single memorandum of understanding with the employer. The bill would authorize the memorandum of understanding to contain addenda reflecting regional or county-level terms and conditions. The bill would establish procedures for voting and ratification of a memorandum of understanding, and for the employer to assume a predecessor agency’s rights and obligations under a memorandum of understanding or agreement between a predecessor agency and a recognized employee organization that is in effect on January 1, 2026.
This bill would prescribe the duties of the state under the bill, including requiring the Governor to meet and confer in good faith, and to follow specified procedures regarding collective bargaining. If an agreement is reached by a representative of the Governor and the recognized employee organizations, the bill would require those parties to jointly prepare a written memorandum of understanding and present it to the Legislature for determination by majority vote. The bill would require the Governor, for any side letter, appendix, or other addendum to a memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits not included in the original memorandum or the Budget Act, to provide that to the Joint Legislative Budget Committee, as specified. The bill would also establish mediation and arbitration procedures that would apply when the parties fail to reach an agreement.
This bill would make certain actions by an employer and other entities involved in administering the IHSS program unlawful, including imposing or threatening to impose reprisals on employees or otherwise interfering with the exercise of their rights. The bill would authorize the Public Employment Relations Board to adopt reasonable rules and regulations pursuant to the bill, including the adoption of emergency regulations, as prescribed.
(2) Existing law requires the Controller to provide for the administration of payroll deductions and salary reductions, and authorizes the Controller to establish procedures for that purpose.
This bill would require the Controller to honor a written authorization for payroll deductions executed by an employee before January 1, 2026, and to make deductions for payments of dues to a recognized employee organization pursuant to the bill consistent with the above-described payroll deduction procedures.
(3) Existing law, the California Public Records Act, requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided. Existing law provides that certain information regarding persons paid by the state to provide in-home supportive services, or other related public services, are not subject to disclosure under those provisions. Existing law further provides that copies of names, addresses, home telephone numbers, and other identifying information are required to be made available, upon request, to an exclusive bargaining agent and to any employee organization seeking representation rights under specified collective bargaining provisions.
This bill would, with respect to the above-described personal identifying information, instead require this information to be made available to the exclusive bargaining agent and any employee organization seeking representation under the bill. The bill would require the state, or a county, public authority, or nonprofit consortium organized pursuant to the IHSS program, to promptly make the information available to the requesting entity.
This bill would revise the IHSS program provisions to require the state to assume responsibilities as set forth in the bill. The bill would also require a county or city and county to continue to have certain IHSS program-related functions set forth in county ordinance or contract performed in accordance with specified provisions.
(4) Existing law requires prospective providers of in-home supportive services to complete an in-person provider orientation at the time of enrollment that is developed by the department, in consultation with counties, that includes requirements to be an eligible IHSS provider and other related matters.
This bill additionally would require that in-person provider orientation include any other information required to be communicated to prospective providers by a memorandum of understanding, appendix, or side letter between recognized employee organizations and the state.
Existing law requires a specified mediation process, including a factfinding panel recommending settlement terms, to be held if a public authority or nonprofit consortium and an employee organization fail to reach agreement on a bargaining contract with in-home supportive service (IHSS) workers on or after October 1, 2023.
This bill would make that provision inoperative. The bill would also require the department to appoint an IHSS Advisory Committee to provide ongoing advice and recommendations regarding in-home supportive services, as specified. The bill would require the employer, prior to finalizing a memorandum of understanding with one or more organizations that are the designated representatives of in-home services providers, to consult with specified advisory committee representatives to obtain input on county and public authority programmatic and fiscal implications.
Existing law requires the state and counties to share the annual cost of providing IHSS pursuant to a specified cost ratio. Existing law requires all counties to have a rebased County IHSS Maintenance of Effort (MOE), and requires the rebased MOE to be adjusted only by an inflation factor of 4% and for the annualized cost of increases in provider wages, health benefits, or other benefits that are locally negotiated, mediated, or imposed, as prescribed.
This bill would prohibit the rebased County IHSS MOE from being adjusted based on any provision of any memorandum of understanding, or addenda, appendices, or side letters thereto, between the state and recognized employee organizations.
Existing law requires the state to pay 100% of the allowable nonfederal share of county administration and public authority administration costs for each county, until the county’s share of the General Fund moneys appropriated for this purpose is exhausted, and then requires the county to pay 100% of the remaining nonfederal share of county administration and public authority administration costs, as specified.
This bill would require the state to also pay 100% of the nonfederal share of county administration and public authority administration costs for each county of any administration costs resulting from the provisions of any memorandum of understanding, or addenda, appendices, or side letters thereto, between the state and recognized employee organizations.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public.
This bill would exempt the IHSS Advisory Committee from the act.
This bill would make other related changes. By imposing new duties on local government officials, the bill would impose a state-mandated local program.
(5) This bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(8) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 3552 of the Government Code is amended to read:3552.
For the purpose of this chapter:(a) “Employee organization” means an employee organization within the meaning of the provisions listed in subdivision (c).
(b) “Public employee” means an employee granted rights by the provisions listed in subdivision (c) or an employee of a public transit agency, the labor relations of which are regulated by provisions in the Public Utilities Code.
(c) “Public employer” means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of, or Title 26 (commencing with Section 110000) of, this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. This chapter also applies to public transit districts with respect to their public employees who are in bargaining units not subject to the provisions listed in this subdivision.
SEC. 2.
Section 3555.5 of the Government Code is amended to read:3555.5.
(a) This chapter applies to public employers subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of, or Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of, or Title 26 (commencing with Section 110000) of, this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code. This chapter, except for subdivision (c), also applies to public transit districts with respect to their public employees who are in bargaining units not subject to the provisions listed in this subdivision.(b) For purposes of this chapter:
(1) “Exclusive representative” means the exclusive representative or recognized employee organization for the bargaining unit.
(2) “Interest arbitration” means a process whereby an employer and an exclusive representative submit a dispute concerning the terms of access to new employee orientations for resolution to a third-party arbitrator who is then authorized to approve either party’s proposal in its entirety, to approve a proposal using both the employer’s and exclusive representative’s final proposals, or to modify the proposals by the parties.
(3) “New employee orientation” means the onboarding process of a newly hired public employee, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters.
(4) “Newly hired public employee” means any employee, whether permanent, temporary, full time, part time, or seasonal, hired by a public employer, to which this chapter applies and who is still employed as of the date of the new employee orientation.
(c) (1) Except as provided in paragraph (2), the Public Employment Relations Board shall have jurisdiction over violations of this chapter. The powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter.
(2) The employee relations commissions established by the County of Los Angeles and the City of Los Angeles shall have jurisdiction over violations of this chapter in the County of Los Angeles and the City of Los Angeles, respectively.
SEC. 3.
Section 7926.300 of the Government Code is amended to read:7926.300.
(a) Notwithstanding any other provision of this division, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, and information about persons who have completed the form described in subdivision (a) of Section 12305.81 of the Welfare and Institutions Code for the provider enrollment process, is not subject to public disclosure pursuant to this division, except as provided in subdivision (b).(b) Copies of names, addresses, home telephone numbers, personal cellular telephone numbers, written or spoken languages, if known, and personal email addresses of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any employee organization seeking representation rights pursuant to the In-Home Supportive Services Employer-Employee Relations Act (Title 26 (commencing with Section 110000)). The state, or a county, public authority, or nonprofit consortium organized pursuant to Sections 12301.6 or 12302.25 of the Welfare and Institutions Code, shall promptly make the information available to the requesting entity. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the employee organization.
(c) This section applies solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In-Home Supportive Services Plus Option Program pursuant to Section 14132.952 of the Welfare and Institutions Code, the Community First Choice Option Program pursuant to Section 14132.956 of the Welfare and Institutions Code, or the Waiver Personal Care Services Program pursuant to Section 14132.97 of the Welfare and Institutions Code.
(d) This section does not alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law.
(e) “Employee organization” has the same meaning as set forth in subdivision (c) of Section 110003.
SEC. 4.
Section 11121.1 of the Government Code is amended to read:11121.1.
As used in this article, “state body” does not include any of the following:(a) Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b) Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c) State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d) State agencies when they are conducting proceedings pursuant to Section 3596.
(e) State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f) The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g) The IHSS statewide bargaining advisory committee established pursuant to Section 12300.9 of the Welfare and Institutions Code.
SEC. 5.
Title 26 (commencing with Section 110000) is added to the Government Code, to read:TITLE 26. IN-HOME SUPPORTIVE SERVICES EMPLOYER-EMPLOYEE RELATIONS ACT
CHAPTER 1. General Provisions
110000.
This title shall be known and may be cited as the In-Home Supportive Services Employer-Employee Relations Act.110001.
It is the purpose of this title to promote full communication between the state and recognized employee organizations representing individual providers by providing a reasonable method of resolving disputes regarding wages, benefits, and other terms and conditions of employment, as described in Section 110022, between the state and recognized employee organizations. It is also the purpose of this title to promote the improvement of personnel management and employer-employee relations by providing a uniform basis for recognizing the right of individual providers to join organizations of their own choice and be represented by those organizations for purposes of collective bargaining with the state. This title is intended to strengthen methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between the recognized employee organizations and the state. Except as expressly provided herein, this title is not intended to require changes in existing bargaining units or memoranda of agreement or understanding.110002.
Except as otherwise provided by the Legislature, employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters within the scope of representations. Employees also shall have the right to refuse to join or participate in the activities of employee organizations.110003.
As used in this title:(a) “Board” means the Public Employment Relations Board established pursuant to Section 3541.
(b) “Employee” or “individual provider” means any person authorized to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, and Sections 14132.95, 14132.952, and 14132.956 of the Welfare and Institutions Code, pursuant to the individual provider mode, as described in Section 12302.2 of the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code. As used in this title, “employee” or “individual provider” does not include any person providing in-home supportive services pursuant to the county-employed homemaker mode or the contractor mode, as authorized in Section 12302 of the Welfare and Institutions Code. Individual providers shall not be deemed to be employees of the state for any other purposes, except as expressly set forth in this title.
(c) “Employee organization” means an organization that includes employees, as defined in subdivision (b), and that has as one of its primary purposes representing those employees in their relations with the public employer.
(d) “Employer” means the employer of record for the purposes of collective bargaining, which is the state or any agency, department, contractor, or subcontractor administering the In-Home Supportive Services Program. The in-home supportive services recipient shall be the employer of an individual provider with the unconditional and exclusive right to hire, fire, and supervise the provider.
(e) “In-home supportive services” or “In-Home Supportive Services Program” means services provided pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, and Sections 14132.95, 14132.952, and 14132.956 of the Welfare and Institutions Code, and waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code.
(f) “In-home supportive services recipient” means the individual who receives the in-home supportive services provided by the individual provider.
(g) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, benefits, and other terms and conditions of employment, as defined in Section 110022, between representatives of the employer and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.
(h) “Predecessor agency” means a county, a local public authority, or a nonprofit consortium established pursuant to Section 12301.6 or 12302.25 of the Welfare and Institutions Code before January 1, 2026.
(i) “Recognized employee organization” means an employee organization that has been formally acknowledged as follows:
(1) Before January 1, 2026, by a predecessor agency, as the exclusive representative of its employees.
(2) On or after January 1, 2026, by the employer.
CHAPTER 2. Transitional Provisions
110004.
It is the intent of the Legislature to stabilize the labor and employment relations of individual providers in order to provide continuity of care and services to the maximum extent possible, and consistent with the responsibilities of the employer under the act adding this title.110005.
For the purposes of collective bargaining, and as expressly set forth in subdivision (d) of Section 110003, the state is deemed to be the employer of record of individual providers in each county as of January 1, 2026. In-home supportive services recipients shall retain the right to hire, fire, and supervise the work of the individual providers providing services to them. Except as specifically provided, this section does not change the nature of any employment relationship between providers and the county, public authority, nonprofit consortium, or the state.110006.
Individual providers employed by any predecessor agency as of January 1, 2026, shall retain employee status and shall not be required by the state to requalify to receive payment for providing services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. In the same manner as set forth in subdivision (e) of Section 12305.86 of the Welfare and Institutions Code, the employer shall accept a clearance that was obtained or accepted by any predecessor agency pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. Existence of a clearance shall be determined by verification through the case management, information, and payroll system of the predecessor agency that the predecessor agency has deemed the provider to be eligible to receive payment for providing services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code.110007.
(a) On January 1, 2026, consistent with the recognition of employee organizations by predecessor agencies, existing bargaining units consisting of individual providers in a single county that are represented by the same recognized employee organization shall be deemed merged into the largest possible multicounty bargaining units represented by that employee organization.(b) In those counties where no recognized employee organization exists as of January 1, 2026, a bargaining unit consisting of all employees in that county shall be deemed an appropriate unit for collective bargaining. If employees thereafter select an employee organization as their exclusive representative, the county bargaining unit shall be deemed merged into any existing multicounty bargaining unit represented by the same recognized employee organization.
110008.
If, on January 1, 2026, individual providers in a county bargaining unit are represented by a recognized employee organization, the state shall be deemed the successor employer of the predecessor agency for the purposes of negotiating a collective bargaining agreement, and shall be obligated to recognize and to meet and confer in good faith with the recognized employee organization on all matters within the scope of representation, as defined in Section 110022, as to those individual providers. The recognized employee organization shall continue to perform all obligations of a recognized employee organization as to the individual providers in that county.110009.
(a) (1) As of January 1, 2026, all recognized employee organizations shall negotiate jointly on behalf of all bargaining units they represent to reach a single memorandum of understanding with the employer. The memorandum of understanding may contain addenda reflecting regional or county-level terms and conditions.(2) Notwithstanding Section 110007, the votes of all eligible individual providers in all bargaining units shall be aggregated for ratification purposes if ratification is required by a recognized employee organization’s constitution, bylaws, or other governing documents. Nothing in this section shall require individual provider ratification that is not otherwise required by a recognized employee organization’s constitution, bylaws, or other governing documents. Nothing in this section shall require individual provider ratification in any manner that is not otherwise required by a recognized employee organization’s constitution, bylaws, or other governing documents.
(b) Subject to subdivision (c), the employer and all employee organizations that are recognized by the predecessor agencies before January 1, 2026, may meet to negotiate the terms of the memorandum of understanding, which shall not take effect until January 1, 2026.
(c) On January 1, 2026, subject to Section 12306.16 of the Welfare and Institutions Code, the employer shall assume the predecessor agencies’ rights and obligations under any memorandum of understanding or agreement between a predecessor agency and a recognized employee organization that is in effect on that date for the duration thereof. Absent mutual consent to reopen, the terms of any transferred memorandum of understanding or agreement shall continue until the memorandum of understanding or agreement has expired. If a memorandum of understanding or agreement between a recognized employee organization and a predecessor agency has expired and has not been replaced by a successor memorandum of understanding or agreement as of January 1, 2026, the employer shall assume the obligation to meet and confer in good faith with the recognized employee organization.
(d) Notwithstanding any other law, except to the extent set forth in this chapter and as limited by Section 110022, the terms and conditions of any memorandum of understanding or agreement between a predecessor agency and a recognized employee organization in effect as of January 1, 2026, shall not be reduced, except by mutual agreement between the recognized employee organization and the employer.
(e) The Controller shall be obligated to honor a written authorization for payroll deductions executed by an employee prior to January 1, 2026. The implementation of this title shall not be a cause for the Controller to cease administering payroll deductions pursuant to Section 1153 for any employee who has executed a written authorization for payroll deductions.
110010.
(a) Except as otherwise expressly provided in this title, the enactment of this title shall not be a cause for the employer or any predecessor agency to modify or eliminate any existing memorandum of agreement or understanding, or to modify existing wages, benefits, or other terms and conditions of employment. Except to the extent set forth in this title, the enactment of this title shall not prevent the modification of existing wages, benefits, or terms and conditions of employment through the meet and confer in good faith process or, in those situations in which the employees are not represented by a recognized employee organization, through appropriate procedures.(b) This title does not relieve any predecessor agency of its obligation to meet and confer in good faith with a recognized employee organization pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1) until January 1, 2026. This title does not require the predecessor agency to meet and confer with a recognized employee organization after the employer assumes the predecessor agency’s rights and obligations on January 1, 2026.
110011.
If the employer and the recognized employee organization negotiate changes to locally administered health benefits for individual providers, the employer shall give as much notice as practicable to the county of the agreed-upon changes.CHAPTER 3. Labor Relations
110012.
The Legislature finds and declares that collective bargaining for individual providers under this title constitutes a matter of statewide concern pursuant to Article XI of the California Constitution. Therefore, this title applies to all counties, notwithstanding charter provisions to the contrary.110013.
Where the language of this title is the same or substantially the same as that contained in Chapter 10 (commencing with Section 3500) or Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1, it shall be interpreted and applied by the board in a manner consistent with and in accordance with judicial interpretations of the same language.110014.
The employer shall grant exclusive recognition to employee organizations designated or selected pursuant to this title or rules established by the board for employees of the employer or an appropriate unit thereof, subject to the right of an employee to represent oneself.110015.
(a) Except as provided in this title, the powers and duties of the board described in Sections 3541.3 and 3541.5 shall also apply, as appropriate, to this title. Included among the appropriate powers of the board are the powers to order elections, to conduct any election the board orders, to order unit modifications consistent with Section 110007, and to adopt rules.(b) The board shall establish reasonable procedures for petitions and holding elections and determining appropriate units consistent with Section 110007. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required.
(c) Upon the request of all affected recognized employee organizations, the employer shall recognize a merged bargaining unit consisting of bargaining units that were previously represented by separate recognized employee organizations.
110016.
Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition, certification, decertification, or unit modification, consistent with Section 110007, of an employee organization is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision no later than 180 days after the appeal is filed.110017.
(a) Any charging party, respondent, or intervener aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, and any party to a final decision or order of the board in a unit determination consistent with Section 110007, or in a representation, recognition, or election matter that is not brought as an unfair practice case, may petition for a writ of extraordinary relief from that decision or order. A board order directing an election shall not be stayed pending judicial review.(b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over the county where the events giving rise to the decision or order occurred. The petition shall be filed within 30 days from the date of the issuance of the board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section.
(c) If the time to petition for extraordinary relief from a board decision or order has expired, the board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board’s final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order.
110018.
An individual provider shall not be subject to punitive action or denied promotion, or threatened with any such treatment, for the exercise of lawful action as an elected, appointed, or recognized representative of any employee bargaining unit.110019.
(a) This title does not affect the right of an employee to authorize a dues deduction from the employee’s salary or wages pursuant to Article 6 (commencing with Section 1150) of Chapter 1 of Division 4 of Title 1.(b) The Controller shall make deductions for the payment of dues to a recognized employee organization consistent with Article 6 (commencing with Section 1150) of Chapter 1 of Division 4 of Title 1.
110020.
Recognized employee organizations shall have the right to represent their members in their employment relations with the employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section does not prohibit an employee from appearing on their own behalf in their employment relations with the employer.110021.
The employer and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against employees because of the exercise of their rights guaranteed by this title.110022.
(a) The scope of representation shall include all matters relating to wages, benefits, and other terms and conditions of employment. However, the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order, or the right to hire, fire, and supervise the individual providers which is reserved to the IHSS recipient.(b) All of the following matters are within the scope of representation:
(1) Wages and benefits, including, but not limited to, health insurance, retirement, and contributions to health benefit and retirement trust funds.
(2) The structure, time, and manner of recognized employee organization access to orientations of new providers.
(3) Payment, payment reporting, and payroll procedures applicable to individual providers.
(4) Provider health and safety, including, but not limited to, personal protective equipment.
(5) Joint labor-management committees.
(6) Grievance arbitration.
(7) Voluntary professional training and development opportunities for individual providers. Any voluntary training and development opportunities shall be developed in consultation with consumers, aging advocates, and disability advocates.
(8) The deduction of membership dues and other voluntary deductions authorized by individual providers and allocation of the costs of implementing that deduction system among the bargaining parties.
(c) This section does not limit the right of the employer to consult and reach agreement with the recognized employee organizations on any matter outside the scope of representation. Any matter outside the scope of representation enumerated in this section shall not be considered a mandatory subject of bargaining.
110023.
(a) Except in cases of emergency as provided in this section, the Governor, through the Governor’s designee, shall give reasonable written notice to each recognized employee organization affected by any law, rule, practice, or policy directly relating to matters within the scope of representation proposed to be adopted by the employer and shall give each recognized employee organization the opportunity to meet with the employer.(b) In cases of emergency when the Governor, through the Governor’s designee, determines that any law, rule, policy, or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the employer shall provide notice and an opportunity to meet at the earliest practical time following the adoption of the law, rule, policy, or procedure.
110024.
(a) The Governor, through the Governor’s designee, shall meet and confer in good faith regarding all matters within the scope of representation as set forth in Section 110022 with representatives of recognized employee organizations, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action.(b) “Meet and confer in good faith” means that the Governor, through the Governor’s designee, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the state of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses.
110025.
(a) Any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of two hundred fifty thousand dollars ($250,000) or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act, shall be provided by the Governor to the Joint Legislative Budget Committee. The Joint Legislative Budget Committee shall determine within 30 days after receiving the side letter, appendix, or other addendum if it presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the side letter, appendix, or other addendum.(b) A side letter, appendix, or other addendum to a properly ratified memorandum of understanding that does not require the expenditure of funds shall be expressly identified by the Governor if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the Legislature for approval.
110026.
If an agreement is reached by the representatives of the Governor and the recognized employee organizations, they shall jointly prepare a written memorandum of the understanding, and present it to the Legislature for determination by majority vote.110027.
(a) If, after a reasonable period of time, representatives of the employer and the recognized employee organizations fail to reach agreement, the dispute shall be referred to mediation before a mediator mutually agreeable to the parties. If the parties are unable to agree upon the mediator, either party may request the board to appoint a mediator in accordance with rules adopted by the board.(b) The costs of mediation shall be divided one-half to the employer and one-half to the recognized employee organizations.
110028.
(a) After all mediation procedures have been exhausted, if no agreement has been reached between the parties, disputes or controversies pertaining to wages, hours, benefits, or terms and conditions of employment that remain unresolved shall be submitted to a three-member board of arbitrators at the request of the employer or the recognized employee organizations.(b) The recognized employee organizations and the employer shall each select and appoint one arbitrator to the board of arbitrators. The third member of the arbitration board shall be selected by agreement of the parties, and absent agreement within five days of a request for arbitration, the employer or the recognized employee organizations may then request from the State Mediation and Conciliation Service a list of seven persons qualified and experienced as labor arbitrators. If the recognized employee organizations and the employer cannot agree within three days after receipt of such a list on one of the seven persons to act as the neutral arbitrator, they shall alternately strike names from the list of nominees until one name remains and that person shall then become the neutral arbitrator and chairperson of the arbitration board.
(c) Any arbitration proceeding convened pursuant to this article shall be conducted in conformance with, and be subject to Title 9 (commencing with Section 1290) of Part 3 of the Code of Civil Procedure. The arbitration board may, in its discretion, hold public hearings, receive evidence from the parties, and cause a transcript of the proceedings to be prepared. In the exercise of its discretion, the arbitration board may meet privately with the parties, mediate, or arbitrate the issues in dispute. The arbitration board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the cost of the arbitration process.
(d) If an agreement is not reached before the conclusion of the arbitration hearings, the arbitration board shall direct each of the parties to submit, within such time limit as the arbitration board may establish, a last offer of settlement on each of the remaining issues in dispute. The arbitration board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits, and terms and conditions of public and relevant private employment, including, but not limited to: changes in the average Consumer Price Index for goods and services; the wages, hours, benefits and terms and conditions of employment of employees performing similar services; stipulations of the parties; state and federal laws that are applicable to the employer; the interests and welfare of the public and the financial ability of the employer to meet the costs of the award; the overall compensation presently received by the employees affected, including their direct wages, the costs of any vacations, holidays, or other paid time off, insurance, pension, medical and hospitalization benefits; and the continuity and stability of employment.
(e) After reaching a decision, the arbitration board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the arbitration board shall not be publicly disclosed and shall not be binding until 10 days after it is delivered to the parties. During that 10-day period, the parties may meet privately, attempt to resolve their differences, and by mutual agreement, amend or modify the decision of the arbitration board. At the conclusion of the 10-day period, the decision of the arbitration board, as it may be modified or amended by the parties, shall be publicly disclosed, and shall become final and binding upon both of the parties. The Legislature may reject the decision of the arbitration panel by majority vote.
(f) The expenses of any arbitration proceeding convened pursuant to this section, including the fee for the services of the chairperson of the arbitration board, the costs of the preparation of the transcript of proceedings, and any other costs related to the conduct of the proceeding as determined by the arbitration board, shall be divided one-half to the employer and one-half to the recognized employee organizations. Any other expenses the parties may incur are to be borne by the party incurring that particular expense.
110029.
If the Legislature does not approve or fully fund any provision of a memorandum of understanding which requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding. This section does not prevent the parties from agreeing and effecting those provisions of the memorandum of understanding that have received legislative approval or those provisions that do not require legislative action.110030.
A memorandum of understanding between the Governor and the recognized employee organizations shall be binding on all state departments and agencies, counties, public authorities or nonprofit consortia organized pursuant to Sections 12306.1 or 12302.25 of the Welfare and Institutions Code before January 1, 2026, and any other political subdivision of the state that is involved in the administration of the In-Home Supportive Services Program and the relevant contractors and subcontractors of those departments and agencies.110031.
The employer shall allow a reasonable number of representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the employer on matters within the scope of representation.110032.
(a) It is unlawful for the employer to do any of the following:(1) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this title.
(2) Deny to employee organizations the rights guaranteed to them by this title.
(3) Refuse or fail to meet and negotiate in good faith with a recognized employee organization. For purposes of this subdivision, knowingly providing a recognized employee organization with inaccurate information regarding the financial resources of the employer, whether or not in response to a request for information, constitutes a refusal or failure to meet and negotiate in good faith.
(4) Dominate or interfere with the formation or administration of any employee organization, contribute financial or other support to any employee organization, or in any way encourage employees to join any employee organization in preference to another.
(5) Refuse to participate in good faith in any applicable impasse procedure.
(6) Deter or discourage individual providers from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or other voluntary deductions to a provider organization.
(7) Refuse or fail to require any county, public authority, or nonprofit consortium organized pursuant to Sections 12306.1 or 12302.25 of the Welfare and Institutions Code to comply with the provisions of any memorandum of understanding or addenda, appendices, or side letters thereto between the state and recognized employee organizations.
(8) Refuse or fail to require any county, public authority, or nonprofit consortium organized pursuant to Section 12306.1 or 12302.25 of the Welfare and Institutions Code to comply with Section 12301.24 of the Welfare and Institutions Code.
(b) It is unlawful for any county, public authority, or nonprofit consortium organized pursuant to Section 12306.1 or 12302.25 of the Welfare and Institutions Code, or any other political subdivision of the state that is involved in the administration of the In-Home Supportive Services Program and the relevant contractors and subcontractors of those departments and agencies, to do any of the following:
(1) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this title.
(2) Deny to employee organizations the rights guaranteed to them by this title.
(3) Dominate or interfere with the formation or administration of any employee organization, contribute financial or other support to any employee organization, or in any way encourage employees to join any employee organization in preference to another.
(4) Deter or discourage individual providers from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or other voluntary deductions to a provider organization.
(5) Deny to employee organizations the rights guaranteed to them by Section 12301.24 of the Welfare and Institutions Code.
(c) The board may investigate unfair practice charges or alleged violations of this title and may take any reasonable actions and make determinations regarding charges or alleged violations as the board deems necessary to effectuate the policies of this title.
110033.
(a) The board may adopt reasonable rules and regulations for all of the following:(1) Registering employee organizations.
(2) Determining the status of organizations and associations as employee organizations or bona fide associations.
(3) Identifying the officers and representatives who officially represent employee organizations and bona fide associations.
(4) Any other matters that are necessary to carry out the purposes of this title.
(b) The board shall establish procedures whereby recognition of employee organizations formally recognized as majority representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of recognition.
(c) The employer shall not unreasonably withhold recognition of employee organizations.
(d) Employees and employee organizations may challenge a rule or regulation of the employer as a violation of this title. This subdivision does not restrict or expand the board’s jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive, of Section 3541.3.
110034.
(a) The board may adopt emergency regulations to implement this title. The initial adoption, amendment, or repeal of the regulations authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6, and the board is exempt for that purpose from the requirements of subdivision (b) of Section 11346.1. Initial emergency regulations and one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.(b) The adoption, amendment, or repeal of a regulation authorized by this section is hereby exempt from subdivision (d) of Section 11346.1 and Section 11349.6, and the board shall transmit the regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing with the Secretary of State.
110035.
The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 6.
Section 12300.4 of the Welfare and Institutions Code is amended to read:12300.4.
(a) Notwithstanding any other law, including, but not limited to, the In-Home Supportive Services Employer-Employee Relations Act (Title 26 (commencing with Section 110000) of the Government Code), a recipient who is authorized to receive in-home supportive services pursuant to this article, or Section 14132.95, 14132.952, or 14132.956, administered by the State Department of Social Services, or waiver personal care services pursuant to Section 14132.97, administered by the State Department of Health Care Services, or any combination of these services, shall direct these authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements of this section.(b) (1) A workweek is defined as beginning at 12:00 a.m. on Sunday and includes the next consecutive 168 hours, terminating at 11:59 p.m. the following Saturday.
(2) A provider of services specified in subdivision (a) shall not work a total number of hours within a workweek that exceeds 66, in accordance with subdivision (d). The total number of hours worked within a workweek by a provider is defined as the sum of the following:
(A) All hours worked providing authorized services specified in subdivision (a).
(B) Travel time, as defined in subdivision (f), only if federal financial participation is not available to compensate for that travel time. If federal financial participation is available for travel time, as defined in subdivision (f), the travel time shall not be included in the calculation of the total weekly hours worked within a workweek.
(3) (A) If the authorized in-home supportive services of a recipient cannot be provided by a single provider as a result of the limitation specified in paragraph (2), it is the responsibility of the recipient to employ an additional provider or providers, as needed, to ensure the provider’s authorized services are provided within that provider’s total weekly authorized hours of services established pursuant to subdivision (b) of Section 12301.1.
(B) (i) It is the intent of the Legislature that this section not result in reduced services authorized to recipients of waiver personal care services, as described in subdivision (a).
(ii) The State Department of Health Care Services shall work with and assist recipients receiving services pursuant to the Nursing Facility/Acute Hospital Transition and Diversion Waiver or the In-Home Operations Waiver, or their successors, who are at or near their individual cost cap, as that term is used in the waivers, to avoid a reduction in the recipient’s services that may result because of increased overtime pay for providers. As part of this effort, the department shall consider allowing the recipient to exceed the individual cost cap, if appropriate, and authorize exemptions as set forth in subdivision (d) of Section 14132.99. The department shall provide timely information to waiver recipients as to the steps that will be taken to implement this clause.
(4) (A) A provider shall inform each recipient of the number of hours that the provider is available to work for that recipient, in accordance with this section.
(B) A recipient, the recipient’s authorized representative, or any other entity shall not authorize any provider to work hours that exceed the applicable limitation or limitations of this section.
(C) A recipient may authorize a provider to work hours in excess of the recipient’s weekly authorized hours established pursuant to Section 12301.1 without notification of the county welfare department, in accordance with both of the following:
(i) The authorization does not result in more than 40 hours of authorized services per week being provided.
(ii) The authorization does not exceed the recipient’s authorized hours of monthly services pursuant to paragraph (1) of subdivision (b) of Section 12301.1.
(5) For providers of in-home supportive services, the State Department of Social Services or a county may terminate the provider from providing services under the IHSS program if a provider continues to violate the limitations of this section on multiple occasions.
(c) Notwithstanding any other law, only federal law and regulations regarding overtime compensation apply to providers of services described in subdivision (a).
(d) A provider of services described in subdivision (a) is subject to all of the following, as applicable to the situation of that provider:
(1) (A) A provider who works for one individual recipient of those services shall not work a total number of hours within a workweek that exceeds 66 hours. The provision of these services by that provider to the individual recipient shall not exceed the total weekly hours of the services authorized to that recipient, except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b). If multiple providers serve the same recipient, it shall continue to be the responsibility of that recipient or the authorized representative of that recipient to schedule the work of the providers to ensure the authorized services of the recipient are provided in accordance with this section.
(B) If a recipient’s weekly authorized hours are adjusted pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 12301.1 and exceed 66 hours, and at the time of adjustment the recipient currently receives all authorized hours of service services from one provider, that provider shall be deemed authorized to work the recipient’s county-approved adjusted hours for that week, but only if the additional hours of work, based on the adjustment, do not exceed the total number of hours worked that are compensable at an overtime pay rate that the provider would have been authorized to work in that month if the weekly hours had not been adjusted.
(2) A provider of in-home supportive services described in subdivision (a) who serves multiple recipients is not authorized to, and shall not, work more than 66 total hours in a workweek, regardless of the number of recipients for whom the provider provides services authorized by subdivision (a). Providers are subject to the limits of each recipient’s total authorized weekly hours of in-home supportive services described in subdivision (a), except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b).
(3) Notwithstanding paragraph (2), the 66-hour workweek limit described in subdivision (b) does not apply to a provider of in-home supportive services described in subdivision (a), and a recipient of those services may receive those services from a requested provider, if the provider has an approved exemption, as set forth in subparagraph (A) or (B). A provider who has an approved exemption pursuant to subparagraph (A) or (B) shall not work a total number of hours in excess of 360 hours per month combined for the recipients of in-home supportive services served by that provider and may not exceed a recipient’s monthly authorized hours.
(A) A provider is eligible for an exemption if that provider met all of the following on or before January 31, 2016:
(i) The provider provided services to two or more recipients of in-home supportive services described in subdivision (a).
(ii) The provider lived in the same home as all of the recipients for whom that provider provided services.
(iii) The provider is related, biologically, by adoption, or as a foster caregiver, legal guardian, or conservator, to all of the recipients for whom the provider provides services as the recipients’ parent, stepparent, foster or adoptive parent, grandparent, legal guardian, or conservator.
(B) A provider is eligible for an exemption if the provider provides services to two or more recipients of in-home supportive services described in subdivision (a), if each recipient for whom the provider provides services has at least one of the following circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider:
(i) The recipient has complex medical or behavioral needs that must be met by a provider who lives in the same home as the recipient.
(ii) The recipient lives in a rural or remote area where available providers are limited, and, as a result, the recipient is unable to hire another provider.
(iii) The recipient is unable to hire another provider who speaks the same language as the recipient, resulting in the recipient being unable to direct the recipient’s own care.
(C) At the time of assessment or reassessment, the county shall evaluate each recipient to determine if the recipient’s circumstances appear to indicate that the provider for that recipient may be eligible for an exemption described in subparagraph (A) or (B). The county shall then inform those recipients about the potentially applicable exemptions and the process by which they or their provider may apply for the exemption.
(D) On a one-time basis upon implementation of this paragraph, the department shall mail an informational notice and an exemption request form to all providers of multiple recipients who may be eligible for an exemption pursuant to subparagraph (B) and to the recipients to whom those providers provide services.
(E) (i) The county shall review the requests for consideration for an exemption described in subparagraph (B) pursuant to a process developed by the department with input from counties and stakeholders. The county shall consider whether the denial of an exemption would place a recipient or recipients at serious risk of placement in out-of-home care due to any of the circumstances described in clauses (i) to (iii), inclusive, of subparagraph (B).
(ii) Within 30 days of receiving an application for an exemption described in subparagraph (B) from a provider or from a recipient on behalf of a provider, the county shall mail a written notification letter to the provider and the recipients for whom the provider provides services of its approval or denial of the exemption. If the county denies the exemption, the county shall also explain in the notification letter the reason for the denial and information about the process to request a review by the department, independent of the county’s decision. The county shall use a standardized notification letter, developed by the department in consultation with stakeholders, for purposes of providing the notification letter that is required by this clause.
(iii) (I) A provider whose exemption under subparagraph (B) has been denied, or a recipient on behalf of the provider whose exemption under subparagraph (B) has been denied, may request a review by the department, independent of the county’s decision.
(II) The department shall develop the review process with input from stakeholders. At a minimum, the review process shall ensure that it provides the provider or the recipient, or that person’s authorized representative, with the opportunity to speak with, and provide written information to, staff of the department conducting the review about how the recipient meets the criteria described in subparagraph (B) and how any alternative services proposed by the county would place the recipient at serious risk of placement in out-of-home care.
(III) The department shall consider the information provided by the provider or the recipient, or that person’s authorized representative, and the information provided by the county in reaching its decision.
(IV) The department shall mail its written decision within 20 days of the date the provider or the recipient is scheduled to speak with the staff of the department conducting the review, unless the provider or the recipient has requested additional time to submit information and the department has granted that request. The written decision shall inform the provider and the recipients for whom the provider provides services if the exemption is granted or denied. If the department denies the exemption, the department shall also explain in the written decision the reason for the denial.
(iv) The county shall record the number of requests for exemptions that are received from providers or recipients on the provider’s behalf and the number of requests approved or denied, and shall submit these numbers to the department. The department shall record the number of requests for the review by the department that are received from providers or recipients and the number of exemptions that are approved or denied through the review process. The numbers by the county and the department shall be posted no later than every three months on the department’s internet website.
(e) Recipients and providers shall be informed of the limitations and requirements contained in this section, through notices at intervals and on forms as determined by the State Department of Social Services or the State Department of Health Care Services, as applicable, following consultation with stakeholders.
(f) (1) A provider of services described in subdivision (a) shall not engage in travel time in excess of seven hours per week. For purposes of this subdivision, “travel time” means time spent traveling directly from a location where authorized services specified in subdivision (a) are provided to one recipient to another location where authorized services are to be provided to another recipient. A provider shall coordinate hours of work with the provider’s recipients to comply with this section.
(2) The hourly wage to compensate a provider for travel time described in this subdivision when the travel is between two counties shall be the hourly wage of the destination county.
(3) Travel time, and compensation for that travel time, between a recipient of authorized in-home supportive services specified in subdivision (a) and a recipient of authorized waiver personal care services specified in subdivision (a) shall be attributed to the program authorizing services for the recipient to whom the provider is traveling.
(4) Hours spent by a provider while engaged in travel time shall not be deducted from the authorized hours of service of any recipient of services specified in subdivision (a).
(5) The State Department of Social Services and the State Department of Health Care Services shall issue guidance and processes for travel time between recipients that will assist the provider and recipient to comply with this subdivision. Each county shall provide technical assistance to providers and recipients, as necessary, to implement this subdivision.
(g) A provider of authorized in-home supportive services specified in subdivision (a) shall timely submit, deliver, or mail, verified by postmark or request for delivery, a signed payroll timesheet within two weeks after the end of each bimonthly payroll period. Notwithstanding any other law, a provider who submits an untimely payroll timesheet for providing authorized in-home supportive services specified in subdivision (a) shall be paid by the state within 30 days of the receipt of the signed payroll timesheet.
(h) This section does not apply to a contract entered into pursuant to Section 12302 for authorized in-home supportive services. Contract rates negotiated pursuant to Section 12302 shall be based on costs consistent with a 40-hour workweek.
(i) The state and counties are immune from any liability resulting from implementation of this section.
(j) An action authorized under this section that is implemented in a program authorized pursuant to Section 14132.95, 14132.956, or 14132.97 shall be compliant with federal Medicaid requirements, as determined by the State Department of Health Care Services.
(k) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action.
(l) (1) This section shall become operative only when the regulatory amendments made by RIN 1235-AA05 to Part 552 of Title 29 of the Code of Federal Regulations are deemed effective, either on the date specified in RIN 1235-AA05 or at a later date specified by the United States Department of Labor, whichever is later.
(2) If the regulatory amendments described in paragraph (1) become only partially effective by the date specified in paragraph (1), this section shall become operative only for those persons for whom federal financial participation is available as of that date.
SEC. 7.
Section 12300.8 is added to the Welfare and Institutions Code, to read:12300.8.
(a) On January 1, 2026, the state shall assume the responsibilities set forth in Title 26 (commencing with Section 110000) of the Government Code.(b) A county or city and county, subject to subdivision (a), shall do any one of the following:
(1) Continue to have its public authority perform the functions set forth in the county ordinance existing at the time of the notification pursuant to subdivision (a) and established pursuant to Section 12301.6, excluding subdivision (c) of that section.
(2) Continue to have the entity perform the functions in the existing contract at the time of the notification pursuant to subdivision (a) established pursuant to Section 12301.6, excluding subdivision (c) of that section.
(3) Assume the functions performed by an entity or public authority pursuant to Section 12301.6, excluding subdivision (c) of that section.
(c) If a county or city and county assumes the functions described in paragraph (3) of subdivision (b), it may do any of the following:
(1) Contract for the performance of any or all of the functions assumed.
(2) Contract with an entity pursuant to Section 12301.6 for the performance of any or all functions assumed.
(3) Establish a public authority pursuant to Section 12301.6 for the performance of any functions assumed.
SEC. 8.
Section 12300.9 is added to the Welfare and Institutions Code, to read:12300.9.
(a) The department shall appoint an IHSS Statewide Bargaining Advisory Committee that shall be comprised of 17 individuals. No less than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of in-home supportive services or waiver personal care services provided pursuant to Section 14132.97.(1) At least two members of the advisory committee shall be current or former providers of in-home supportive services or waiver personal care services.
(2) One member of the advisory committee shall represent counties.
(3) One member of the advisory committee shall represent public authorities.
(4) One individual who represents an organization that advocates for people with disabilities shall be appointed to the advisory committee.
(5) One individual who represents an organization that advocates for seniors shall be appointed to the advisory committee.
(6) One individual from each organization that is a designated employee representative of in-home supportive services providers, as defined in subdivision (b) of Section 110003 of the Government Code, shall be appointed to the advisory committee.
(7) The department shall designate a departmental employee to provide ongoing advice and support to the advisory committee.
(b) Prior to appointing members to the advisory committee pursuant to subdivision (a), the department shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and reasonable response time by, members of the general public and interested persons and organizations.
(c) The advisory committee established pursuant to subdivision (a) shall reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of California.
(d) The advisory committee established pursuant to subdivision (a) shall provide ongoing advice and recommendations regarding in-home supportive services to the department and the Department of Health Care Services.
(e) Members of the advisory committee shall be appointed for a term of two years and may be reappointed. Vacancies shall be filled in the same manner that provided for the original appointment.
(f) Prior to finalizing a memorandum of understanding with one or more organizations that are the designated representatives of in-home services provider, providers, the employer shall consult with the advisory committee representatives pursuant to paragraphs (2) and (3) of subdivision (a) to obtain input on county and public authority programmatic and fiscal implications.
(g) The advisory committee shall be established to take effect on January 1, 2026.
SEC. 9.
Section 12301.24 of the Welfare and Institutions Code is amended to read:12301.24.
(a) All prospective providers shall complete an in-person provider orientation at the time of enrollment, as developed by the department, in consultation with counties, which shall include, but is not limited to, all of the following:(1) The requirements to be an eligible IHSS provider.
(2) A description of the IHSS program.
(3) The rules, regulations, and provider-related processes and procedures, including timesheets.
(4) The consequences of committing fraud in the IHSS program.
(5) The Medi-Cal toll-free telephone fraud hotline and internet website for reporting suspected fraud or abuse in the provision or receipt of supportive services.
(6) The applicable federal and state requirements regarding minimum wage and overtime pay, including paid travel time and wait time, and the requirements of Section 12300.4.
(7) Any other information required to be communicated to prospective providers by a memorandum of understanding, appendix, or side letter between recognized employee organizations and the state.
(b) In order to complete provider enrollment, at the conclusion of the provider orientation, all applicants shall sign a statement specifying that the provider agrees to all of the following:
(1) The prospective provider will provide to a recipient the authorized services.
(2) The prospective provider has received a demonstration of, and understands, timesheet requirements, including content, signature, and fingerprinting, when implemented.
(3) The prospective provider shall cooperate with state or county staff to provide any information necessary for assessment or evaluation of a case.
(4) The prospective provider understands and agrees to program expectations and is aware of the measures that the state or county may take to enforce program integrity.
(5) The prospective provider has attended the provider orientation and understands that failure to comply with program rules and requirements may result in the provider being terminated from providing services through the IHSS program.
(c) The county shall indefinitely retain this statement in the provider’s file. Refusal of the provider to sign the statement described in subdivision (b) shall result in the provider being ineligible to receive payment for the provision of services and participate as a provider in the IHSS program.
(d) All of the following shall apply to the provider orientation described in subdivision (a):
(1) (A) The orientation shall be an onsite orientation that all prospective providers shall attend in person.
(B) (i) If the state or local public health agency issues an order limiting the size of gatherings, a county may hold a series of smaller in-person orientations that meet the same criteria specified in this section. A county is not required to hold an orientation in which prospective providers attend in person if the state or local health agency issues an order that prevents the in-person orientation from occurring.
(ii) If an orientation is not required to be held in person pursuant to clause (i), the county shall hold an orientation that is in person within 30 calendar days of the date that the public health order restrictions are lifted. Counties or IHSS public authorities may provide a written attestation to the recognized employee organization if public health conditions cause staffing or facility challenges that cause delays, and such an attestation will result in a one-time extension of 15 calendar days for the return to in-person orientations.
(C) The requirement for the orientation to be held in person and prospective providers to attend the orientation in person shall not apply if parties to a collective bargaining agreement expressly agree to waive that requirement and have a negotiated alternative method for the provision of the orientation.
(2) Prospective providers may attend the onsite orientation only after completing the application for the IHSS provider enrollment process described in subdivision (a) of Section 12305.81.
(3) Any oral presentation and written materials presented at the orientation shall be translated into all IHSS threshold languages in the county.
(4) (A) Representatives of the recognized employee organization in the county shall be permitted to make a presentation of up to 30 minutes at the beginning of the orientation. Prior to implementing the orientation requirements set forth in this subdivision, counties shall provide at least the level of access to, and the ability to make presentations at, provider orientations that they allowed the recognized employee organization in the county as of September 1, 2014. Counties shall not discourage prospective providers from attending, participating, or listening to the orientation presentation of the recognized employee organization. Prospective providers may, by their own accord, choose not to participate in the recognized employee organization presentation.
(B) Prior to scheduling a provider orientation, the county shall provide the recognized employee organization in the county with not less than 10 days advance notice of the planned date, time, and location of the orientation. If, within 3 business days of receiving that notice, the recognized employee organization notifies the county of its unavailability for the planned orientation, the county shall make reasonable efforts to schedule the orientation so the recognized employee organization can attend, so long as rescheduling the orientation does not delay provider enrollment by more than 10 business days. The requirement to make reasonable efforts to reschedule may be waived, as necessary, due to a natural disaster or other declared state of emergency, or by mutual agreement between the county and the recognized employee organization.
(C) Not less than 10 days before the orientation, the recognized employee organization shall be provided with the information described in subdivision (b) of Section 7926.300 of the Government Code for prospective providers.
(e) To the extent that the orientation is modified from an onsite and in-person orientation, as required by paragraph (1) of subdivision (d), the recognized employee organization in the county shall be provided with the same right to make a presentation, the same advance notice of scheduling, and the same information regarding the applicants, providers, or prospective providers who will attend the orientation, as the organization would receive for an onsite orientation.
(f) A claim may be brought before the Public Employment Relations Board for an alleged violation of Section 3550 of the Government Code if the county has not complied with the requirements of this section within 30 days of being notified by the recognized employee organization.
(g) As used in this section, the following definitions apply:
(1) “Individual provider” has the meaning set forth in subdivision (b) of Section 110003 of the Government Code.
(2) “Recognized employee organization” has the meaning set forth in subdivision (i) of Section 110003 of the Government Code.
(h) If the terms of this section are in conflict with the provisions of a memorandum of understanding, appendix, or side letter between recognized employee organizations and the state, the memorandum of understanding, appendix, or side letter shall be controlling without further legislative action.
(i) The changes made by the act adding this subdivision shall become operative January 1, 2026.
SEC. 10.
Section 12301.6 of the Welfare and Institutions Code is amended to read:12301.6.
(a) Notwithstanding Sections 12302 and 12302.1, a county board of supervisors may, at its option, elect to do either of the following:(1) Contract with a nonprofit consortium to provide for the delivery of in-home supportive services.
(2) Establish, by ordinance, a public authority to provide for the delivery of in-home supportive services.
(b) (1) To the extent that a county elects to establish a public authority pursuant to paragraph (2) of subdivision (a), the enabling ordinance shall specify the membership of the governing body of the public authority, the qualifications for individual members, the manner of appointment, selection, or removal of members, how long they shall serve, and other matters as the board of supervisors deems necessary for the operation of the public authority.
(2) A public authority established pursuant to paragraph (2) of subdivision (a) shall be both of the following:
(A) An entity separate from the county, and shall be required to file the statement required by Section 53051 of the Government Code.
(B) A corporate public body, exercising public and essential governmental functions and that has all powers necessary or convenient to carry out the delivery of in-home supportive services, including the power to contract for services pursuant to Sections 12302 and 12302.1 and that makes or provides for direct payment to a provider chosen by the recipient for the purchase of services pursuant to Sections 12302 and 12302.2. Employees of the public authority shall not be employees of the county for any purpose.
(3) (A) As an alternative, the enabling ordinance may designate the board of supervisors as the governing body of the public authority.
(B) Any enabling ordinance that designates the board of supervisors as the governing body of the public authority shall also specify that no fewer than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of services under this article.
(C) If the enabling ordinance designates the board of supervisors as the governing body of the public authority, it shall also require the appointment of an advisory committee of not more than 11 individuals who shall be designated in accordance with subparagraph (B).
(D) Prior to making designations of committee members pursuant to subparagraph (C), or governing body members in accordance with paragraph (4), the board of supervisors shall solicit recommendations of qualified members of either the governing body of the public authority or of any advisory committee through a fair and open process that includes the provision of reasonable written notice to, and a reasonable response time by, members of the general public and interested persons and organizations.
(4) If the enabling ordinance does not designate the board of supervisors as the governing body of the public authority, the enabling ordinance shall require the membership of the governing body to meet the requirements of subparagraph (B) of paragraph (3).
(c) (1) Any public authority created pursuant to this section shall be deemed to be the employer of in-home supportive services personnel referred to recipients under paragraph (3) of subdivision (e) within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. Recipients shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services to them.
(2) (A) Any nonprofit consortium contracting with a county pursuant to this section shall be deemed to be the employer of in-home supportive services personnel referred to recipients pursuant to paragraph (3) of subdivision (e) for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment.
(B) Recipients shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services for them.
(3) This subdivision, except for subparagraph (B) of paragraph (2), shall become inoperative on January 1, 2026.
(d) A public authority established pursuant to this section or a nonprofit consortium contracting with a county pursuant to this section, when providing for the delivery of services under this article by contract in accordance with Sections 12302 and 12302.1, by direct payment to a provider chosen by a recipient in accordance with Sections 12302 and 12302.2, or by way of a provider of waiver personal care services provided pursuant to Section 14132.97, shall comply with and be subject to, all statutory and regulatory provisions applicable to the respective delivery mode.
(e) Any nonprofit consortium contracting with a county pursuant to this section or any public authority established pursuant to this section shall provide for all of the following functions under this article, but shall not be limited to those functions:
(1) The provision of assistance to recipients in finding in-home supportive services personnel or waiver personal care services authorized pursuant to Section 14132.97 through the establishment of a registry.
(2) (A) (i) The investigation of the qualifications and background of potential personnel. Upon the effective date of the amendments to this section made during the 2009–10 Fourth Extraordinary Session of the Legislature, the investigation with respect to any provider in the registry or prospective registry applicant shall include criminal background checks requested by the nonprofit consortium or public authority and conducted by the Department of Justice pursuant to Section 15660, for those public authorities or nonprofit consortia using the agencies on the effective date of the amendments to this section made during the 2009–10 Fourth Extraordinary Session of the Legislature. Criminal background checks shall be performed no later than July 1, 2010, for any provider who is already on the registry on the effective date of amendments to this section made during the 2009–10 Fourth Extraordinary Session of the Legislature, for whom a criminal background check pursuant to this section has not previously been provided, as a condition of the provider’s continued enrollment in the IHSS program or the program authorizing waiver personal care services pursuant to Section 14132.97. Criminal background checks shall be conducted at the provider’s expense.
(ii) Upon notice from the Department of Justice notifying the public authority or nonprofit consortium that the prospective registry applicant has been convicted of a criminal offense specified in Section 12305.81, the public authority or nonprofit consortium shall deny the request to be placed on the registry for providing supportive services to any recipient of in-home supportive services or waiver personal care services authorized pursuant to Section 14132.97.
(iii) Commencing 90 days after the effective date of the act that adds Section 12305.87, and upon notice from the Department of Justice that an applicant who is subject to the provisions of that section has been convicted of, or incarcerated following conviction for, an offense described in subdivision (b) of that section, the public authority or nonprofit consortium shall deny the applicant’s request to become a provider of supportive services to any recipient of in-home supportive services or waiver personal care services, subject to the individual waiver and exception processes described in that section. An applicant who is denied on the basis of Section 12305.87 shall be informed by the public authority or nonprofit consortium of the individual waiver and exception processes described in that section.
(B) (i) Notwithstanding any other law, the public authority or nonprofit consortium shall provide an individual with a copy of the individual’s state-level criminal offender record information search response as provided to the entity by the Department of Justice if the individual has been denied placement on the registry for providing supportive services to any recipient of the In-Home Supportive Services program or waiver personal care services based on this information. The copy of the state-level criminal offender record information search response shall be included with the individual’s notice of denial. Along with the notice of denial, the public authority or public consortium shall also provide information in plain language on how an individual may contest the accuracy and completeness of, and refute any erroneous or inaccurate information in, their state-level criminal offender record information search response as provided by the Department of Justice as authorized by Section 11126 of the Penal Code. The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice.
(ii) The department shall develop a written appeal process for the current and prospective providers who are determined ineligible to receive payment for the provision of services in the In-Home Supportive Services Program or waiver personal care services. Notwithstanding any other law, the public authority or nonprofit consortium shall provide the department with a copy of the state-level criminal offender record information search response as provided to the entity by the Department of Justice for any individual who has requested an appeal of a denial of placement on the registry for providing supportive services to any recipient of in-home supportive services or waiver personal care services based on clause (ii) or (iii) of subparagraph (A). The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the department in its written request.
(C) This paragraph does not prohibit the Department of Justice from assessing a fee pursuant to Section 11105 or 11123 of the Penal Code to cover the cost of furnishing summary criminal history information.
(D) As used in this section, “nonprofit consortium” means a nonprofit public benefit corporation that has all powers necessary to carry out the delivery of in-home supportive services or waiver personal care services under the delegated authority of a government entity.
(E) A nonprofit consortium or a public authority authorized to secure a criminal background check clearance pursuant to this section shall accept a clearance for an applicant described in clause (i) of subparagraph (A) who has been deemed eligible by another nonprofit consortium, public authority, or county with criminal background check authority pursuant to either Section 12305.86 or this section, to receive payment for providing services pursuant to this article. Existence of a clearance shall be determined by verification through the case management, information, and payrolling system, that another county, nonprofit consortium, or public authority with criminal background check authority pursuant to Section 12305.86 or this section has deemed the current or prospective provider to be eligible to receive payment for providing services pursuant to this article.
(3) Establishment of a referral system under which in-home supportive services personnel or waiver personal care services personnel shall be referred to recipients.
(4) Providing for training for providers and recipients.
(5) (A) Performing any other functions related to the delivery of in-home supportive services or waiver personal care services.
(B) (i) Upon request of a recipient of in-home supportive services pursuant to this chapter, or a recipient of personal care services under the Medi-Cal program pursuant to Section 14132.95, a public authority or nonprofit consortium may provide a criminal background check on a nonregistry applicant or provider from the Department of Justice, in accordance with clause (i) of subparagraph (A) of paragraph (2) of subdivision (e). If the person who is the subject of the criminal background check is not hired or is terminated because of the information contained in the criminal background report, the provisions of subparagraph (B) of paragraph (2) of subdivision (e) shall apply.
(ii) A recipient of in-home supportive services pursuant to this chapter or a recipient of personal care services under the Medi-Cal program may elect to employ an individual as their service provider notwithstanding the individual’s record of previous criminal convictions, unless those convictions include any of the offenses specified in Section 12305.81.
(6) Ensuring that the requirements of the personal care option pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code are met.
(f) (1) Any nonprofit consortium contracting with a county pursuant to this section or any public authority created pursuant to this section shall be deemed not to be the employer of in-home supportive services personnel or waiver personal care services personnel referred to recipients under this section for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel or waiver personal care services personnel.
(2) A nonprofit consortium contracting with a county pursuant to this section or any public authority created pursuant to this section is not liable for the action or omission of any in-home supportive services personnel or waiver personal care services personnel whom the nonprofit consortium or public authority did not list on its registry or otherwise refer to a recipient.
(3) Counties and the state shall be immune from any liability resulting from their implementation of this section in the administration of the In-Home Supportive Services Program or in the administration of waiver personal care services authorized under Section 14132.97. Any obligation of the public authority or consortium pursuant to this section, whether statutory, contractual, or otherwise, shall be the obligation solely of the public authority or nonprofit consortium, and shall not be the obligation of the county or state.
(g) Any nonprofit consortium contracting with a county pursuant to this section shall ensure that it has a governing body that complies with the requirements of subparagraph (B) of paragraph (3) of subdivision (b) or an advisory committee that complies with subparagraphs (B) and (C) of paragraph (3) of subdivision (b).
(h) Recipients of services under this section may elect to receive services from in-home supportive services personnel or waiver personal care services personnel who are not referred to them by the public authority or nonprofit consortium. Those personnel shall be referred to the public authority or nonprofit consortium for the purposes of wages, benefits, and other terms and conditions of employment.
(i) (1) This section does not affect the state’s responsibility with respect to the state payroll system, unemployment insurance, or workers’ compensation and other provisions of Section 12302.2 for providers of in-home supportive services or for individuals who are employed by a recipient of waiver personal care services authorized under Section 14132.97.
(2) (A) The Controller shall make any deductions from the wages of in-home supportive services personnel or waiver personal care services personnel, who are employees of a public authority pursuant to paragraph (1) of subdivision (c), that are agreed to by that public authority in collective bargaining with the designated representative of the in-home supportive services personnel or waiver personal care services personnel pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code and transfer the deducted funds as directed in that agreement.
(B) This paragraph shall become inoperative on January 1, 2026.
(3) Any county that elects to provide in-home supportive services pursuant to this section shall be responsible for any increased costs to the in-home supportive services case management, information, and payrolling system attributable to that election. The department shall collaborate with any county that elects to provide in-home supportive services pursuant to this section prior to implementing the amount of financial obligation for which the county shall be responsible.
(j) To the extent permitted by federal law, personal care option funds, obtained pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code, along with matching funds using the state and county sharing ratio established in subdivision (c) of Section 12306, or any other funds that are obtained pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code, may be used to establish and operate an entity authorized by this section.
(k) Notwithstanding any other law, the county, in exercising its option to establish a public authority, shall not be subject to competitive bidding requirements. However, contracts entered into by either the county, a public authority, or a nonprofit consortium pursuant to this section shall be subject to competitive bidding as otherwise required by law.
(l) (1) The department may adopt regulations implementing this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of the regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law.
(2) Notwithstanding subdivision (h) of Section 11346.1 and Section 11349.6 of the Government Code, the department shall transmit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State.
(3) Except as otherwise provided for by Section 10554, the Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.
(m) (1) If a county elects to form a nonprofit consortium or public authority pursuant to subdivision (a) before the State Department of Health Care Services has obtained all necessary federal approvals pursuant to paragraph (3) of subdivision (j) of Section 14132.95, all of the following shall apply:
(A) Subdivision (d) shall apply only to those matters that do not require federal approval.
(B) The second sentence of subdivision (h) shall not be operative.
(C) The nonprofit consortium or public authority shall not provide services other than those specified in paragraphs (1), (2), (3), (4), and (5) of subdivision (e).
(2) Paragraph (1) shall become inoperative when the State Department of Health Care Services has obtained all necessary federal approvals pursuant to paragraph (3) of subdivision (j) of Section 14132.95.
(n) (1) One year after the effective date of the first approval by the department granted to the first public authority, the Bureau of State Audits shall commission a study to review the performance of that public authority.
(2) The study shall be submitted to the Legislature and the Governor not later than two years after the effective date of the approval specified in subdivision (a). The study shall give special attention to the health and welfare of the recipients under the public authority, including the degree to which all required services have been delivered, out-of-home placement rates, prompt response to recipient complaints, and any other issue the director deems relevant.
(3) The report shall make recommendations to the Legislature and the Governor for any changes to this section that will further ensure the well-being of recipients and the most efficient delivery of required services.
(o) Commencing July 1, 1997, the department shall provide annual reports to the appropriate fiscal and policy committees of the Legislature on the efficacy of the implementation of this section, and shall include an assessment of the quality of care provided pursuant to this section.
(p) (1) Notwithstanding any other law, and except as provided in paragraph (2), the department shall, no later than January 1, 2009, implement subparagraphs (A) and (B) through an all-county letter from the director:
(A) Subparagraphs (A) and (B) of paragraph (2) of subdivision (e).
(B) Subparagraph (B) of paragraph (5) of subdivision (e).
(2) The department shall, no later than July 1, 2009, adopt regulations to implement subparagraphs (A) and (B) of paragraph (1).
(q) The amendments made to paragraphs (2) and (5) of subdivision (e) made by the act that added this subdivision during the 2007–08 Regular Session of the Legislature shall be implemented only to the extent that an appropriation is made in the annual Budget Act or other statute, except for the amendments that added subparagraph (D) of paragraph (2) of subdivision (e), which shall go into effect January 1, 2009.
(r) (1) Notwithstanding any other law, a county or city and county, a public authority established pursuant to this section, or a nonprofit consortium contracting with a county pursuant to this section, when providing for the delivery of services under this article by contract in accordance with Sections 12302 and 12302.1, by direct payment to a provider chosen by a recipient in accordance with Sections 12302 and 12302.2, or by way of a provider of waiver personal care services provided pursuant to Section 14132.97, shall comply with, and be subject to, all provisions of any memorandum of understanding or addenda, appendices, or side letters thereto between the state and recognized employee organizations, as defined in Title 26 (commencing with Section 110000) of the Government Code. The state shall assume, and is liable for, any act by a county or city and county, a public authority established pursuant to this section, or a nonprofit consortium contracting with a county, that is in violation of a memorandum of understanding or addenda, appendices, or side letters. Those violations may be adjusted through a grievance procedure contained in a memorandum of understanding between the state and recognized employee organizations. The remedies provided in this paragraph are cumulative and not exclusive of other remedies.
(2) This subdivision shall become operative on January 1, 2026.
SEC. 11.
Section 12301.61 of the Welfare and Institutions Code is amended to read:12301.61.
(a) On or after October 1, 2023, if a public authority or nonprofit consortium established pursuant to Section 12301.6, acting as the employer of record, and the employee organization have not reached an agreement on a bargaining contract with in-home supportive services workers, either party may request mediation, pursuant to Section 3505.2 of the Government Code, which shall be mandatory. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c). The mediation shall be held no more than 15 business days from the date requested by either party.(b) If the parties are unable to effect settlement through mediation, as described in subdivision (a), the parties shall submit their differences to factfinding, pursuant to Sections 3505 and 3505.4 of the Government Code. Alternatively, if both parties agree, the parties may bypass the mediation process in subdivision (a) and move directly to factfinding.
(1) The factfinding panel shall make findings of fact and recommend terms of settlement, which shall be advisory only, within 30 days after the panel is appointed by the Public Employment Relations Board.
(2) Within 15 days after the factfinding panel has released its findings of fact and recommended settlement terms, either party may request postfactfinding mediation consistent with Section 3505.2 of the Government Code, which shall be mandatory. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c).
(3) If either party elects postfactfinding mediation, the findings of fact and recommended settlement terms shall not be made public until the mediation has concluded.
(4) Mediation shall be held no more than 15 days from the date requested, and may include, at the mediator’s discretion, the factfinding panel and representatives of both parties. The director, or the director’s designee, shall be available to provide information and expertise, as necessary.
(5) The county board of supervisors shall hold a public hearing within 30 days of the factfinding panel’s public release of its findings of fact and recommended settlement terms.
(c) The Public Employment Relations Board shall designate a pool of no more than five qualified individuals to serve as mediators or on a factfinding panel. The pool shall consist of individuals with relevant subject matter expertise. The board shall select individuals for the pool in consultation with the department and the affected employers and employee organizations. Priority shall be given to individuals with knowledge of the In-Home Supportive Services Program. The board may designate the mediator to serve as the neutral member of the factfinding panel.
(d) The costs for the services of the factfinding panel and the mediator shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses.
(e) If no individual is available to serve as a mediator or factfinder within the timelines specified in this section, the timelines shall be extended until the next mediator or factfinder is available.
(f) A county shall be subject to a withholding of 1991 Realignment funds as described in subdivision (h) pursuant to a schedule developed by the Department of Finance and provided to the Controller if all of the following conditions are met:
(1) The parties have completed the process described in subdivisions (a) to (c), inclusive.
(2) The factfinding panel has issued findings of fact and recommended settlement terms that are more favorable to the employee organization than those proposed by the employer of record described in subdivision (a).
(3) The parties do not reach a collective bargaining agreement within 90 days after the release of the factfinding panel’s recommended settlement terms described in paragraph (2). The parties shall make every good faith effort to reach an alternative mutually accepted agreement within this timeframe.
(4) The collective bargaining agreement for IHSS providers in the county has expired.
(g) The Public Employment Relations Board shall provide written notification to the county and the employee organization within 15 days of determining that the county is subject to a withholding pursuant to subdivision (f). The board shall also notify the Department of Finance and the State Controller of the withholding assessment.
(h) The amount of the 1991 Realignment funding withholding pursuant to subdivision (f) shall be equivalent to 10 percent of the county’s prior fiscal year IHSS Maintenance of Effort requirement, as reported by the department, prior to applying any offsets pursuant to Section 12306.17. This withholding shall continue once per fiscal year, each fiscal year, until the county enters into a collective bargaining agreement with the employee organization.
(i) This section shall become operative on October 1, 2023.
(j) This section shall become inoperative on January 1, 2026.
SEC. 12.
Section 12306.16 of the Welfare and Institutions Code, as amended by Section 5 of Chapter 7 of the Statutes of 2025, is amended to read:12306.16.
(a) Commencing July 1, 2019, all counties shall have a rebased County IHSS Maintenance of Effort (MOE).(b) (1) The statewide total rebased County IHSS MOE base for the 2019–20 fiscal year shall be established at one billion five hundred sixty-three million two hundred eighty-two thousand dollars ($1,563,282,000).
(2) The Department of Finance shall consult with the department and the California State Association of Counties to determine each county’s share of the statewide total rebased County IHSS MOE base amount. The rebased County IHSS MOE base shall be unique to each individual county.
(3) (A) The amount of General Fund moneys available for county administration and public authority administration is limited to the amount of General Fund moneys appropriated for those specific purposes in the annual Budget Act, and increases to this amount do not impact the rebased County IHSS MOE.
(B) The state shall pay 100 percent of the allowable nonfederal share of county administration and public authority administration costs for each county. The state shall also pay 100 percent of the nonfederal share of county administration and public authority administration costs for each county of any administration costs resulting from the provisions of any memorandum of understanding, or addenda, appendices, or side letters thereto, between the state and recognized employee organizations, as defined in Section 110003 of the Government Code. Once the county’s share of the appropriated General Fund moneys is exhausted, the county shall pay 100 percent of the remaining nonfederal share of county administration and public authority administration costs. Each county shall pay 100 percent of any costs for public authority administration that are in excess of the county’s approved rate approved pursuant to subdivision (a) of Section 12306.1. At the end of the fiscal year, any remaining unspent General Fund moneys allocated for IHSS county administration or public authority administration shall be redistributed through a methodology determined in conjunction with the County Welfare Directors Association of California or the California Association of Public Authorities.
(C) Amounts expended by a county or public authority on administration in excess of the amount described in subparagraphs (A) and (B) shall not be attributed towards the county meeting its rebased County IHSS MOE requirement.
(D) The department shall consult with the California State Association of Counties, the County Welfare Directors Association of California, and the California Association of Public Authorities to determine the county-by-county distribution of the amount of General Fund moneys appropriated in the annual Budget Act for county administration and public authority administration.
(c) Beginning on July 1, 2020, and annually thereafter, the rebased County IHSS MOE from the previous year shall be adjusted by an inflation factor of 4 percent.
(d) In addition to the adjustment in subdivision (c), the rebased County IHSS MOE shall be adjusted for the annualized cost of increases in provider wages, health benefits, or other benefits that are locally negotiated, mediated, or imposed, on or after July 1, 2019, including any increases in provider wages, health benefits, or other benefits adopted by ordinance pursuant to Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code or any future increases resulting from the same, including increases to health benefit premiums. For health benefit premium increases only, for any memorandum of understanding or collective bargaining agreement between the recognized employee organization and the county, public authority, or nonprofit consortium, executed or extended and submitted to the department for approval prior to July 1, 2019, through the end date, as specified in the memorandum of understanding or collective bargaining agreement described in this subdivision, the state shall cover 100 percent of the nonfederal share of health benefit premium increases, and there shall not be an adjustment to the rebased County IHSS MOE.
(1) (A) If the department approves the rate for an increase in provider wages or health benefits that are locally negotiated, mediated, imposed, or adopted by ordinance pursuant to Section 12306.1, the state shall pay 65 percent, and the affected county shall pay 35 percent, of the nonfederal share of the cost increase, in accordance with subparagraph (B).
(B) With respect to any increase in provider wages or health benefits approved on or after July 1, 2019, pursuant to subparagraph (A), the state shall participate in that increase as provided in subparagraph (A) up to the amount specified in paragraphs (1), (2), and (3) of subdivision (d) of Section 12306.1. The county shall pay the entire nonfederal share of any cost increase exceeding the amount specified in paragraphs (1), (2), and (3) of subdivision (d) of Section 12306.1.
(C) With respect to an increase in benefits, other than individual health benefits, locally negotiated, mediated, or imposed by a county, public authority, or nonprofit consortium, or adopted by ordinance, the county’s County IHSS MOE shall include a one-time adjustment equal to 35 percent of the nonfederal share of the increased benefit costs. If the department, in consultation with the California State Association of Counties, determines that the increase is one in which the state does not participate, the county’s County IHSS MOE shall include a one-time adjustment for the entire nonfederal share.
(2) If the department does not approve the rate for an increase in provider wages or health benefits, or increase in other benefits pursuant to subparagraph (C) of paragraph (1), that are locally negotiated, mediated, imposed, or adopted by ordinance pursuant to Section 12306.1, or increase to the public authority administrative rate, the county shall pay the entire cost of the increase.
(3) The county share of increased expenditures pursuant to subparagraphs (A) to (C), inclusive, of paragraph (1), shall be included in the rebased County IHSS MOE, in addition to the amount established under subdivision (c). For any increase in provider wages or health benefits, or increase in other benefits pursuant to subparagraph (C) of paragraph (1), that becomes effective on a date other than July 1, the department shall adjust the county’s rebased County IHSS MOE to reflect the annualized cost of the county’s share of the nonfederal cost of the wage or health benefit increase. This adjustment shall be calculated based on the county’s 2019–20 paid IHSS hours and the appropriate cost-sharing ratio as grown by the applicable number of inflation factors pursuant to subdivision (c) that have occurred up to and including the fiscal year in which the increase becomes effective.
(4) (A) With respect to any rate increases to existing contracts that a county has already entered into pursuant to Section 12302, the state shall pay 65 percent, and the affected county shall pay 35 percent, of the nonfederal share of the amount of the rate increase up to the maximum amounts established pursuant to Sections 12302.1 and 12303. The county shall pay the entire nonfederal share of any portion of the rate increase exceeding the maximum amount established pursuant to Sections 12302.1 and 12303. This adjustment shall be calculated based on the county’s 2019–20 paid IHSS contract hours, or the paid contract hours in the fiscal year in which the contract becomes effective if the contract becomes effective on or after July 1, 2019, using the appropriate cost-sharing ratio as grown by the applicable number of inflation factors pursuant to subdivision (c) that have occurred up to and including the fiscal year in which the increase becomes effective.
(B) With respect to rates for new contracts entered into by a county pursuant to Section 12302 on or after July 1, 2019, the state shall pay 65 percent, and the affected county shall pay 35 percent, of the nonfederal share of the difference between the locally negotiated, mediated, imposed, or adopted by ordinance provider wage and the contract rate for all of the hours of service to IHSS recipients to be provided under the contract up to the maximum amounts established pursuant to Sections 12302.1 and 12303. The county shall pay the entire nonfederal share of any portion of the contract rate exceeding the maximum amount established pursuant to Sections 12302.1 and 12303. This adjustment shall be calculated based on the county’s paid contract hours in the fiscal year in which the contract becomes effective using the appropriate cost-sharing ratio.
(5) The county share of the expenditures described in paragraph (4) shall be included in the rebased County IHSS MOE, in addition to the amounts established under subdivision (c). For any rate increases for existing contracts or rates for new contracts, entered into by a county pursuant to Section 12302 on or after July 1, 2019, that become effective on a date other than July 1, the department shall adjust the county’s rebased County IHSS MOE to reflect the annualized cost of the county’s share of the nonfederal cost of the increase or rate for new contracts. This adjustment shall be calculated as follows:
(A) For a contract described in subparagraph (A) of paragraph (4), the first-year cost of the amount of the rate increase calculated using the pro rata share of the number of hours of service provided in the contract for the fiscal year in which the increase became effective.
(B) For a contract described in subparagraph (B) of paragraph (4), the first-year cost of the difference between the locally negotiated, mediated, imposed, or adopted by ordinance provider wage and the contract rate for all of the hours of service to IHSS recipients calculated using the pro rata share of the number of hours of service provided in the contract for the fiscal year in which the contract became effective.
(6) If the state ceases to receive enhanced federal financial participation for the provision of services pursuant to Section 1915(k) of the federal Social Security Act (42 U.S.C. Sec. 1396n(k)), the rebased County IHSS MOE shall be adjusted one time to reflect a 35-percent share of the enhanced federal financial participation that would have been received pursuant to Section 1915(k) of the federal Social Security Act (42 U.S.C. Sec. 1396n(k)) for the fiscal year in which the state ceases to receive the enhanced federal financial participation.
(7) Beginning July 1, 2026, if the state ceases to receive enhanced federal financial participation for the provision of services pursuant to Section 1915(k) of the federal Social Security Act (42 U.S.C. Sec. 1396n(k)) due to noncompliance of timely case reassessment for the Community First Choice Option program, the county shall pay, separate from the rebased County IHSS MOE payment, a 100-percent share of the enhanced federal financial participation that would have been received pursuant to Section 1915(k) of the federal Social Security Act (42 U.S.C. Sec. 1396n(k)) for the months in which the state did not receive the enhanced federal financial participation. For the 2025–26 fiscal year, the state and county shall each pay 50 percent of the amount of lost enhanced federal financial participation described in this paragraph. The department shall develop guidance, in consultation with the County Welfare Directors Association of California, to implement this paragraph.
(8) The rebased County IHSS MOE shall not be adjusted for increases in individual provider wages that are locally negotiated pursuant to subdivision (a) of, and paragraphs (1) and (2) of subdivision (d) of, Section 12306.1 when the increase has been specifically negotiated to take effect at the same time as, and to be the same amount as, state minimum wage increases.
(9) (A) A county may negotiate a wage supplement.
(i) The wage supplement shall be in addition to the highest wage rate paid in the county.
(ii) The first time the wage supplement is applied, the county’s rebased County IHSS MOE shall include a one-time adjustment by the amount of the increased cost resulting from the supplement, as specified in paragraph (1).
(B) A wage supplement negotiated pursuant to subparagraph (A) shall subsequently be applied to the minimum wage when the minimum wage increase is equal to or exceeds the county wage paid without inclusion of the wage supplement and the increase to the county wage paid takes effect at the same time as the minimum wage increase.
(10) The Department of Finance shall consult with the California State Association of Counties to develop the computations for the annualized amounts pursuant to this subdivision.
(e) The rebased County IHSS MOE shall only be adjusted pursuant to subdivisions (c) and (d). The rebased County IHSS MOE shall not be adjusted based on any provision of any memorandum of understanding, or addenda, appendices, or side letters thereto, between the state and recognized employee organizations, as defined in Section 110003 of the Government Code.
SEC. 12.SEC. 13.
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that certain personal information regarding persons paid by the state to provide in-home supportive and related social services is made available, upon request, to an exclusive bargaining agent and employee organization seeking representation rights for purposes of collective bargaining.
SEC. 13.SEC. 14.
To allow arbitration proceedings to be conducted under the In-Home Supportive Services Employer-Employee Relations Act in conformity with law governing the arbitration process, it is necessary to allow the arbitration board to meet privately with parties as necessary to address issues in dispute.
SEC. 14.SEC. 15.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Text of AB 283 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions