California AB 617

Existing law, the Lanterman Developmental Disabilities Services Act (Lanterman Act) , requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities through various programs, including personal care or personal assistance services and in-home respite services. Existing law requires the Director of Developmental Services to develop program standards for in-home respite services purchased by regional centers from agencies vendored to provide these services. Existing law establishes the Home Care Services Consumer Protection Act, which provides for the licensure and regulation of home care organizations by the State Department of Social Services, and for the registration of home care aides who provide home care services, as defined, on the home care aide registry. Existing law exempts from these provisions an organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Act to provide services and supports for persons with developmental disabilities, as specified. A violation of the act is a misdemeanor. This bill would require, prior to providing personal care or personal assistance services or in-home respite services to a consumer receiving services under the Lanterman Act, an organization vendored or contracted through a regional center or the department to provide personal care or personal assistance services or in-home respite services to a consumer receiving services under the Lanterman Act to be licensed as a home care organization, and an individual who is employed by such an organization to be listed on the home care aide registry, as specified. By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.