Bill Text: CA AB248 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Individuals with disabilities: The Dignity for All Act.
Spectrum: Moderate Partisan Bill (Democrat 11-3)
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 797, Statutes of 2023. [AB248 Detail]
Download: California-2023-AB248-Amended.html
Section 14670.1 of the Government Code is amended to read:
Section 20405 of the Government Code is amended to read:
Section 1267.11 of the Health and Safety Code is amended to read:
Section 4509 of the Welfare and Institutions Code is repealed.
Section 14110.6 of the Welfare and Institutions Code is amended to read:
Bill Title: Individuals with disabilities: The Dignity for All Act.
Spectrum: Moderate Partisan Bill (Democrat 11-3)
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 797, Statutes of 2023. [AB248 Detail]
Download: California-2023-AB248-Amended.html
|
Amended
IN
Assembly
February 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 248
| Introduced by Assembly Members Mathis, Bryan, Grayson, Weber, and Wicks (Coauthors: Assembly Members Arambula, Mike Fong, McCarty, and Stephanie Nguyen) (Coauthors: Senators Becker, Limón, Niello, Ochoa Bogh, and Wiener) |
January 18, 2023 |
An act to amend Sections 14670.1 and 20405 of the Government Code, to amend Section 1267.11 of the Health and Safety Code, and to amend Section 14110.6 of, and to repeal Section 4509 of, the Welfare and Institutions Code, relating to individuals with intellectual or developmental disabilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 248, as amended, Mathis.
Individuals with intellectual or developmental disabilities. disabilities: The Dignity for All Act.
Existing law includes the terms “mentally retarded persons,” “mentally retarded children,” and “retardation.”
This bill bill, The Dignity for All Act, would make nonsubstantive changes to those provisions to eliminate this obsolete terminology. The bill would repeal obsolete provisions of law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as The Dignity for All Act.SECTION 1.SEC. 2.
Section 14670.1 of the Government Code is amended to read:14670.1.
Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of State Hospitals, may let to a nonprofit corporation, for the purpose of conducting an educational and work program for individuals with intellectual or developmental disabilities, and for a period not to exceed 50 years, real property not exceeding 10 acres located within the grounds of the Napa State Hospital.The lease authorized by this section shall be nonassignable and shall be subject to periodic review every five years. This review shall be made by the Director of General Services, who shall do both of the following:
(a) Assure the state that the
original purposes of the lease are being carried out.
(b) Determine what, if any, adjustment should be made in the terms of the lease.
The lease shall also provide for an initial capital outlay by the lessee of thirty thousand dollars ($30,000) prior to January 1, 1976. Such capital outlay may be, or may have been, contributed before or after the effective date of the act adding this section.
SEC. 2.SEC. 3.
Section 20405 of the Government Code is amended to read:20405.
(a) “State safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in the following classifications:Classification | |
|---|---|
Code | Classification |
0683 | Assistant Dairy Operator |
2156 | Assistant Food Manager (Correctional Facility) |
4302 | Assistant General Manager, Operations |
2080 | Assistant Seamer (Correctional Facility) |
5447 | Assistant Warden, Psychiatric Services, Correctional Facility |
6868 | Automobile Mechanic (Correctional Facility) |
6394 | Automotive Equipment Operator I (Correctional Facility) |
6392 | Automotive Equipment Operator II (Correctional Facility) |
6893 | Automotive Pool Manager I (Correctional Facility) |
2224 | Baker I (Correctional Facility) |
2221 | Baker II (Correctional Facility) |
2086 | Barber (Correctional Facility) |
2084 | Barbershop Manager (Correctional Facility) |
6216 | Building Maintenance Worker (Correctional Facility) |
2245 | Butcher–Meat Cutter II
(Correctional Facility) |
6483 | Carpenter I (Correctional Facility) |
6474 | Carpenter II (Correctional Facility) |
6471 | Carpenter III (Correctional Facility) |
2015 | Chief
Assistant General Manager, Prison Industries |
4110 | Chief, Day Labor Programs (Correctional Facility) |
9344 | Chief Dentist, Correctional Facility |
2578 | Chief Deputy, Clinical Services, Correctional Facility |
6699 | Chief Engineer I (Correctional Facility) |
7547 | Chief Medical Officer, Correctional Facility |
6754 | Chief of Plant Operation I (Correctional Facility) |
6751 | Chief of Plant Operation II (Correctional Facility) |
6748 | Chief of Plant Operation III (Correctional Facility) |
9267 | Chief Physician and Surgeon, Correctional Facility |
7612 | Chief Psychiatrist, Correctional Facility |
9859 | Chief
Psychologist, Correctional Facility |
7146 | Chief, Quality Assurance, Prison Industries |
9279 | Clinical Dietician, Correctional Facility |
9293 | Clinical Laboratory Technologist, Correctional Facility |
4132 | Construction Supervisor (Correctional Facility) |
4107 | Construction Supervisor I (Correctional Facility) |
4108 | Construction Supervisor II (Correctional Facility) |
4109 | Construction Supervisor III (Correctional Facility) |
2187 | Cook I (Correctional Facility) |
2186 | Cook II (Correctional Facility) |
7208 | Correctional Business Manager I, Department of Corrections |
4744 | Correctional Business Manager
II, Department of Corrections |
4910 | Correctional Health Services Administrator I, Correctional Facility |
4912 | Correctional Health Services Administrator II, Correctional Facility |
6304 | Correctional Plant Manager I, Department of Corrections |
6305 | Correctional Plant Manager II, Department of Corrections |
6303 | Correctional Plant Supervisor, Department of Corrections |
9296 | Dental Assistant, Correctional Facility |
9298 | Dental Hygienist, Correctional Facility |
9299 | Dental Laboratory Technician, Correctional Facility |
9268 | Dentist, Correctional Facility |
7200 | Dry Cleaning Plant Supervisor |
6544 | Electrician I (Correctional Facility) |
6538 | Electrician II (Correctional Facility) |
6534 | Electrician III (Correctional Facility) |
6916 | Electronics Technician (Correctional Facility) |
6865 | Equipment Maintenance Supervisor (Correctional Facility) |
2153 | Food Administrator I (Correctional Facility) |
2147 | Food Administrator II (Correctional Facility) |
2150 | Food Manager (Correctional Facility) |
2196 | Food Service Worker I (Correctional Facility) |
2195 | Food Service Worker II (Correctional Facility) |
6955 | Fusion Welder (Correctional Facility) |
6628 | Glazier (Correctional
Facility) |
0743 | Groundskeeper (Correctional Facility) |
6826 | Heavy Equipment Mechanic (Correctional Facility) |
6379 | Heavy Truck Driver (Correctional Facility) |
9307 | Hospital Aid, Correctional Facility |
7218 | Industrial Supervisor, Prison Industries (Bindery) |
0648 | Industrial Supervisor, Prison Industries (Crop Farm) |
0682 | Industrial Supervisor, Prison Industries (Dairy) |
7204 | Industrial Supervisor, Prison Industries (Dental Laboratory) |
7198 | Industrial Supervisor, Prison Industries (Fabric Products) |
7211 | Industrial Supervisor, Prison Industries (Knit Goods Finishing) |
7210 | Industrial Supervisor, Prison Industries (Knitting Mill) |
2109 | Industrial Supervisor, Prison Industries (Laundry) |
7215 | Industrial Supervisor, Prison Industries (Maintenance and Repair) |
7197 | Industrial Supervisor, Prison Industries (Mattress and Bedding) |
7191 | Industrial Supervisor, Prison Industries (Metal Fabrication) |
7216 | Industrial Supervisor, Prison Industries (Printing) |
7207 | Industrial Supervisor, Prison Industries (Shoe Manufacturing) |
7206 | Industrial Supervisor, Prison Industries (Shoes and Boots, Lasting to Packing) |
7321 | Industrial Supervisor, Prison Industries (Silkscreen) |
7192 | Industrial Supervisor, Prison Industries (Tool and Die) |
7179 | Industrial Supervisor, Prison Industries
(Upholstery) |
7178 | Industrial Supervisor, Prison Industries (Wood Products) |
2006 | Janitor (Correctional Facility) |
2005 | Janitor Supervisor I (Correctional Facility) |
2004 | Janitor Supervisor II (Correctional Facility) |
2000 | Janitor Supervisor III (Correctional Facility) |
9265 | Laboratory Assistant, Correctional Facility |
2727 | Language, Speech and Hearing Specialist |
2114 | Laundry Supervisor I (Correctional Facility) |
2111 | Laundry Supervisor II (Correctional Facility) |
2117 | Laundry Worker (Correctional Facility) |
6867 | Lead Automobile Mechanic
(Correctional Facility) |
0720 | Lead Groundskeeper (Correctional Facility) |
0718 | Lead Groundskeeper I (Correctional Facility) |
2952 | Librarian (Correctional Facility) |
6643 | Locksmith I (Correctional Facility) |
6801 | Machinist (Correctional Facility) |
6941 | Maintenance Mechanic (Correctional Facility) |
6617 | Mason (Correctional Facility) |
1508 | Materials and Stores Supervisor I (Correctional Facility) |
1505 | Materials and Stores Supervisor II (Correctional Facility) |
8217 | Medical Technical Assistant, Correctional Facility |
9273 | Nurse Anesthetist, Correctional Facility |
9353 | Nurse Instructor, Correctional Facility |
9278 | Nurse Practitioner, Correctional Facility |
9280 | Occupational Therapist, Correctional Facility |
7971 | Optometrist, Correctional Facility |
6528 | Painter I (Correctional Facility) |
6524 | Painter II (Correctional Facility) |
6521 | Painter III (Correctional Facility) |
7199 | Pest Control Technician (Correctional Facility) |
9281 | Physical Therapist I, Correctional Facility |
9342 | Physical Therapist II, Correctional Facility |
9269 | Physician and Surgeon, Correctional Facility |
6550 | Plumber I (Correctional Facility) |
6594 | Plumber II (Correctional Facility) |
6545 | Plumber III (Correctional Facility) |
7972 | Podiatrist (Correctional Facility) |
1575 | Prison Canteen Manager I |
1576 | Prison Canteen Manager II |
7158 | Prison Industries Administrator |
7157 | Prison Industries Manager (General) |
7164 | Prison Industries Manager (Metal Products) |
7165 | Prison Industries Manager (Textile Products) |
7163 | Prison Industries Manager (Wood Products) |
0679 | Prison Industries
Superintendent I (Agriculture) |
0617 | Prison Industries Superintendent II (Agriculture) |
7217 | Prison Industries Superintendent II (Bindery) |
7109 | Prison Industries Superintendent I (Coffee Roasting and Grinding) |
7203 | Prison Industries Superintendent I (Dental Laboratory) |
7202 | Prison Industries Superintendent II (Dental Laboratory) |
7170 | Prison Industries Superintendent II (Detergent) |
7350 | Prison Industries Superintendent I (Egg Production) |
7194 | Prison Industries Superintendent I (Fabric Products) |
7195 | Prison Industries Superintendent II (Fabric Products) |
7351 | Prison Industries Superintendent I (Fiberglass Products) |
7352 | Prison Industries Superintendent I (Furniture Refurbishing) |
7209 | Prison Industries Superintendent II (Knitting
Mill) |
2108 | Prison Industries Superintendent II (Laundry) |
7154 | Prison Industries Superintendent II (Maintenance and Repair) |
7196 | Prison Industries Superintendent II (Mattress and Bedding) |
7189 | Prison Industries Superintendent I (Metal Products) |
7190 | Prison Industries Superintendent II (Metal Products) |
7214 | Prison Industries Superintendent II (Printing) |
7205 | Prison Industries Superintendent II (Shoe Manufacturing) |
7320 | Prison Industries Superintendent I (Silkscreen) |
7319 | Prison Industries Superintendent II (Silkscreen) |
7175 | Prison Industries Superintendent I (Wood Products) |
7172 | Prison
Industries Superintendent II (Wood Products) |
4760 | Procurement and Services Officer I (Correctional Facility) |
4761 | Procurement and Services Officer II (Correctional Facility) |
7162 | Product Engineering Technician, Prison Industries |
7156 | Production Manager I, Prison Industries |
1793 | Property Controller I (Correctional Facility) |
1794 | Property Controller II (Correctional Facility) |
9282 | Psychiatric Social Worker, Correctional Facility |
9283 | Psychologist–Clinical, Correctional Facility |
9284 | Psychology Associate, Correctional Facility |
9354 | Psychology Internship Director, Correctional Facility |
9285 | Psychometrist,
Correctional Facility |
9274 | Public Health Nurse I, Correctional Facility |
9345 | Public Health Nurse II, Correctional Facility |
7145 | Quality Assurance Manager, Prison Industries |
3080 | Quality Control Technician, Prison Industries (Cleaning Products) |
9315 | Radiologic Technologist, Correctional Facility |
9286 | Recreation Therapist, Correctional Facility |
6715 | Refrigeration Engineer (Correctional Facility) |
9275 | Registered Nurse, Correctional Facility |
2734 | Resource Specialist, Special Education |
9316 | Respiratory Care Practitioner, Correctional Facility |
9854 | School
Psychologist |
2077 | Seamer (Correctional Facility) |
9348 | Senior Clinical Laboratory Technologist, Correctional Facility |
9266 | Senior Laboratory Assistant, Correctional Facility |
2945 | Senior Librarian (Correctional Facility) |
8215 | Senior Medical Technical Assistant |
9346 | Senior Occupational Therapist, Correctional Facility |
9270 | Senior Psychiatrist, Correctional Facility (Specialist) |
9271 | Senior Psychiatrist, Correctional Facility (Supervisor) |
9289 | Senior Psychologist, Correctional Facility |
9287 | Senior Psychologist, Correctional Facility (Specialist) |
9288 | Senior Psychologist, Correctional Facility (Supervisor) |
9350 | Senior Radiologic Technologist, Correctional Facility (Specialist) |
9351 | Senior Radiologic Technologist, Correctional Facility (Supervisor) |
7562 | Sheet Metal Worker (Correctional Facility) |
6211 | Skilled Laborer (Correctional Facility) |
9911 | Social Worker, Youth Authority |
9272 | Staff Psychiatrist, Correctional Facility |
9290 | Staff Psychologist-Clinical, Correctional
Facility |
6713 | Stationary Engineer (Correctional Facility) |
6718 | Stationary Engineer Apprentice (Four-Year Program) (Correctional Facility) |
6557 | Steamfitter Supervisor (Correctional Facility) |
3082 | Substitute Academic Teacher (Correctional Facility) |
9349 | Supervising Clinical Laboratory Technologist, Correctional Facility |
2183 | Supervising Cook I (Correctional Facility) |
2182 | Supervising Cook II (Correctional Facility) |
0716 | Supervising Groundskeeper II (Correctional Facility) |
2044 | Supervising Housekeeper I (Correctional Facility) |
2940 | Supervising Librarian (Correctional Facility) |
9276 | Supervising Psychiatric Nurse, Correctional Facility |
9291 | Supervising Psychiatric Social Worker I, Correctional Facility |
9292 | Supervising Psychiatric Social Worker II, Correctional Facility |
9317 | Supervising Registered Nurse I, Correctional Facility |
9318 | Supervising Registered Nurse II,
Correctional Facility |
9319 | Supervising Registered Nurse III, Correctional Facility |
9910 | Supervising Social Worker I, Youth Authority |
9908 | Supervising Social Worker II, Youth Authority |
2305 | Supervisor of Academic Instruction (Correctional Facility) |
6763 | Supervisor of Building Trades (Correctional Facility) |
2384 | Supervisor of Commercial Diver Training |
2303 | Supervisor of Correctional Education Programs |
2370 | Supervisor of Vocational Instruction |
9277 | Surgical Nurse I, Correctional Facility |
9329 | Surgical Nurse II, Correctional Facility |
3073 | Teacher (Adaptive Physical Education) (Correctional Facility) |
2286 | Teacher (Cerebral Palsied Children) (Correctional Facility) |
2287 | Teacher (Elementary-Multiple Subjects) (Correctional Facility) |
2288 | Teacher (Emotionally/Learning Handicapped) (Correctional Facility) |
3075 | Teacher (English Language Development) (Correctional Facility) |
2297 | Teacher (Ethnic Studies) (Correctional Facility) |
2289 | Teacher (Family Life Education) (Correctional Facility) |
2373 | Teacher (Hearing Impaired) (Correctional Facility) |
2284 | Teacher (High School-Arts and Crafts) (Correctional Facility) |
2285 | Teacher (High School-Business Education) (Correctional Facility) |
3074 | Teacher (High School-English/Language Arts) (Correctional Facility) |
3076 | Teacher (High School-Foreign Language) (Correctional Facility) |
2290 | Teacher (High School-General Education) (Correctional Facility) |
2291 | Teacher (High School-Home Economics) (Correctional Facility) |
3077 | Teacher (High School-Mathematics) (Correctional
Facility) |
2294 | Teacher (High School-Music) (Correctional Facility) |
2295 | Teacher (High School-Physical Education) (Correctional Facility) |
3078 | Teacher (High School-Science) (Correctional Facility) |
3079 | Teacher (High School-Social Science) (Correctional Facility) |
2298 | Teacher (Librarian) (Correctional Facility) |
2292 | Teacher
(Children with Intellectual or Developmental Disabilities) (Correctional Facility) |
2371 | Teacher (Speech Development and Correction) (Correctional Facility) |
6400 | Teaching Assistant (Correctional Facility) |
7201 | Tobacco Factory Superintendent |
7560 | Tractor Operator-Laborer (Correctional Facility) |
6382 | Truck Driver (Correctional Facility) |
6772 | Utility Shops Supervisor (Correctional Facility) |
2387 | Vocational Instructor
(Airframe Mechanics) (Correctional Facility) |
2853 | Vocational Instructor (Animal Husbandry) (Correctional Facility) |
2396 | Vocational Instructor (Auto Body and Fender Repair) (Correctional Facility) |
2398 | Vocational Instructor (Auto Mechanics) (Correctional Facility) |
2399 | Vocational Instructor (Baking) (Correctional Facility) |
2400 | Vocational Instructor (Bookbinding) (Correctional Facility) |
2854 | Vocational Instructor (Building Maintenance) (Correctional Facility) |
2417 | Vocational Instructor (Carpentry) (Correctional Facility) |
2419 | Vocational Instructor (Commercial Diver Training) (Correctional Facility) |
2855 | Vocational Instructor (Computer and Related Technologies) (Correctional Facility) |
2420 | Vocational Instructor
(Cosmetology) (Correctional Facility) |
2422 | Vocational Instructor (Culinary Arts) (Correctional Facility) |
2869 | Vocational Instructor (Dental Technology) (Correctional Facility) |
2856 | Vocational Instructor (Diesel Mechanics) (Correctional Facility) |
2423 | Vocational Instructor (Dog Grooming and Handling) (Correctional Facility) |
2425 | Vocational Instructor (Drycleaning Works) (Correctional Facility) |
2857 | Vocational Instructor (Drywall Installer/Taper) (Correctional Facility) |
2426 | Vocational Instructor (Electrical Work) (Correctional Facility) |
2428 | Vocational Instructor (Electronics) (Correctional Facility) |
2688 | Vocational Instructor (Eyewear Manufacturing) (Correctional Facility) |
2429 | Vocational Instructor (Fire Science)
(Correctional Facility) |
2858 | Vocational Instructor (Floor Cover Layer) (Correctional Facility) |
2431 | Vocational Instructor (Furniture Refinishing and Repair) (Correctional Facility) |
2432 | Vocational Instructor (Garment Making) (Correctional Facility) |
2433 | Vocational Instructor (Heavy Equipment Repair) (Correctional Facility) |
2597 | Vocational Instructor (Household Appliance Repair) (Correctional Facility) |
2598 | Vocational Instructor (Industrial Arts) (Correctional Facility) |
2599 | Vocational Instructor (Instrument Repair) (Correctional Facility) |
2600 | Vocational Instructor (Janitorial Service) (Correctional Facility) |
2601 | Vocational Instructor (Landscape Gardening) (Correctional Facility) |
2611 | Vocational Instructor (Laundry
Work) (Correctional Facility) |
2614 | Vocational Instructor (Machine Shop Practice) (Correctional Facility) |
2615 | Vocational Instructor (Masonry) (Correctional Facility) |
2619 | Vocational Instructor (Meat Cutting) (Correctional Facility) |
2627 | Vocational Instructor (Mechanical Drawing) (Correctional Facility) |
2628 | Vocational Instructor (Merchandising) (Correctional Facility) |
2630 | Vocational Instructor (Mill and Cabinet Work) (Correctional Facility) |
2674 | Vocational Instructor (Office Machine Repair) (Correctional Facility) |
2849 | Vocational Instructor (Office Services and Related Technologies) (Correctional Facility) |
2640 | Vocational Instructor (Offset Printing) (Correctional Facility) |
2644 | Vocational
Instructor (Painting) (Correctional Facility) |
2645 | Vocational Instructor (Plastering) (Correctional Facility) |
2661 | Vocational Instructor (Plumbing) (Correctional Facility) |
2665 | Vocational Instructor (Powerplant Mechanics) (Correctional Facility) |
2666 | Vocational Instructor (Printing) (Correctional Facility) |
2667 | Vocational Instructor (Radiologic Technology) (Correctional Facility) |
2668 | Vocational Instructor (Refrigeration and Air-conditioning Repair) (Correctional Facility) |
2850 | Vocational Instructor (Roofer) (Correctional Facility) |
2669 | Vocational Instructor (Sewing Machine Repair) (Correctional Facility) |
2670 | Vocational Instructor (Sheet Metal Work) (Correctional Facility) |
2671 | Vocational Instructor (Shoemaking)
(Correctional Facility) |
2672 | Vocational Instructor (Silk Screening Process) (Correctional Facility) |
2851 | Vocational Instructor (Small Engine Repair) (Correctional Facility) |
2673 | Vocational Instructor (Storekeeping and Warehousing) (Correctional Facility) |
5415 | Vocational Instructor (Telemarketing/Customer Service) (Correctional Facility) |
2675 | Vocational Instructor (Upholstering) (Correctional Facility) |
2676 | Vocational Instructor (Vocational Nursing) (Correctional Facility) |
2677 | Vocational Instructor (Welding) (Correctional Facility) |
1504 | Warehouse Manager I (Correctional Facility) |
1502 | Warehouse Manager II (Correctional Facility) |
6221 | Warehouse Worker (Correctional Facility) |
6724 | Water and Sewage Plant Supervisor (Correctional Facility) |
2311 | Youth Authority Teacher |
(b) In addition, “state safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in any classification of Vocational Instructor, Industrial Supervisor, Industrial Superintendent, Assistant Industrial Superintendent, or Production Manager II (Prison Industries) that is established on or after
January 1, 1984, if the Department of Human Resources and the State Personnel Board approve the inclusion of the classification.
(c) “State safety member” shall also include officers and employees in parenthetical specialty classes when the core class has already been expressly included in the state safety membership category if the Department of Human Resources and the State Personnel Board approve the inclusion of the classifications. The inclusion shall not be effective until notice of the inclusion has been received by the board.
(d) Any of these officers or employees in employment on the operative date of an amendment to this section and who becomes a state safety member as a result of that amendment, may elect by a writing filed with the board prior to 90 days after
notification by the board, to be restored to their previous status as a state industrial member. Upon the filing of the election the member shall cease to be a state safety member, and their rights and obligations shall be restored prospectively and retroactively to the operative date of that amendment.
SEC. 3.SEC. 4.
Section 1267.11 of the Health and Safety Code is amended to read:1267.11.
Each intermediate care facility/developmentally disabled-habilitative shall designate direct care staff persons to supervise the direct care services to clients for at least 56 hours per week. The hours of these supervisory staff persons shall be applied against the total number of direct care hours required in regulations developed by the department pursuant to Section 1267.7. These supervisory staff persons shall, at a minimum, meet one of the following criteria:(a) Possession of a valid vocational nurse or psychiatric technician license issued by the Board of Vocational Nurse and Psychiatric Technician Examiners.
(b)
Completion of at least 30 college or university units in
education, social services, behavioral sciences, health sciences, or related fields, and six months experience providing direct services to developmentally disabled persons.
(c) Eighteen months experience providing direct services to developmentally disabled persons while under the supervision of a person who meets the requirements of a professional as defined in regulations promulgated pursuant to Section 1267.7.
SEC. 4.SEC. 5.
Section 4509 of the Welfare and Institutions Code is repealed.SEC. 5.SEC. 6.
Section 14110.6 of the Welfare and Institutions Code is amended to read:14110.6.
(a) The director shall adopt regulations, establishing payment rates for nursing facilities, intermediate care facilities/developmentally disabled, and intermediate care facilities/developmentally disabled-habilitative as defined in Section 1250 of the Health and Safety Code, which are sufficient to provide an increase of one dollar and ninety-six cents ($1.96) per patient day for patients receiving skilled nursing services, one dollar and fifty-eight cents ($1.58) per patient day, for patients receiving intermediate care services, two dollars and twenty-nine cents ($2.29) per patient day for intermediate care facilities/developmentally disabled patients, to be used for wage increases and benefits to all employees, except a licensed nursing home administrator or an administrator-in-training and two dollars and thirty-five cents ($2.35) per patient day for intermediate care facilities/developmentally disabled-habilitative patients in facilities with 4 to 6 beds, and one dollar and ninety-eight cents ($1.98) per patient day for intermediate care facilities/developmentally disabled-habilitative patients in facilities with 7 to 15 beds, to be used for wage increases and benefits to all direct care staff. However, if either (1) the entry level wages of the lowest paid nonadministrative employee of a nursing facility, intermediate care facility/developmentally disabled, or intermediate care facility/developmentally disabled-habilitative, exceeds six dollars ($6) per hour as of August 1, 1984; or (2) upon the election of a county board of supervisors, for any nursing facility, intermediate care facility/developmentally disabled, or intermediate care facility/developmentally disabled-habilitative, which is operated by a county, the funds received pursuant to regulations adopted pursuant to this section shall be used solely for labor costs directly related to providing patient care services in order to meet patients’ needs including the uses of funds provided for under subdivision (d) of Section 14110.7. Any increase in wages and benefits required by this section shall be in addition to any future mandatory increases required by federal or state law. The rate shall provide funding for the portion of additional costs necessary to implement the wage and benefit increase required by this section attributable to Medi-Cal patients. The portion of those additional costs shall be the same as the ratio of Medi-Cal patients to the total number of patients in the facility. These regulations shall be adopted, effective March 15, 1985, for skilled nursing facilities, intermediate care facilities, and intermediate care facilities/developmentally disabled, and by October 1, 1985, for intermediate care facilities/developmentally disabled-habilitative. Commencing October 1, 1990, these requirements shall become operative for nursing facilities.(b) Each nursing facility or intermediate care facility/developmentally disabled, or, for the period prior to October 1, 1990, each skilled nursing facility or intermediate care facility, shall certify all of the following:
(1) All employees, except a licensed nursing home administrator or an administrator-in-training of a licensed nursing home, shall receive at least the prevailing federal or state minimum wage rate plus the average hourly
wage increase established pursuant to Chapter 19 of the Statutes of 1978, and this section.
(2) All employees of the facility, except a licensed administrator or administrator-in-training, shall be paid not less than the sum of the employee’s actual rate of pay as of the effective date of the Medi-Cal rate increase provided for under Section 14110.7 plus the amount of the adjustment specified pursuant to this section, or not less than the applicable agreed to rate plus the amount of the adjustment, whichever is greater.
(3) Any wage increase required pursuant to Section 1268.5 of the Health and Safety Code, is in addition to any minimum wages provided in this section.
(4) For purposes of determining the amount of Medi-Cal
funds to be distributed for employee wages and benefits, the total Medi-Cal patient days recorded by the facility in the month of December 1983 shall be multiplied by the amount per patient day specified in subdivision (a) plus the amount provided by Chapter 19 of the Statutes of 1978. The new wage levels shall be determined by dividing the Medi-Cal funds received by the nonovertime hours worked by covered employees in December 1983, plus any adjustments due to additional employees as specified in Section 14110.7 and adjustments to reflect employee benefit allowances.
(c) Each intermediate care facility/developmentally disabled-habilitative shall certify all of the following:
(1) All direct care staff, as defined in the department’s regulations developed pursuant to
Section 1267.7 of the Health and Safety Code, shall receive at least the prevailing federal or state minimum wage plus the average hourly wage increase pursuant to this section.
(2) For purposes of determining the amount of Medi-Cal funds to be distributed for intermediate care facilities/developmentally disabled-habilitative for employee wages and benefits, the total Medi-Cal patient days in the month of December 1984, shall be multiplied by the amount per patient day specified in subdivision (a). The new wage level shall be determined by dividing the Medi-Cal funds received by the nonovertime hours by covered direct care employees in December 1984, and adjustments to reflect employee benefit allowances.
(d) The director shall order the inspection of relevant payroll and
personnel records of facilities which are reimbursed for Medi-Cal patients under the rate of reimbursement established pursuant to subdivision (a) to ensure that the wage and benefit increases provided for have been implemented.
(e) The department shall, commencing August 1, 1999, increase the Medi-Cal reimbursement for level A and level B nursing facilities solely to provide funds for salaries, wages, and benefits increases for direct care staff. For the purposes of this subdivision, “direct care staff” means registered nurses, licensed vocational nurses, and nurse assistants, who provide direct patient care. The amount of funds to be provided to each level A and level B facility pursuant to this subdivision shall be calculated on a per patient day
per-patient-day basis, and shall be added to the per diem rate paid to each facility. The amount of funds provided under this subdivision to each nursing facility peer group shall be published in a Medi-Cal provider bulletin. Level A and level B facilities shall compensate their registered nurses, licensed vocational nurses, and nurse assistants that portion of the rate increase provided under this subdivision in the form of salaries, wages, and benefits increases for their direct care staff. The total amount to be passed through by each facility shall be the per diem amount received by the facility pursuant to this subdivision times the facility’s number of Medi-Cal patient days.
(f) Subject to an appropriation for this purpose in the Budget Act of 2000, in addition to the increase specified in
subdivision (e), the department shall, commencing August 1, 2000, increase the Medi-Cal reimbursement rate for nursing facilities, intermediate care facilities/developmentally disabled, intermediate care facilities/developmentally disabled-habilitative, and intermediate care facilities/developmentally disabled-nursing solely to provide funds for salaries, wages, and benefits increases for direct care staff and other staff, subject to all of the following:
(1) For purposes of this subdivision subdivision, “direct care staff in nursing facilities” means the following:
(A) Registered nurses and licensed vocational
nurses, when employed in the performance of direct care to patients.
(B) Employees in the nurse assistant classification employed in the performance of direct care to patients at a freestanding or distinct-part nursing facility, including job titles such as nursing aide, aide, practical nurse, orderly, nurse assistant, and certified nurse assistant.
(C) Employees performing respiratory therapy services for Medi-Cal pediatric subacute patients, including job titles such as respiratory care practitioner, respiratory technician, respiratory therapist inhalation technician, and inhalation therapist.
(2) For purposes of this subdivision, “direct care staff in intermediate care facilities/developmentally disabled, intermediate care
facilities/developmentally disabled-habilitative, and intermediate care facilities/developmentally disabled-nursing” means all of the following:
(A) Qualified professionals employed in the performance of direct care to individuals with intellectual or developmental disabilities.
(B) Lead personnel employed in the performance of direct care to patients. Lead personnel described in this subparagraph shall not be considered to be supervisory.
(C) Employees in the nurse assistant classification employed in the performance of direct care to patients at a freestanding or distinct-part nursing facility, including job titles such as nurse assistants and aides.
(D) Other nonsupervisory staff providing direct patient care.
(E) Registered nurses and licensed vocational nurses, if employed in the performance of direct care to patients.
(3) For purposes of paragraphs (1) and (2), “direct care staff” shall not include registered nurses or other personnel performing supervisory functions or housekeeping or maintenance staff in any facility.
(4) For purposes of this subdivision, “other staff” means all of the following personnel:
(A) Linen and laundry staff.
(B) Plant operations and maintenance staff.
(C) Housekeeping staff.
(D) Dietary staff.
(5) (A) The amount of funds to be provided to each facility pursuant to this subdivision shall be added to the per diem rate paid to each facility on a per patient day per-patient-day basis.
(B) The per diem amount of funds provided to each facility type and peer group pursuant to this subdivision shall be published in a Medi-Cal provider bulletin. Nursing facilities that are part of an acute care hospital and subacute facilities shall be notified of their per diem amount provided
pursuant to this subdivision in a separate letter to each facility.
(6) (A) Facilities receiving funds pursuant to this subdivision shall compensate staff that portion of the rate increase provided pursuant to this subdivision in the form of salaries, wages, and benefits increases. The total amount to be passed through pursuant to this subdivision by each facility shall be the per diem amount received by the facility pursuant to this subdivision multiplied by the facility’s number of Medi-Cal patient days.
(B) Each direct care and other staff employee classification shall receive a portion of the rate increase provided pursuant to this subdivision in the form of an increase in salary, wage, and benefits. The facility may allocate the amounts that each
classification may receive, but the amount shall not be nominal or zero.
(C) Funds passed through pursuant to this subdivision for purposes of salary, wages, or benefits increases may not be used for any salary, wage, or benefit increase that were committed to by a facility prior to August 1, 2000, nor may these funds be used for any salaries, wages, or benefits that the facility would have paid in the absence of this subdivision.
(D) Funds passed through pursuant to this subdivision for purposes of salary, wages, or benefits increases may not be distributed to direct care and other staff in the form of bonuses. These funds may, however, be used to provide retroactive pay
increases if those wage increases also increase the employee’s base salary rate.
(7) The base from which direct care and other staff salaries, wages, and benefits shall be increased shall be the aggregate per hour salaries, wages, and benefits for the period of August 1, 1999, to July 31, 2000, inclusive.
(8) The department may inspect relevant payroll and personnel records of facilities receiving funds pursuant to this subdivision in order to ensure that the salary, wage, and benefit increases provided for pursuant to this subdivision have been implemented.
(9) Each facility receiving funds from the department, or from a county organized health system described in paragraph (10) pursuant to this
subdivision shall certify on the form provided by the department that these funds were expended for increased direct care and other staff salary, wages, and benefits increases in accordance with this subdivision. The facility shall return the form to the department by October 1, 2001. The facility shall submit a copy of the completed form to all collective bargaining agents with whom the facility has collective bargaining agreements for direct care and other staff at the facility.
(10) County organized health systems contracting with the department pursuant to Article 2.8 (commencing with Section 14087.5) and Article 7 (commencing with Section 14490) of Chapter 8 shall certify to the department, in a manner to be specified by the department, that the August 1, 2000, wage pass-through funds, received pursuant to this section in the form of
capitated rate payments, were passed through to the facilities described in this subdivision.
(g) Any facility which is paid under the rate provided for in
subdivision (a), (e), or (f) which the director finds has not made the wage and benefit increases provided for shall be liable for the amount of funds paid to the facility based upon the wage and benefit requirements provided for by this section but not distributed to employees for wages and benefits, plus a penalty equal to 10 percent of the funds not so distributed. The facility shall be subject to Section 14107.
