Amended IN Assembly March 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member MaienscheinFebruary 07, 2019 An act to amend Section 12301.1 of, and to repeal Section 12309.1 of of, the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Maienschein. In-Home Supportive Services program: medical certification. program.Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services to permit them to remain in their own homes. Under Existing law requires a county welfare department to assess each recipients continuing monthly need for in-home supportive services at varying intervals, but at least once every 12 months. Existing law authorizes a county to reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.This bill would require a reduction of a recipients monthly authorized number of service hours to be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours. Under existing law, the Medi-Cal program, similar services are provided program provides services similar to those offered through the IHSS program, to eligible individuals, with these services known as personal care option services. Existing law requires an applicant for, or recipient of, either of these in-home supportive services to, services, as a condition of receiving these services, to obtain a certification from a licensed health care professional, as specified, declaring that the applicant or recipient is unable to perform some activities of daily living independently, and that without services to assist the applicant or recipient with activities of daily living, the applicant or recipient is at risk of placement in out-of-home care.This bill would repeal that requirement to obtain a certification from a licensed health care professional as a condition of receiving in-home supportive services. ToTo the extent that the bill would impose additional duties on counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12301.1 of the Welfare and Institutions Code is amended to read:12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.(B) The language to be used for notices about the process.(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:(A) The recipient has had at least one reassessment since the initial program intake assessment.(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.(F) The recipient has not had a change in provider or providers for at least six months.(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.(H) The recipient has not been hospitalized within the last three months.(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.SECTION 1.SEC. 2. Section 12309.1 of the Welfare and Institutions Code is repealed.SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains 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.
Amended IN Assembly March 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member MaienscheinFebruary 07, 2019 An act to amend Section 12301.1 of, and to repeal Section 12309.1 of of, the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Maienschein. In-Home Supportive Services program: medical certification. program.Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services to permit them to remain in their own homes. Under Existing law requires a county welfare department to assess each recipients continuing monthly need for in-home supportive services at varying intervals, but at least once every 12 months. Existing law authorizes a county to reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.This bill would require a reduction of a recipients monthly authorized number of service hours to be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours. Under existing law, the Medi-Cal program, similar services are provided program provides services similar to those offered through the IHSS program, to eligible individuals, with these services known as personal care option services. Existing law requires an applicant for, or recipient of, either of these in-home supportive services to, services, as a condition of receiving these services, to obtain a certification from a licensed health care professional, as specified, declaring that the applicant or recipient is unable to perform some activities of daily living independently, and that without services to assist the applicant or recipient with activities of daily living, the applicant or recipient is at risk of placement in out-of-home care.This bill would repeal that requirement to obtain a certification from a licensed health care professional as a condition of receiving in-home supportive services. ToTo the extent that the bill would impose additional duties on counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 04, 2019
Amended IN Assembly March 04, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 426
Introduced by Assembly Member MaienscheinFebruary 07, 2019
Introduced by Assembly Member Maienschein
February 07, 2019
An act to amend Section 12301.1 of, and to repeal Section 12309.1 of of, the Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 426, as amended, Maienschein. In-Home Supportive Services program: medical certification. program.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services to permit them to remain in their own homes. Under Existing law requires a county welfare department to assess each recipients continuing monthly need for in-home supportive services at varying intervals, but at least once every 12 months. Existing law authorizes a county to reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.This bill would require a reduction of a recipients monthly authorized number of service hours to be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours. Under existing law, the Medi-Cal program, similar services are provided program provides services similar to those offered through the IHSS program, to eligible individuals, with these services known as personal care option services. Existing law requires an applicant for, or recipient of, either of these in-home supportive services to, services, as a condition of receiving these services, to obtain a certification from a licensed health care professional, as specified, declaring that the applicant or recipient is unable to perform some activities of daily living independently, and that without services to assist the applicant or recipient with activities of daily living, the applicant or recipient is at risk of placement in out-of-home care.This bill would repeal that requirement to obtain a certification from a licensed health care professional as a condition of receiving in-home supportive services. ToTo the extent that the bill would impose additional duties on counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services to permit them to remain in their own homes. Under Existing law requires a county welfare department to assess each recipients continuing monthly need for in-home supportive services at varying intervals, but at least once every 12 months. Existing law authorizes a county to reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.
This bill would require a reduction of a recipients monthly authorized number of service hours to be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.
Under existing law, the Medi-Cal program, similar services are provided program provides services similar to those offered through the IHSS program, to eligible individuals, with these services known as personal care option services. Existing law requires an applicant for, or recipient of, either of these in-home supportive services to, services, as a condition of receiving these services, to obtain a certification from a licensed health care professional, as specified, declaring that the applicant or recipient is unable to perform some activities of daily living independently, and that without services to assist the applicant or recipient with activities of daily living, the applicant or recipient is at risk of placement in out-of-home care.
This bill would repeal that requirement to obtain a certification from a licensed health care professional as a condition of receiving in-home supportive services. To
To the extent that the bill would impose additional duties on counties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12301.1 of the Welfare and Institutions Code is amended to read:12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.(B) The language to be used for notices about the process.(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:(A) The recipient has had at least one reassessment since the initial program intake assessment.(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.(F) The recipient has not had a change in provider or providers for at least six months.(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.(H) The recipient has not been hospitalized within the last three months.(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.SECTION 1.SEC. 2. Section 12309.1 of the Welfare and Institutions Code is repealed.SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12301.1 of the Welfare and Institutions Code is amended to read:12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.(B) The language to be used for notices about the process.(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:(A) The recipient has had at least one reassessment since the initial program intake assessment.(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.(F) The recipient has not had a change in provider or providers for at least six months.(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.(H) The recipient has not been hospitalized within the last three months.(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.
SECTION 1. Section 12301.1 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.(B) The language to be used for notices about the process.(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:(A) The recipient has had at least one reassessment since the initial program intake assessment.(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.(F) The recipient has not had a change in provider or providers for at least six months.(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.(H) The recipient has not been hospitalized within the last three months.(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.
12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.(B) The language to be used for notices about the process.(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:(A) The recipient has had at least one reassessment since the initial program intake assessment.(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.(F) The recipient has not had a change in provider or providers for at least six months.(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.(H) The recipient has not been hospitalized within the last three months.(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.
12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.(B) The language to be used for notices about the process.(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:(A) The recipient has had at least one reassessment since the initial program intake assessment.(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.(F) The recipient has not had a change in provider or providers for at least six months.(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.(H) The recipient has not been hospitalized within the last three months.(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.
12301.1. (a) The department shall adopt regulations establishing a uniform range of services available to all eligible recipients based upon individual needs. The availability of services under these regulations is subject to the provisions of Section 12301 and county plans developed pursuant to Section 12302.
(b) (1) The county welfare department shall assess each recipients continuing monthly need for in-home supportive services at varying intervals as necessary, but at least once every 12 months. The results of this assessment of monthly need for hours of in-home supportive services shall be divided by 4.33, to establish a recipients weekly authorized number of hours of in-home supportive services, subject to any of the following, as applicable:
(A) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may adjust the authorized weekly hours of a recipient for any particular week for known recurring or periodic needs of the recipient.
(B) Within the limit of the assessed monthly need for hours of in-home supportive services, a county welfare department may temporarily adjust the authorized weekly hours of a recipient at the request of the recipient, to accommodate unexpected extraordinary circumstances, including, but not limited to, a situation arising out of a natural disaster.
(C) In addition to the flexibility provided to a recipient pursuant to subparagraph (C) of paragraph (4) of subdivision (b) of Section 12300.4, a recipient may request the county welfare department to adjust his or her the weekly authorized hours of services to exceed 40 hours of weekly authorized hours of services per week, within his or her the recipients total monthly authorized hours of services. A request for adjustment may be made retroactive to the hours actually worked. The county welfare department shall not unreasonably withhold approval of a recipient request made pursuant to this subparagraph.
(2) For purposes of subparagraph (C) of paragraph (1), and prior to its implementation, the State Department of Social Services shall develop a process for requests made pursuant to that subparagraph. The process shall include all of the following:
(A) The procedure, standards, and timeline for making a request to adjust the authorized weekly hours of service for a recipient described in this section.
(B) The language to be used for notices about the process.
(C) Provisions for adjustments to authorization, and for authorization after services have been provided, when the criteria for approval have been met.
(D) A requirement that the opportunity for a revision to the limitations of this section shall be discussed at each annual reassessment, and also may be authorized by the county welfare department outside of the reassessment process.
(3) Recipients shall be timely informed of their total monthly and weekly authorized hours.
(4) The weekly authorization of services defined in this section shall be used solely for the purposes of ensuring compliance with the federal Fair Labor Standards Act and its implementing regulations.
(5) 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 department may implement, interpret, or make specific this subdivision by means of all-county letters, or similar instructions, without taking any regulatory action.
(c) (1) Notwithstanding subdivision (b), at the countys option, assessments may be extended, on a case-by-case basis, for up to six months beyond the regular 12-month period, provided that the county documents that all of the following conditions exist:
(A) The recipient has had at least one reassessment since the initial program intake assessment.
(B) The recipients living arrangement has not changed since the last annual reassessment and the recipient lives with others, or has regular meaningful contact with persons other than his or her the recipients service provider.
(C) The recipient or, if the recipient is a minor, his or her the recipients parent or legal guardian, or if incompetent, his or her the recipients conservator, is able to satisfactorily direct the recipients care.
(D) There has not been a known change in the recipients supportive service needs within the previous 24 months.
(E) A report has not been made to, and there has been no involvement of, an adult protective services agency or agencies since the county last assessed the recipient.
(F) The recipient has not had a change in provider or providers for at least six months.
(G) The recipient has not reported a change in his or her need for supportive services that requires a reassessment.
(H) The recipient has not been hospitalized within the last three months.
(2) If some, but not all, of the conditions specified in paragraph (1) are met, the county may consider other factors in determining whether an extended assessment interval is appropriate, including, but not limited to, involvement in the recipients care of a social worker, case manager, or other similar representative from another human services agency, such as including a regional center or county mental health program, or communications, or other instructions from a physician or other licensed health care professional that the recipients medical condition is unlikely to change.
(3) (A) A county may reassess a recipients need for services at a time interval of less than 12 months from a recipients initial intake or last assessment if the county social worker has information indicating that the recipients need for services is expected to decrease in less than 12 months.
(B) A reduction of a recipients monthly authorized number of service hours shall be based solely on a verified change of a recipients medical condition, a change in the recipients living arrangements, a change in the recipients functionality, a change in the recipients circumstances, a change in the law, or an error in computing a recipients monthly authorized number of service hours.
(d) A county shall assess a recipients need for supportive services any time that the recipient notifies the county of a need to adjust the supportive services hours authorized, or if there are other indications or expectations of a change in circumstances affecting the recipients need for supportive services.
(e) (1) 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, until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions from the director. The department shall adopt emergency regulations implementing this section no later than September 30, 2005, unless notification of a delay is made to the Chair of the Joint Legislative Budget Committee prior to that date. The notification shall include the reason for the delay, the current status of the emergency regulations, a date by which the emergency regulations shall be adopted, and a statement of need to continue use of all-county letters or similar instructions. The adoption of emergency regulations shall not be delayed, or the use of all-county letters or similar instructions be extended, beyond June 30, 2006.
(2) The adoption of regulations implementing this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days by which time final regulations shall be adopted. The department shall seek input from the entities listed in Section 12305.72 when developing all-county letters or similar instructions and the regulations.
SECTION 1.SEC. 2. Section 12309.1 of the Welfare and Institutions Code is repealed.
SECTION 1.SEC. 2. Section 12309.1 of the Welfare and Institutions Code is repealed.
### SECTION 1.SEC. 2.
SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains 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.
SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains 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.
SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains 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.
### SEC. 2.SEC. 3.