Fingerprinting of homecare consumers finally illegal!

Thanks to the unanimous decisions of Assembly Budget Subcommittee #1 on Health and Human Services, chair Assemblymembers Wes Chesbro, Jim Beall (both Democrats) Bob Emmerson and Brian Nestande (both Republicans) the fingerprinting for consumers as an anti-fraud measure is now illegal. Thanks to Marty Omoto for his timely report on this crucial decision.

California Budget Crisis:

Assembly Budget Subcommittee Votes to Rescind Fingerprinting Requirement of IHSS Recipients – Follows Senate Budget Subcommittee Action Last Week

Law Remains In Force Until Full Legislature and Governor Approve It As Part of 2010-2011 State Budget

SACRAMENTO, CALIF (CDCAN) [Updated 05/12/2010  02:50 PM  (Pacific Time)] – The Assembly Budget Subcommittee #1 on Health and Human Services, chaired by Assemblymember Wes Chesbro (Democrat – Eureka, 1^st Assembly District) voted  4 to 0 this afternoon to rescind the state law passed as part of the 2009-2010 State Budget last July that requires the fingerprinting of all recipients receiving In-Home Supportive Services (IHSS).  Note: the final vote could change if any missing subcommittee members add their votes to the roll call. 

The action was supported by Democrats Chesbro and Assemblymember Jim Beall and also the subcommittee’s two Republican members, Assemblymember Bob Emmerson and Brian Nestande.

The motion by Assemblymember Chesbro would reject the $8.2 million currently in the 2009-2010 State Budget and $5.6 million funding proposed in the 2010-2011 State Budget and any additional associated funding for purposes of fingerprinting IHSS recipients and shift any unspent money into the budget of the Department of Social Services.  Chesbro’s motion would also create corresponding budget related language (referred to as “budget trailer bill”) that would rescind current state law requiring fingerprinting of all IHSS recipients and also state law that requires their fingerprints on all timesheets of their IHSS worker (provider). 

The action follows a similar vote last week by the Senate Budget Subcommittee #3 on Health and Human Services chaired by Sen. Mark Leno (Democrat – San Francisco).

What The Action Means

·         The action by both subcommittees today and last week is not final and still needs approval of the entire State Senate and Assembly -  and then approval of the Governor.  Those approvals will be part of any overall agreement for the 2010-2011 State Budget which, given the enormous budget deficit, will likely be months away. 

·         The action today would rescind or repeal state law – and the funding to implement it – the requirement for mandatory fingerprinting of all recipients who receive IHSS.  The current state law does allow for certain exemptions of the requirement.  However the fingerprinting law still remains in force until final action on this is given by the full Legislature and approved by the Governor as part of the 2010-2011 State Budget.

·         The requirement to fingerprint all IHSS recipients has not been implemented yet by the Department of Social Services – the state agency that oversees the IHSS program statewide, but is proceeding forward as a pilot in certain parts of the state.  If the full Legislature and Governor end up giving final approval of today’s subcommittee action, the effort to move forward on the pilot would end. 

·         The action today did not address and does not impact the fingerprinting and background checks requirements of IHSS workers (providers) that was  passed as part of the 2009-2010 State Budget last July.  Those requirements went into effect on November 1^st and is underway now.